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AND PROJECT FORMS (Hardin County)

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BROWSE HARDIN COUNTY (IA) FORMS

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GENERAL REQUIREMENTS
Standard General Conditions 1 thru 55
Supplementary Conditions to the General Conditions 1 thru 9
Administrative Provisions 1 thru 4
Submittals 1 thru 4
Construction Facilities & Temporary Controls 1 page
PROJECT FORMS
Form of Agreement 1 thru 7
Bid Bond 1 thru 2
Performance Bond 1 thru 3
Payment Bond 1 thru 3
Contractor’s Qualification Statement Form 1 thru 3
Subcontractor and Major Material Suppliers List Form 1 Page
Transmittal of Shop Drawings, Equipment Data, Material
Samples or Manufacturer’s Certificates of Compliance
1
thru 2
AND PROJECT FORMS
(BOOK 2 OF 2)
CLAPSADDLE-GARBER ASSOCIATES OFFICE LOCATIONS
16 East Main Street, PO Box 754 | Marshalltown, IA 50158
1523 S. Bell Avenue, Suite 101 | Ames, IA 50010
5106 Nordic Drive | Cedar Falls, IA 50613
739 Park Avenue | Ackley, IA 50601
511 Bank Street | Webster City, IA 50595
Project Oce
739 Park Avenue
Ackley, IA. 50601
Phone: 641-847-3273
Fax: 641-847-2303
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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 Laws and Regulations.
STANDARD GENERAL CONDITIONS
OF THE CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE
and
Issued and Published Jointly by
AMERICAN COUNCIL OF ENGINEERING COMPANIES
______________________
ASSOCIATED GENERAL CONTRACTORS OF AMERICA
______________________
AMERICAN SOCIETY OF CIVIL ENGINEERS
_______________________
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A Practice Division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
Endorsed by
CONSTRUCTION SPECIFICATIONS INSTITUTE
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between
Owner and Contractor (EJCDC C-520 or C-525, 2007 Editions). Their provisions are interrelated and a
change in one may necessitate a change in the other. Comments concerning their usage are contained in the
Narrative Guide to the EJCDC Construction Documents (EJCDC C-001, 2007 Edition). For guidance in
the preparation of Supplementary Conditions, see Guide to the Preparation of Supplementary Conditions
(EJCDC C-800, 2007 Edition).
Copyright © 2007 National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314-2794
(703) 684-2882
www.nspe.org
American Council of Engineering Companies
1015 15th Street N.W., Washington, DC 20005
(202) 347-7474
www.acec.org
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
(800) 548-2723
www.asce.org
Associated General Contractors of America
2300 Wilson Boulevard, Suite 400, Arlington, VA 22201-3308
(703) 548-3118
www.agc.org
The copyright for this EJCDC document is owned jointly by the four
EJCDC sponsoring organizations and held in trust for their benefit by NSPE.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page i
STANDARD GENERAL CONDITIONS OF THE
CONSTRUCTION CONTRACT
TABLE OF CONTENTS
Page
Article 1 – Definitions and Terminology .......................................................................................................... 1
1.01 Defined Terms ............................................................................................................................... 1
1.02 Terminology .................................................................................................................................. 4
Article 2 – Preliminary Matters ......................................................................................................................... 5
2.01 Delivery of Bonds and Evidence of Insurance ............................................................................. 5
2.02 Copies of Documents .................................................................................................................... 6
2.03 Commencement of Contract Times; Notice to Proceed ............................................................... 6
2.04 Starting the Work .......................................................................................................................... 6
2.05 Before Starting Construction ........................................................................................................ 6
2.06 Preconstruction Conference; Designation of Authorized Representatives .................................. 6
2.07 Initial Acceptance of Schedules .................................................................................................... 7
Article 3 – Contract Documents: Intent, Amending, Reuse ............................................................................ 7
3.01 Intent .............................................................................................................................................. 7
3.02 Reference Standards ...................................................................................................................... 7
3.03 Reporting and Resolving Discrepancies ....................................................................................... 8
3.04 Amending and Supplementing Contract Documents ................................................................... 8
3.05 Reuse of Documents ..................................................................................................................... 9
3.06 Electronic Data .............................................................................................................................. 9
Article 4 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental
Conditions; Reference Points ............................................................................................................. 9
4.01 Availability of Lands ..................................................................................................................... 9
4.02 Subsurface and Physical Conditions ........................................................................................... 10
4.03 Differing Subsurface or Physical Conditions ............................................................................. 10
4.04 Underground Facilities ................................................................................................................ 11
4.05 Reference Points .......................................................................................................................... 12
4.06 Hazardous Environmental Condition at Site .............................................................................. 12
Article 5 – Bonds and Insurance ...................................................................................................................... 14
5.01 Performance, Payment, and Other Bonds ................................................................................... 14
5.02 Licensed Sureties and Insurers .................................................................................................... 14
5.03 Certificates of Insurance ............................................................................................................. 15
5.04 Contractor’s Insurance ................................................................................................................ 15
5.05 Owner’s Liability Insurance ........................................................................................................ 16
5.06 Property Insurance ....................................................................................................................... 16
5.07 Waiver of Rights ......................................................................................................................... 18
5.08 Receipt and Application of Insurance Proceeds ......................................................................... 18
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page ii
5.09 Acceptance of Bonds and Insurance; Option to Replace ........................................................... 19
5.10 Partial Utilization, Acknowledgment of Property Insurer .......................................................... 19
Article 6 – Contractor’s Responsibilities ........................................................................................................ 19
6.01 Supervision and Superintendence ............................................................................................... 19
6.02 Labor; Working Hours ................................................................................................................ 19
6.03 Services, Materials, and Equipment ........................................................................................... 20
6.04 Progress Schedule ....................................................................................................................... 20
6.05 Substitutes and “Or-Equals” ....................................................................................................... 20
6.06 Concerning Subcontractors, Suppliers, and Others .................................................................... 22
6.07 Patent Fees and Royalties ........................................................................................................... 24
6.08 Permits ......................................................................................................................................... 24
6.09 Laws and Regulations ................................................................................................................. 24
6.10 Taxes ........................................................................................................................................... 25
6.11 Use of Site and Other Areas ........................................................................................................ 25
6.12 Record Documents ...................................................................................................................... 26
6.13 Safety and Protection .................................................................................................................. 26
6.14 Safety Representative .................................................................................................................. 27
6.15 Hazard Communication Programs.............................................................................................. 27
6.16 Emergencies ................................................................................................................................ 27
6.17 Shop Drawings and Samples ...................................................................................................... 27
6.18 Continuing the Work ................................................................................................................... 29
6.19 Contractor’s General Warranty and Guarantee .......................................................................... 29
6.20 Indemnification ........................................................................................................................... 29
6.21 Delegation of Professional Design Services ............................................................................... 30
Article 7 – Other Work at the Site ................................................................................................................... 31
7.01 Related Work at Site ................................................................................................................... 31
7.02 Coordination ................................................................................................................................ 31
7.03 Legal Relationships ..................................................................................................................... 32
Article 8 – Owner’s Responsibilities ............................................................................................................... 32
8.01 Communications to Contractor ................................................................................................... 32
8.02 Replacement of Engineer ............................................................................................................ 32
8.03 Furnish Data ................................................................................................................................ 32
8.04 Pay When Due ............................................................................................................................. 32
8.05 Lands and Easements; Reports and Tests ................................................................................... 32
8.06 Insurance...................................................................................................................................... 32
8.07 Change Orders ............................................................................................................................. 33
8.08 Inspections, Tests, and Approvals .............................................................................................. 33
8.09 Limitations on Owner’s Responsibilities ................................................................................... 33
8.10 Undisclosed Hazardous Environmental Condition .................................................................... 33
8.11 Evidence of Financial Arrangements .......................................................................................... 33
8.12 Compliance with Safety Program ............................................................................................... 33
Article 9 – Engineer’s Status During Construction ......................................................................................... 33
9.01 Owner’s Representative .............................................................................................................. 33
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page iii
9.02 Visits to Site ................................................................................................................................ 33
9.03 Project Representative ................................................................................................................. 34
9.04 Authorized Variations in Work .................................................................................................. 34
9.05 Rejecting Defective Work ........................................................................................................... 34
9.06 Shop Drawings, Change Orders and Payments .......................................................................... 34
9.07 Determinations for Unit Price Work .......................................................................................... 35
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ..................... 35
9.09 Limitations on Engineer’s Authority and Responsibilities ........................................................ 35
9.10 Compliance with Safety Program ............................................................................................... 36
Article 10 – Changes in the Work; Claims ..................................................................................................... 36
10.01 Authorized Changes in the Work ............................................................................................... 36
10.02 Unauthorized Changes in the Work ............................................................................................ 36
10.03 Execution of Change Orders ....................................................................................................... 36
10.04 Notification to Surety .................................................................................................................. 37
10.05 Claims .......................................................................................................................................... 37
Article 11 – Cost of the Work; Allowances; Unit Price Work ....................................................................... 38
11.01 Cost of the Work ......................................................................................................................... 38
11.02 Allowances .................................................................................................................................. 40
11.03 Unit Price Work .......................................................................................................................... 40
Article 12 – Change of Contract Price; Change of Contract Times ............................................................... 41
12.01 Change of Contract Price ............................................................................................................ 41
12.02 Change of Contract Times .......................................................................................................... 42
12.03 Delays .......................................................................................................................................... 42
Article 13 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work ....................... 43
13.01 Notice of Defects ......................................................................................................................... 43
13.02 Access to Work ........................................................................................................................... 43
13.03 Tests and Inspections .................................................................................................................. 43
13.04 Uncovering Work ........................................................................................................................ 44
13.05 Owner May Stop the Work ......................................................................................................... 44
13.06 Correction or Removal of Defective Work ................................................................................ 44
13.07 Correction Period ........................................................................................................................ 45
13.08 Acceptance of Defective Work ................................................................................................... 45
13.09 Owner May Correct Defective Work ......................................................................................... 46
Article 14 – Payments to Contractor and Completion .................................................................................... 46
14.01 Schedule of Values ...................................................................................................................... 46
14.02 Progress Payments ...................................................................................................................... 47
14.03 Contractor’s Warranty of Title .................................................................................................... 49
14.04 Substantial Completion ............................................................................................................... 49
14.05 Partial Utilization ........................................................................................................................ 50
14.06 Final Inspection ........................................................................................................................... 50
14.07 Final Payment .............................................................................................................................. 51
14.08 Final Completion Delayed .......................................................................................................... 52
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page iv
14.09 Waiver of Claims ........................................................................................................................ 52
Article 15 – Suspension of Work and Termination ........................................................................................ 52
15.01 Owner May Suspend Work ......................................................................................................... 52
15.02 Owner May Terminate for Cause ............................................................................................... 52
15.03 Owner May Terminate For Convenience ................................................................................... 53
15.04 Contractor May Stop Work or Terminate................................................................................... 54
Article 16 – Dispute Resolution ...................................................................................................................... 54
16.01 Methods and Procedures ............................................................................................................. 54
Article 17 – Miscellaneous .............................................................................................................................. 55
17.01 Giving Notice .............................................................................................................................. 55
17.02 Computation of Times ................................................................................................................ 55
17.03 Cumulative Remedies ................................................................................................................. 55
17.04 Survival of Obligations ............................................................................................................... 55
17.05 Controlling Law .......................................................................................................................... 55
17.06 Headings ...................................................................................................................................... 55
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 55
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 identified 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. Application for Payment—The form 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 prescribed 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 Order—A document recommended by Engineer which is signed by Contractor and Owner
and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or
the Contract Times, issued on or after the Effective Date 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 submittals, and the reports and drawings of subsurface and physical conditions are not
Contract Documents.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 2 of 55
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 in the case of Unit Price Work).
14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones,
if any; (ii) achieve Substantial Completion; and (iii) complete 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 11.01 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. Effective Date of the Agreement—The date indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on which the Agreement is signed and delivered by
the last of the two parties to sign and deliver.
19. Engineer—The individual or entity named as such in the Agreement.
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.
22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a
substantial danger to persons or property exposed thereto.
23. Hazardous Waste—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 Regulations—Any and all applicable laws, rules, regulations,
ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts
having jurisdiction.
25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal
property.
26. Milestone—A principal event specified in the Contract Documents relating to an intermediate
completion date or time prior to Substantial Completion of all the Work.
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 Proceed—A written notice given by Owner to Contractor fixing the date on which the
Contract Times will commence to run and on which Contractor shall start to perform the Work under
the Contract Documents.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 3 of 55
29. Owner—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 nuclear, or byproduct material as defined by the Atomic
Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.
36. Resident Project Representative—The authorized representative of Engineer who may be assigned to
the Site or any part thereof.
37. 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.
38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals
and the time requirements to support scheduled performance of related construction activities.
39. 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.
40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and 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.
41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which
the Work is to be performed, including rights-of-way and easements for access thereto, and such
other lands furnished by Owner which are designated for the use of Contractor.
42. Specifications—That part of the Contract Documents consisting of written requirements for materials,
equipment, systems, standards and workmanship as applied to the Work, and certain administrative
requirements and procedural matters applicable thereto.
43. 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.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 4 of 55
44. Substantial Completion—The time at which the Work (or a specified part 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.
45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award.
46. Supplementary Conditions—That part of the Contract Documents which amends or supplements
these General Conditions.
47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to furnish materials or equipment to be
incorporated in the Work by Contractor or Subcontractor.
48. 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 or chemicals, or
traffic or other control systems.
49. Unit Price Work—Work to be paid for on the basis of unit prices.
50. Work—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.
51. 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 documented by a Work Change Directive will be incorporated in a subsequently
issued Change Order following negotiations by the parties as to its effect, if any, on the Contract
Price or Contract Times.
1.02 Terminology
A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the
Bidding Requirements or Contract Documents, have the indicated meaning.
B. Intent of Certain Terms or Adjectives:
1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed”
or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In
addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives
of like effect or import are used to describe 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 information in the Contract Documents and
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 5 of 55
with the design concept of the Project as a functioning whole as shown or indicated in the Contract
Documents (unless there is a specific statement indicating otherwise). The use of any such term 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 to the provisions of Paragraph 9.09 or 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 in 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).
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 “provide” 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 Documents, words or phrases that have a well-known technical or
construction 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 Evidence of Insurance
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.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 6 of 55
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 Copies 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 request at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to Proceed
A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement
or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed
may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the
Contract Times commence 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 run.
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 review:
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 preliminary Schedule of Values for all of the Work which includes quantities and prices of items
which when added together equal the Contract Price and subdivides the Work into component parts
in sufficient detail to serve as the basis for 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; Designation of Authorized Representatives
A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others
as appropriate will be held to establish a working understanding among the parties as to the Work and to
discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and maintaining required records.
B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as
its authorized representative with respect to the services and responsibilities under the Contract. Such
individuals shall have the authority to transmit instructions, receive information, render decisions relative
to the Contract, and otherwise act on behalf of each respective party.
EJCDC C-700 Standard General Conditions of the Construction Contract
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 7 of 55
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 2.05.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.
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 Engineer 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 describe a functionally complete project (or part thereof) to
be constructed in accordance with the Contract Documents. Any labor, documentation, services,
materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing
custom or trade usage as being required to produce the indicated 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 Regulations 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, Engineer, or any
of their officers, directors, members, partners, employees, agents, consultants, or subcontractors, any
duty or authority to supervise or direct the performance of the Work or any duty or authority to
undertake responsibility inconsistent with the provisions of the Contract Documents.
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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
discovers, or has actual knowledge of, 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 (a) any applicable Law or
Regulation, (b) any standard, specification, manual, or code, or (c) any instruction of any Supplier,
then Contractor shall promptly report 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, ambiguity,
or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof.
B. Resolving Discrepancies:
1. Except as may be 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, or code, or the instruction of any Supplier
(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 (unless
such an interpretation of the provisions of the Contract Documents would result in violation 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.
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3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier 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 its consultants,
including electronic media editions; or
2. reuse any 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 adaptation by Engineer.
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record
purposes.
3.06 Electronic Data
A. Unless otherwise stated in the Supplementary Conditions, the data furnished by Owner or Engineer to
Contractor, or by 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 furnished only for the convenience of the receiving party. Any conclusion or information obtained or
derived from such electronic files will be at the user’s sole risk. 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 the 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; SUBSURFACE AND PHYSICAL CONDITIONS;
HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS
4.01 Availability of Lands
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 permanent
structures or permanent changes in existing facilities. If Contractor and Owner 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, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may
make a Claim therefor as provided in 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
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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.
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.
4.02 Subsurface and Physical Conditions
A. Reports and Drawings: The Supplementary Conditions identify:
1. those reports known to Owner of explorations and tests of subsurface conditions at or contiguous to
the Site; and
2. those drawings known to Owner of physical conditions relating to existing surface or subsurface
structures at the Site (except Underground Facilities).
B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or
subcontractors 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 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.
4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsurface or physical condition 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 connection therewith (except in an emergency as
required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor
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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 conclusions.
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 described 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 examination, investigation, exploration, 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
c. 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, neither Owner or Engineer, or any of their officers, directors,
members, partners, employees, agents, consultants, or subcontractors shall 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 Supplementary Conditions:
1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such
information or data provided by others; and
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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 Underground 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 Underground 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 or 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 construction which in
Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be
responsible for laying 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 in grades or locations, and shall be
responsible for the accurate replacement or relocation of such reference points or property monuments by
professionally qualified personnel.
4.06 Hazardous Environmental Condition at Site
A. Reports and Drawings: The Supplementary Conditions identify those reports and drawings known to
Owner relating to Hazardous Environmental Conditions that have been identified at the Site.
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B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the 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 officers, directors, members, partners, employees, agents, consultants, or
subcontractors 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 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 revealed 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 responsible.
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 and in
any area affected thereby (except in an emergency as required by Paragraph 6.16.A); 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. Promptly after consulting with Engineer, Owner shall take
such actions as are necessary to permit Owner to timely obtain required permits and provide Contractor
the written notice required by Paragraph 4.06.E.
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 written notice to
Contractor: (i) specifying that such condition and any affected area is 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 amount or extent, if any, of
any adjustment in Contract Price or Contract Times, or both, as a result of such Work stoppage or such
special conditions under which Work is agreed to be resumed by Contractor, either party may 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, members, partners, employees,
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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, 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 consequences 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, members, partners, employees, agents, consultants, and
subcontractors of each and any of them from and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to 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.
ARTICLE 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 final payment
becomes due or until completion of the correction period specified in Paragraph 13.07, whichever is later,
except as provided otherwise by Laws or Regulations or by the Contract Documents. Contractor shall
also furnish such other bonds as are required by the Contract Documents.
B. All bonds shall be in the form prescribed by the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such sureties as are named in the list of “Companies
Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as Acceptable Reinsuring
Companies” 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 or attorney-in-fact must be
accompanied by a certified copy of that individual’s authority to bind the surety. The evidence of
authority shall show that it is effective on the date the agent or attorney-in-fact signed each bond.
C. If the surety on any bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to
do business is terminated in any state where any part of the Project is located or it ceases to meet the
requirements of Paragraph 5.01.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 5.01.B and 5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required 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
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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 of Insurance
A. Contractor shall deliver to Owner, with copies to each additional insured and loss payee identified in 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 and loss payee 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.
C. Failure of Owner to demand such certificates or other evidence of Contractor's full compliance with these
insurance requirements or failure of Owner to identify a deficiency in compliance from the evidence
provided shall not be construed as a waiver of Contractor’s obligation to maintain such insurance.
D. Owner does not represent that insurance coverage and limits established in this Contract necessarily will
be adequate to protect Contractor.
E. The insurance and insurance limits required herein shall not be deemed as a limitation on Contractor’s
liability under the indemnities granted to Owner in the Contract Documents.
5.04 Contractor’s Insurance
A. Contractor shall purchase and maintain such insurance as is appropriate for the Work being performed
and as will provide protection 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
sustained:
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
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6. claims for damages because of bodily injury or death of any person or property damage arising out of
the ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this Paragraph 5.04 shall:
1. with respect to insurance required by Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, be written on
an occurrence basis, include as additional insureds (subject to any customary exclusion regarding
professional liability) Owner and Engineer, and any other individuals or entities identified in the
Supplementary Conditions, all of whom shall be listed as additional insureds, and include coverage
for the respective officers, directors, members, partners, employees, agents, consultants, and
subcontractors of each and any of all such additional insureds, and the insurance afforded to these
additional insureds 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 the Supplementary Conditions or required by Laws or Regulations, whichever is greater;
3. include contractual liability insurance covering Contractor’s indemnity obligations under Paragraphs
6.11 and 6.20;
4. 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 furnished by the
Contractor pursuant to Paragraph 5.03 will so provide);
5. 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
6. include completed operations coverage:
a. Such insurance shall remain in effect for two years after final payment.
b. Contractor shall furnish Owner and each other additional insured identified in the Supplementary
Conditions, to whom a certificate of insurance has been issued, evidence satisfactory to Owner
and any such additional insured of continuation of such insurance at final payment and one year
thereafter.
5.05 Owner’s Liability 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 Supplementary 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). This insurance shall:
1. include the interests of Owner, Contractor, Subcontractors, and Engineer, and any other individuals
or entities identified in the Supplementary Conditions, and the officers, directors, members, partners,
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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 a loss payee;
2. be written on a Builder’s Risk “all-risk” policy form that shall at least include insurance for physical
loss or damage to the Work, temporary buildings, falsework, 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 that caused by flood),
and such other perils or causes of loss as may be specifically required by the Supplementary
Conditions.
3. include expenses incurred in the repair or replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the Site or at another location that was agreed to in writing
by Owner prior to being incorporated in the Work, provided that such materials and equipment have
been included in an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by Owner;
6. include testing and startup; and
7. be maintained in 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 loss payee to whom a certificate
of insurance has been issued.
B. Owner shall purchase and maintain such equipment breakdown insurance or additional property
insurance as may be required 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, members, 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 a loss payee.
C. All the policies of insurance (and the certificates or other evidence thereof) required to be purchased and
maintained in accordance with this 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 loss payee to whom a
certificate of insurance has been issued and will contain waiver provisions in accordance with Paragraph
5.07.
D. Owner shall not be responsible for purchasing and maintaining any property insurance specified in this
Paragraph 5.06 to protect the interests of Contractor, Subcontractors, or others in the Work to the extent
of any deductible amounts that are identified in the Supplementary 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 special insurance be included in the property insurance
policies provided under this 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.
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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
Supplementary Conditions as loss payees (and the officers, directors, members, 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 loss payees thereunder. Owner and
Contractor waive all rights against each other and their respective officers, directors, members, partners,
employees, agents, consultants and subcontractors of each and any of them for all losses and damages
caused by, arising out of or resulting from any of the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and, in addition, waive all such rights against
Subcontractors and Engineer, and all other individuals or entities identified in the Supplementary
Conditions as loss payees (and the officers, directors, members, partners, employees, agents, consultants,
and subcontractors of each and any of them) under such policies for losses and damages so caused. None
of the above waivers shall extend to the rights that any party making such waiver may have to the
proceeds of insurance held by Owner as trustee or otherwise payable under any policy so issued.
B. Owner waives all rights against Contractor, Subcontractors, and Engineer, and the officers, directors,
members, partners, employees, agents, consultants and subcontractors of each and any of them for:
1. loss due to business interruption, loss of use, or other consequential loss extending beyond direct
physical loss or damage to Owner’s property or the Work 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 officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of insurance required by Paragraph 5.06 will be adjusted with Owner
and made payable to Owner as fiduciary for the loss payees, 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 in interest may reach. If no other special agreement is reached, the damaged Work 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 in writing within 15 days after the occurrence of loss to Owner’s exercise of
this power. If such objection be made, Owner as fiduciary shall make settlement with the insurers in
accordance with such agreement as the parties in interest may reach. If no such agreement among the
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parties in interest is reached, Owner as fiduciary shall adjust and settle the loss with the insurers and, if
required in writing by any party in interest, Owner as fiduciary shall give bond for the proper
performance of such duties.
5.09 Acceptance of Bonds and Insurance; Option to Replace
A. If either Owner or 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 Documents, the objecting party shall so notify the
other party in writing within 10 days after receipt of the certificates (or other evidence requested) required
by Paragraph 2.01.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 occupancy.
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 responsible for the means, methods,
techniques, sequences, and procedures of construction. Contractor shall not be responsible 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 superintendent
who shall not be replaced without written notice to Owner and Engineer except under extraordinary
circumstances.
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 Documents. Contractor shall at all times maintain good
discipline and order at the Site.
B. Except as otherwise required for the safety or protection of persons or the Work or property at the Site or
adjacent thereto, and except as otherwise stated in the Contract Documents, all Work at the Site shall be
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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, construction equipment and
machinery, tools, appliances, fuel, power, light, heat, telephone, water, sanitary facilities, temporary
facilities, and all other facilities and incidentals necessary for the performance, testing, start-up, and
completion of the Work.
B. All materials 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. If required by
Engineer, Contractor shall furnish satisfactory evidence (including reports of required tests) as to the
source, kind, and quality of materials and equipment.
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.
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 adjustments will comply with any provisions of the General Requirements 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 Times may
only be made by a Change Order.
6.05 Substitutes and “Or-Equals”
A. Whenever an item of material or equipment is specified or described in the Contract Documents by using
the name of a proprietary item or the name of a particular Supplier, the 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 described below.
1. “Or-Equal” Items: If in Engineer’s sole discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and sufficiently similar so that no change in related
Work will be required, it may be considered by Engineer as an “or-equal” 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 6.05.A.1, a proposed item of material or equipment will be considered
functionally equal to an item so named if:
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a. in the exercise of reasonable judgment Engineer determines that:
1) it is at least equal in materials of construction, 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; and
3) it has a proven record of performance and availability of responsive service.
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 the 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 6.05.A.1, it will be considered a proposed
substitute item.
b. Contractor shall submit sufficient information as provided below to allow Engineer to determine
if 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 6.05.A.2.d, as
supplemented by 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:
1) shall certify that the proposed substitute 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 the proposed substitute item will prejudice
Contractor’s achievement of Substantial Completion on time,
b) whether use of the proposed substitute item in the Work will require a change in any of
the Contract Documents (or in the provisions of any other direct contract with Owner for
other work on the Project) to adapt the design to the proposed substitute item, and
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c) whether incorporation or use of the proposed substitute item in connection with the
Work is subject to payment of any license fee 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; and
4) shall contain an itemized estimate of all costs or credits that will result directly or indirectly
from use of such substitute item, including costs of redesign and claims of other contractors
affected by any resulting change.
B. Substitute Construction Methods or Procedures: If a specific means, method, technique, sequence, or
procedure of construction is expressly required by the Contract Documents, Contractor may furnish or
utilize a substitute means, method, technique, sequence, or procedure of construction 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
6.05.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 6.05.A and 6.05.B. Engineer may require Contractor
to furnish 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 Engineer’s review is
complete, which will be evidenced by a Change Order in the case of a substitute and 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 Reimbursement: Engineer will record Engineer’s costs in evaluating a substitute
proposed or submitted by Contractor pursuant to Paragraphs 6.05.A.2 and 6.05.B. Whether or not
Engineer approves a substitute so proposed or submitted by Contractor, Contractor shall reimburse
Owner for the reasonable charges of Engineer for evaluating each such proposed substitute. Contractor
shall also reimburse Owner for the reasonable 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 Subcontractor, 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 any 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
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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 acceptance or objection in 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 reasonable objection after due investigation. Contractor shall submit an
acceptable replacement for the rejected Subcontractor, Supplier, or 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 constitute a waiver of any right of
Owner or Engineer 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 create any obligation on 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 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 performing or
furnishing any of the Work to communicate with Engineer through Contractor.
F. The divisions and sections of the Specifications and the identifications of any Drawings shall not control
Contractor in dividing the Work among Subcontractors 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 appropriate
agreement between Contractor and 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 a loss payee on the property insurance provided in Paragraph 5.06, the agreement between the
Contractor and the Subcontractor or Supplier will contain provisions whereby the Subcontractor or
Supplier waives all rights against Owner, Contractor, Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as insureds or loss payees (and the officers,
directors, members, partners, employees, agents, consultants, and subcontractors of each and any of them)
for all losses and damages caused by, arising out of, relating to, or resulting from any of the perils or
causes of loss covered by such policies and any other property insurance applicable to the Work. If the
insurers on any such policies require separate waiver forms to be signed by any Subcontractor or
Supplier, Contractor will obtain the same.
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6.07 Patent Fees and Royalties
A. Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process, product, or
device which is the subject of patent rights or copyrights held by others. If a particular invention, design,
process, product, or device is specified in the Contract Documents for use in the performance of the Work
and if, to the 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, Owner shall indemnify and hold harmless
Contractor, and its officers, directors, members, partners, employees, agents, consultants, and
subcontractors 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 in the performance of the Work or resulting from the incorporation in the Work of any
invention, design, process, product, or device specified in the Contract Documents, but not identified as
being subject to payment of any license fee or royalty to others required by patent rights or copyrights.
C. To the fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold harmless
Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them from and against all claims, costs, losses, and damages (including
but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to any infringement of
patent rights or copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process, product, or device not specified in the
Contract Documents.
6.08 Permits
A. Unless otherwise provided in the Supplementary 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 applicable 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 and all court or arbitration or
other dispute resolution costs) arising out of or relating to such Work. However, it shall not be
Contractor’s 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.
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C. Changes in Laws or Regulations not known at the time 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.
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 equipment, the storage of materials and equipment, and 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 fullest extent permitted by Laws and Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors, members, partners, employees, agents,
consultants and subcontractors of each and any of them from and against all claims, costs, losses, and
damages (including but not limited to all fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other dispute resolution costs) arising out of or
relating to 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 clean the Site and the Work and
make it ready for utilization by Owner. At the completion 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 not 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.
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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 Engineer for Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for initiating, maintaining and supervising all safety precautions
and programs in connection with the Work. Such responsibility does not relieve Subcontractors of their
responsibility for the safety of persons or property in the performance of their work, nor for compliance
with applicable safety Laws and Regulations. 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 may be 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 and
maintain all necessary safeguards for such safety and protection. Contractor shall notify owners of
adjacent 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. Contractor shall comply with the applicable requirements of Owner’s safety programs, if any. The
Supplementary Conditions identify any Owner’s safety programs that are applicable to the Work.
D. Contractor shall inform Owner and Engineer of the specific requirements of Contractor’s safety program
with which Owner’s and Engineer’s employees and representatives must comply while at the Site.
E. 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 Drawings or Specifications or to the acts or omissions of Owner or Engineer or anyone employed
by any of them, or anyone for whose acts any of them may be liable, and not attributable, directly or
indirectly, in 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).
F. 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).
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6.14 Safety 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 coordinating any exchange of material safety data sheets or other
hazard communication information required to be made available to or exchanged between or among
employers at the Site in accordance with Laws or Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protection of persons or the Work or property at the Site or adjacent
thereto, Contractor is obligated to act to prevent threatened damage, injury, or loss. Contractor shall give
Engineer prompt written notice if Contractor believes that any significant changes in the Work or
variations from the Contract Documents have been caused thereby or are required as a result thereof. If
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 approval in accordance
with the accepted 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:
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 Submittals,
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.
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C. Submittal Procedures:
1. Before submitting each Shop Drawing or Sample, Contractor shall have:
a. 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;
b. determined and verified all field measurements, quantities, dimensions, specified performance
and design criteria, installation requirements, materials, catalog numbers, and similar information
with respect thereto;
c. determined and verified the suitability of all materials offered with respect to the indicated
application, fabrication, shipping, handling, storage, assembly, and installation pertaining to the
performance of the Work; and
d. determined and verified all information relative to Contractor’s responsibilities for means,
methods, techniques, sequences, and procedures of construction, and safety precautions and
programs incident thereto.
2. Each submittal shall bear a stamp or specific written certification that Contractor has satisfied
Contractor’s obligations under the Contract Documents 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 Drawings or Sample submittal; and, in
addition, by a specific notation made on each Shop Drawing or Sample submitted 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 will, 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 Documents.
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 construction 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 has complied with the
requirements of Paragraph 6.17.C.3 and Engineer has given written approval of each such variation
by specific written notation thereof incorporated in 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. Resubmittal Procedures:
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1. Contractor shall make corrections required by Engineer and shall return the required number of
corrected copies of Shop Drawings and submit, as required, new Samples for review and 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 carry on 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 officers, directors, members, partners, employees,
agents, consultants, and subcontractors shall be entitled to rely on 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,
Subcontractors, 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 in accordance
with the Contract Documents or a release of Contractor’s obligation to perform the Work in accordance
with the Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by Owner of any progress or final payment;
3. the issuance of a certificate of Substantial Completion by Engineer 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
acceptability 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 harmless
Owner and Engineer, and the officers, directors, members, partners, employees, agents, consultants and
subcontractors of each and any of them from and against all claims, costs, losses, and damages (including
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but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all
court or arbitration or other dispute resolution costs) arising out of or relating to the 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 may be liable .
B. In any and all claims against Owner or Engineer or any of their officers, directors, members, partners,
employees, agents, consultants, or subcontractors by any employee (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 Contractor 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, members, 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, or Specifications; 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 provide 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
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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.
ARTICLE 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 through
other direct contracts therefor, or have other work performed by utility owners. If such other work is not
noted in the Contract 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 the 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 may be 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, provide a reasonable opportunity for the introduction and storage of materials and equipment and the
execution of such other work, and properly coordinate the Work with theirs. Contractor shall do all
cutting, fitting, and patching of the Work that may be required to properly connect or otherwise make its
several parts come together and properly integrate with such other work. Contractor shall not endanger
any work of others by cutting, excavating, or otherwise altering such work; provided, however, that
Contractor may cut or alter others' work with the written consent of Engineer and the others whose work
will be affected. The duties and responsibilities of Contractor under this Paragraph are for the benefit of
such utility owners and other contractors to the extent that there are comparable provisions for the benefit
of 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 7, Contractor shall inspect such other work and promptly report to Engineer in
writing any delays, defects, or deficiencies 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 the performance of other work on the Project at the Site, the
following will be set forth in Supplementary Conditions:
1. the individual or entity who will have authority and responsibility for coordination of the activities
among the various contractors will be identified;
2. the specific matters to be covered by such authority and responsibility will be itemized; and
3. the extent of such authority and responsibilities will be provided.
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B. Unless otherwise provided in the Supplementary Conditions, Owner shall have sole authority and
responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable for utilities not under the control of Owner.
B. Each other direct contract of Owner under Paragraph 7.01.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 contractor’s wrongful actions or inactions.
C. Contractor shall be liable to Owner and any other contractor under direct contract to Owner for the
reasonable direct delay and disruption costs incurred by such other contractor as a result of Contractor’s
wrongful 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 furnish the data required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor when 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 with respect to 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
identifying and making available to Contractor copies of reports of explorations and tests of subsurface
conditions and drawings of physical conditions relating to existing surface or subsurface structures at the
Site.
8.06 Insurance
A. Owner’s responsibilities, if any, with respect to purchasing and maintaining liability and property
insurance are set forth in Article 5.
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8.07 Change Orders
A. Owner is obligated to execute Change Orders as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner’s responsibility with respect to certain inspections, tests, and approvals is set forth in Paragraph
13.03.B.
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 undisclosed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. Upon request of Contractor, Owner shall furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner’s obligations under the Contract Documents.
8.12 Compliance with Safety Program
A. While at the Site, Owner’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which Owner has been informed pursuant to Paragraph
6.13.D.
ARTICLE 9 – ENGINEER’S STATUS DURING CONSTRUCTION
9.01 Owner’s Representative
A. Engineer will be Owner’s representative during the construction period. The duties and responsibilities
and the limitations of authority of Engineer as Owner’s representative during construction are set forth in
the Contract Documents.
9.02 Visits to Site
A. Engineer will make visits to the Site at intervals appropriate to the various stages of construction as
Engineer 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 general, 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
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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 Representative to assist Engineer
in providing more extensive observation of the Work. The authority and responsibilities of any such
Resident Project Representative and assistants will be as provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as provided in Paragraph 9.09. If Owner designates
another representative or agent to represent Owner at the Site who is not Engineer’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 Variations in Work
A. Engineer may authorize minor variations in the Work from the requirements of the Contract Documents
which do not involve an adjustment in the Contract Price or the Contract Times and are compatible with
the design concept of the completed Project as a functioning whole as indicated by the Contract
Documents. 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 in 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 in 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 not 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 testing of
the Work as provided in Paragraph 13.04, whether or not the Work is fabricated, installed, or completed.
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.
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9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities and classifications of Unit Price Work performed by
Contractor. 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 referred. If Owner or
Contractor believes 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 10.05.B.
C. Engineer’s written decision on the issue referred will be final and binding on Owner and Contractor,
subject to the provisions of Paragraph 10.05.
D. When functioning as interpreter and judge under this Paragraph 9.08, Engineer will not show 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 Engineer 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 responsible 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 the 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 requirements of, and in the case of certificates of
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inspections, tests, and approvals that the results certified indicate compliance with, the Contract
Documents.
E. The limitations upon authority and responsibility set forth in this Paragraph 9.09 shall also apply to the
Resident Project Representative, if any, and assistants, if any.
9.10 Compliance with Safety Program
A. While at the Site, Engineer’s employees and representatives shall comply with the specific applicable
requirements of Contractor’s safety programs of which Engineer has been informed pursuant to
Paragraph 6.13.D.
ARTICLE 10 – CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without notice to any surety, Owner may, at any time or from time
to time, order additions, deletions, or revisions in the Work by a Change Order, or a Work Change
Directive. Upon receipt of any such document, Contractor shall 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 entitlement 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 in Paragraph 10.05.
10.02 Unauthorized Changes in the Work
A. Contractor shall not be entitled to an increase in the Contract Price or an extension of the Contract Times
with respect to any work performed that is not required by the Contract Documents as amended,
modified, 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.D.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropriate Change Orders recommended by Engineer covering:
1. changes in the Work which are: (i) ordered by Owner pursuant to Paragraph 10.01.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 in the Contract Price or Contract Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually performed in accordance with a Work Change
Directive; and
3. changes in the Contract Price or Contract Times which embody the substance of any written decision
rendered by Engineer pursuant to Paragraph 10.05; provided that, in lieu of executing any such
Change Order, 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.
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10.04 Notification to Surety
A. If the provisions of any bond require notice to be given to a surety 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), the giving of any such notice will be Contractor’s responsibility. 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 Engineer
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 12.01.B. A Claim for an adjustment in Contract Times shall be prepared in 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 claimant’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 in 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 10.05.C or denial pursuant to Paragraphs 10.05.C.3 or 10.05.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.
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.
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ARTICLE 11 – COST OF 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 11.01.B, necessarily incurred and paid by Contractor in 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 reimbursed 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 not include any of the costs
itemized in Paragraph 11.01.B, and shall include only the following items:
1. Payroll costs for employees in 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 on the Work.
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 in 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 payments, 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 expenses of Contractor’s
employees incurred in discharge of duties connected with the Work.
b. Cost, including transportation and maintenance, of all materials, supplies, equipment, machinery,
appliances, office, and temporary facilities at the Site, and hand tools not owned by the workers,
which are consumed in the performance of the Work, and cost, less market value, of such items
used but not consumed which remain the property of Contractor.
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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 equipment, machinery, or parts shall cease when the use thereof is no longer
necessary for the Work.
d. Sales, consumer, use, and other similar taxes related to the Work, and for which Contractor is
liable, as 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.
f. 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 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 the 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,
express and courier services, 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,
attorneys, 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 in the agreed upon
schedule of job classifications referred to in Paragraph 11.01.A.1 or specifically covered by
Paragraph 11.01.A.4, all of which are to be considered administrative costs covered by the
Contractor’s fee.
2. Expenses of Contractor’s principal and branch offices other than Contractor’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 making
good any damage to property.
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5. Other overhead or general expense costs of any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.01.A.
C. Contractor’s Fee: When all the Work is performed on the basis of cost-plus, Contractor’s fee shall 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 on the basis of Cost of the Work,
Contractor’s fee shall be determined as set forth in Paragraph 12.01.C.
D. Documentation: Whenever the Cost of the Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.01.B, Contractor will establish and maintain records thereof in accordance
with generally accepted accounting practices and submit in a form acceptable to Engineer an itemized
cost breakdown together with supporting data.
11.02 Allowances
A. It is understood that Contractor has included in 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 may be 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 in the Contract
Price and not in the allowances, and no demand for additional payment on account of any of the
foregoing will be valid.
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 on account of Work covered by allowances, and the Contract Price
shall be correspondingly adjusted.
11.03 Unit Price Work
A. Where the Contract Documents provide that all or part of the Work is to be Unit Price Work, initially the
Contract Price will be deemed to include for all Unit Price Work an amount equal to the sum of the unit
price for each separately identified item of Unit Price Work times the estimated quantity of each item as
indicated in the Agreement.
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.
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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
significantly from the estimated quantity of such item indicated in the Agreement; and
2. there is no corresponding adjustment with respect to 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 the
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
application 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 12.01.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 12.01.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 11.01.A.1 and 11.01.A.2, the Contractor’s fee shall be 15
percent;
b. for costs incurred under Paragraph 11.01.A.3, the Contractor’s fee shall be five percent;
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c. where one or more tiers of subcontracts are on the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Paragraphs 12.01.C.2.a and 12.01.C.2.b 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 11.01.A.1 and 11.01.A.2 and that
any higher tier Subcontractor and Contractor will each be paid a fee of five percent of the amount
paid to the next lower tier Subcontractor;
d. no fee shall be payable on the basis of costs itemized under Paragraphs 11.01.A.4, 11.01.A.5, and
11.01.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
f. 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 12.01.C.2.a
through 12.01.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 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 adjustment 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 prevented 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 made 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 contemplated 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 entitled to an equitable adjustment in
the Contract Price or the Contract Times, or both. Contractor’s entitlement to an adjustment of the
Contract Times is conditioned on such adjustment being essential to Contractor’s ability to complete the
Work within the Contract Times.
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, then 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 an adjustment shall be Contractor’s sole
and exclusive remedy for the delays described in this Paragraph 12.03.C.
D. Owner, Engineer, and their officers, directors, members, partners, employees, agents, consultants, or
subcontractors shall not be liable to Contractor for any claims, costs, losses, or damages (including but
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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; CORRECTION, 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. Defective Work may be rejected, corrected, or accepted as provided in this Article 13.
13.02 Access to Work
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 Site and the
Work at reasonable times for their observation, inspection, and testing. Contractor shall provide them
proper and safe conditions for such access and advise them of Contractor’s 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 personnel to facilitate required inspections or
tests.
B. Owner shall employ and pay for the services of an independent 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 tests or inspections conducted pursuant to Paragraph 13.04.B
shall be paid as provided in Paragraph 13.04.C; and
3. as otherwise specifically provided in the Contract 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 furnish Engineer the required certificates of
inspection or approval.
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 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.
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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, Contractor shall, if requested by Engineer, uncover such Work
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 observation, inspection, or testing as Engineer may require, that portion of the Work in question,
furnishing all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is defective, 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) arising out of or relating to
such uncovering, exposure, observation, inspection, 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 an appropriate decrease in the Contract Price. If the parties are unable to agree
as to the amount thereof, Owner may make a Claim therefor as provided in Paragraph 10.05.
D. If 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, observation, inspection, testing, replacement, and reconstruction. If the parties are unable 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 thereof, 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 any
of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of written notice, Contractor shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has been 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 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 removal (including but not limited to all costs of repair or replacement of work of
others).
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B. When correcting defective Work under the terms of this Paragraph 13.06 or Paragraph 13.07, Contractor
shall take no action that would 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 Substantial Completion (or such longer 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, Contractor 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.
B. If Contractor does not promptly comply with the terms of Owner’s written instructions, or in an
emergency 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 removed 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
been 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 of Defective Work
A. If, instead of requiring correction or removal and replacement of defective Work, Owner (and, prior to
Engineer’s recommendation of final payment, 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 for the diminished value of the
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Work to the extent not otherwise paid by Contractor pursuant to this sentence. If any such acceptance
occurs prior to Engineer’s recommendation of final payment, 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, 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 recommendation, 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
possession 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
Contractor but 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 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 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 replacement 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 attributable 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 provided in Paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Application for Payment acceptable to Engineer.
Progress payments on account of Unit Price Work will be based on the number of units completed.
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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 the
Application and accompanied by such supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of materials and equipment not incorporated in the
Work but delivered and suitably stored at the Site or at another location agreed to in writing, the
Application for Payment shall also be accompanied by a bill of sale, invoice, or other documentation
warranting that Owner has received the materials and equipment free and clear of all Liens and
evidence that the materials and equipment are covered by appropriate property insurance or other
arrangements 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 as stipulated in the Agreement.
B. Review of Applications:
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 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 indicated;
b. the quality of the Work is generally in accordance with the Contract Documents (subject to an
evaluation of the Work as a functioning whole prior to or upon Substantial Completion, the
results of any subsequent tests called for in the Contract Documents, a final determination of
quantities and classifications for Unit Price Work under Paragraph 9.07, and 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 the Work in progress, or involved detailed
inspections of the Work beyond the responsibilities specifically assigned to Engineer in the
Contract Documents; or
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b. 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 payment to 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 subsequently discovered evidence or
the results of subsequent 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
replacement;
b. the Contract Price has been reduced by Change Orders;
c. Owner has been required to correct defective Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the occurrence of any of the events enumerated in Paragraph
15.02.A.
C. Payment Becomes Due:
1. Ten days after presentation of the Application for Payment 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 furnishing of
the Work;
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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 in Paragraphs
14.02.B.5.a through 14.02.B.5.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 remaining 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 remedies the reasons for such action.
3. Upon a subsequent determination 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 and
subject to interest as provided in the Agreement.
14.03 Contractor’s Warranty of Title
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 Engineer shall make an inspection of the
Work to determine the status of completion. If 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 corrected before final payment.
Owner shall have seven days after receipt of the tentative certificate during which to make written
objection to Engineer as to any provisions of the certificate or attached list. If, after considering such
objections, Engineer concludes 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. If, 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 corrected)
reflecting such 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 certificate of Substantial Completion, Engineer will deliver to
Owner and Contractor a written recommendation 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 Contractor
agree otherwise in writing and so inform Engineer in writing prior to Engineer’s issuing the definitive
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certificate of Substantial 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 remove its property and 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 conditions:
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, Owner, and
Engineer will follow the procedures of Paragraph 14.04.A through D 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 substantially 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, the 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 property insurance.
14.06 Final Inspection
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.
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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, certificates 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 insurance required by Paragraph 5.04.B.6;
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 Lien 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 (ii) all payrolls, material and equipment bills, and other indebtedness connected with the
Work for which Owner might in any way be responsible, or which might in any way result in liens or
other burdens on Owner's property, have been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full, Contractor may furnish 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 under the Contract 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, indicating in writing the reasons for refusing to recommend final payment, in 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
documentation, 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.
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14.08 Final Completion Delayed
A. If, through no 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 not fully completed or corrected is less than the retainage
stipulated in the Agreement, and if bonds have been furnished 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 payment. Such
payment shall be made under 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
2. a waiver of all Claims by Contractor against Owner other than those previously made in accordance
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 adjustment in the Contract Price or an extension of the Contract Times, or both, directly
attributable to any such suspension if Contractor makes a Claim therefore 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 not limited to, failure 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 repeated 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, after giving Contractor
(and surety) seven days written notice of its intent to terminate the services of Contractor:
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Page 53 of 55
1. exclude 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
3. complete the Work as Owner may deem expedient.
C. If Owner proceeds as provided in Paragraph 15.02.B, Contractor shall not be entitled to receive any
further payment until the Work is completed. If the unpaid balance of the Contract Price exceeds 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)
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 15.02.B and 15.02.C, Contractor’s services will not be terminated if
Contractor begins within seven 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
5.01.A, the termination procedures of that bond shall supersede the provisions of Paragraphs 15.02.B 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 Contract. In such case, Contractor shall be
paid for (without duplication of any items):
1. completed and acceptable Work executed in accordance with the Contract Documents prior to the
effective date of termination, including fair and reasonable sums for overhead and profit on such
Work;
2. expenses sustained prior to the effective date of termination in performing services and furnishing
labor, materials, or equipment as required by the Contract Documents in connection with
uncompleted Work, plus fair and reasonable sums for overhead and profit on such expenses;
3. 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.
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B. Contractor shall not be paid on account of loss of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
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
Engineer, 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 lieu 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.
ARTICLE 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 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 10.05.E.
B. Owner and Contractor shall participate in the mediation process in 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 10.05.C or a denial pursuant
to Paragraphs 10.05.C.3 or 10.05.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 the intent to submit the Claim to a court of competent
jurisdiction.
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Page 55 of 55
ARTICLE 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 an officer of the corporation for
whom it is intended; or
2. delivered at or sent by registered or certified mail, postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the Contract Documents by days, it will be computed to exclude
the first and include the 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 in any way as a limitation of,
any rights and remedies available to any or all of them which are otherwise imposed or available by Laws
or Regulations, 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, warranties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all continuing obligations indicated in the Contract
Documents, will survive final payment, completion, and acceptance of the Work or termination or
completion of the Contract or 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.
SUPPLEMENTARY CONDITIONS
Page 1
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract, EJCDC C-700 (2007 Edition). All provisions which are not so amended or
supplemented remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings stated in the General
Conditions. Additional terms used in these Supplementary Conditions have the meanings stated
below, which are applicable to both the singular and plural thereof.
The address system used in these Supplementary Conditions is the same as the address system used in
the General Conditions, with the prefix "SC" added thereto.
SC-2.02 Copies of Documents
SC-2.02 Delete Paragraph 2.02.A in its entirety and insert the following in its place:
A. Owner shall furnish to Contractor up to 2 printed or hard copies of the
Drawings and Project Manual and one set in electronic format. Additional
copies will be furnished upon request at the cost of reproduction.
SC-4.02 Subsurface and Physical Conditions
SC-4.02 Delete Paragraphs 4.02.A and 4.02.B in their entirety and insert the following:
A. No reports of explorations or tests of subsurface conditions at or contiguous to
the Site, or drawings of physical conditions relating to existing surface or
subsurface structures at the Site, are known to Owner.
SC-4.05 Reference Points
SC-4.05 Delete Paragraph 4.05 A in its entirety and insert the following:
A. Owner shall provide engineering surveys to establish reference
points and offsets for construction which in Engineer’s judgment are
necessary to enable Contractor to proceed with the Work.
Contractor shall be responsible for laying out the Work, shall
protect and preserve the established reference points, offsets, 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, offsets or
property monument is lost or destroyed or requires relocation
because of necessary changes in grades or locations, and shall be
responsible for the accurate replacement or relocation of such
reference points, offsets, or property monuments by professionally
qualified personnel.
SUPPLEMENTARY CONDITIONS
Page 2
SC-4.06 Hazardous Environmental Conditions
SC-4.06 Delete Paragraphs 4.06.A and 4.06.B in their entirety and insert the following:
A. No reports or drawings related to Hazardous Environmental Conditions at the
Site are known to Owner.
B. Not Used.
SC-5.04 Contractor’s Liability Insurance
SC-5.04 Add the following new paragraph immediately after Paragraph 5.04.B:
C. The limits of liability for the insurance required by Paragraph 5.04 of the
General Conditions shall provide coverage for not less than the following
amounts or greater where required by Laws and Regulations:
1. Workers’ Compensation, and related coverages under Paragraphs
5.04.A.1 and A.2 of the General Conditions:
a. State: Statutory
b. Applicable Federal
(e.g., Longshoreman’s): Statutory
c. Employer’s Liability: $ 500,000
2. Contractor’s General Liability under Paragraphs 5.04.A.3 through
A.6 of the General Conditions which shall include completed
operations and product liability coverages and eliminate the exclusion
with respect to property under the care, custody and control of
Contractor:
a. General Aggregate $1,000,000
b. Products - Completed
Operations Aggregate $ 500,000
c. Personal and Advertising
Injury $1,000,000
d. Each Occurrence
(Bodily Injury and
Property Damage) $1,000,000
e. Property Damage liability insurance will provide
Explosion, Collapse, and Under-ground coverages
where applicable.
f. Excess or Umbrella Liability
General Aggregate $1,000,000
SUPPLEMENTARY CONDITIONS
Page 3
Each Occurrence $1,000,000
3. Automobile Liability under Paragraph 5.04.A.6 of the General
Conditions:
a. Bodily Injury:
Each person $ 500,000
Each accident $1,000,000
b. Property Damage:
Each Accident $500,000
[or]
a. Combined Single Limit of $500,000
4. The Contractual Liability coverage required by Paragraph 5.04.B.4 of
the General Conditions shall provide coverage for not less than the
following amounts:
a. Bodily Injury:
Each person $1.000.000
Each Accident $1.000.000
b. Property Damage:
Each Accident $500.000
Annual Aggregate $500.000
5. The Owner, and Clapsaddle-Garber Associates Inc. shall be
named as additional insured.
SC-5.06 Property Insurance
GC-5.06.A.1 refers to other individuals or entities that are to be identified in SCs as being entitled to protection
as loss payees under the property insurance on the Work. In such cases use the following:
SC-5.06.A.1 Add the following new subparagraph after subparagraph GC-5.06.A.1:
a. In addition to the individuals and entities specified, include as loss
payees the following: The Owner, and Clapsaddle-Garber Associates, Inc.
shall be named as additional insured.
SC-6.06 Concerning Subcontractors, Suppliers, and Others
SC-6.06 Add a new paragraph immediately after Paragraph 6.06.G:
SUPPLEMENTARY CONDITIONS
Page 4
H. Owner may furnish to any Subcontractor or Supplier, to the extent practicable,
information about amounts paid to Contractor on account of Work performed
for Contractor by a particular Subcontractor or Supplier.
SC-6.17 Shop Drawings and Samples
SC-6.17 Add the following new paragraphs immediately after Paragraph 6.17.E:
F. Contractor shall furnish required submittals with sufficient information and
accuracy in order to obtain required approval of an item with no more than
three submittals. Engineer will record Engineer’s time for reviewing
subsequent submittals of Shop Drawings, samples, or other items requiring
approval and Contractor shall reimburse Owner for Engineer’s charges for
such time.
G. In the event that Contractor requests a change of a previously approved item,
Contractor shall reimburse Owner for Engineer’s charges for its review time
unless the need for such change is beyond the control of Contractor.
SC-9.03 Project Representative
As indicated in GC-9.03, in those cases in which the Engineer will provide a Resident Project Representative
(RPR) during construction, the authority and responsibilities of the RPR and any assistants must be specified
in the Supplementary Conditions; thus this is a mandatory Supplementary Condition in such cases. The
following suggested language which parallels the working of Exhibit D to EJCDC E-500, the Standard Form
of Agreement Between Owner and Engineer for Professional Services, should be edited to indicate the RPR
authority and responsibilities that apply to this project:
SC-9.03 Add the following new paragraphs immediately after Paragraph 9.03.A:
B. The Resident Project Representative (RPR) will be Engineer's employee or
agent at the Site, will act as directed by and under the supervision of Engineer,
and will confer with Engineer regarding RPR's actions. RPR's dealings in
matters pertaining to the Work in general shall be with Engineer and
Contractor. RPR's dealings with Subcontractors shall be through or with the
full knowledge and approval of Contractor. The RPR shall:
1. Schedules: Review the progress schedule, schedule of Shop Drawing
and Sample submittals, and schedule of values prepared by Contractor
and consult with Engineer concerning acceptability.
2. Conferences and Meetings: Attend meetings with Contractor, such as
preconstruction conferences, progress meetings, job conferences and
other project-related meetings, and prepare and circulate copies of
minutes thereof.
3. Liaison:
SUPPLEMENTARY CONDITIONS
Page 5
a. Serve as Engineer’s liaison with Contractor, working principally
through Contractor’s authorized representative, assist in providing
information regarding the intent of the Contract Documents.
b. Assist Engineer in serving as Owner’s liaison with Contractor when
Contractor’s operations affect Owner’s on-Site operations.
c. Assist in obtaining from Owner additional details or information,
when required for proper execution of the Work.
4. Interpretation of Contract Documents: Report to Engineer when
clarifications and interpretations of the Contract Documents are needed
and transmit to Contractor clarifications and interpretations as issued by
Engineer.
5. Shop Drawings and Samples:
a. Record date of receipt of Samples and approved Shop Drawings.
b. Receive Samples which are furnished at the Site by Contractor, and
notify Engineer of availability of Samples for examination.
6. Modifications: Consider and evaluate Contractor’s suggestions for
modifications in Drawings or Specifications and report such suggestions,
together with RPR’s recommendations, to Engineer. Transmit to
Contractor in writing decisions as issued by Engineer.
7. Review of Work and Rejection of Defective Work:
a. Conduct on-Site observations of Contractor’s work in progress to
assist Engineer in determining if the Work is in general proceeding
in accordance with the Contract Documents.
b. Report to Engineer whenever RPR believes that any part of
Contractor’s work in progress will not produce a completed Project
that conforms generally to the Contract Documents or will imperil
the integrity of the design concept of the completed Project as a
functioning whole as indicated in the Contract Documents, or has
been damaged, or does not meet the requirements of any inspection,
test or approval required to be made; and advise Engineer of that
part of work in progress that RPR believes should be corrected or
rejected or should be uncovered for observation, or requires special
testing, inspection or approval.
8. Inspections, Tests, and System Startups:
a. Verify that tests, equipment, and systems start-ups and operating and
maintenance training are conducted in the presence of appropriate
Owner’s personnel, and that Contractor maintains adequate records
thereof.
SUPPLEMENTARY CONDITIONS
Page 6
b. Observe, record, and report to Engineer appropriate details relative
to the test procedures and systems start-ups.
9. Records:
a. Record names, addresses, fax numbers, e-mail addresses, web site
locations, and telephone numbers of all Contractors, Subcontractors,
and major Suppliers of materials and equipment.
b. Maintain records for use in preparing Project documentation.
10. Reports:
a. Furnish to Engineer periodic reports as required of progress of the
Work and of Contractor’s compliance with the progress schedule
and schedule of Shop Drawing and Sample submittals.
b. Draft and recommend to Engineer proposed Change Orders, Work
Change Directives, and Field Orders. Obtain backup material from
Contractor.
c. Immediately notify Engineer of the occurrence of any Site accidents,
emergencies, acts of God endangering the Work, damage to property
by fire or other causes, or the discovery of any Hazardous
Environmental Condition.
11. Payment Requests: Review Applications for Payment with Contractor
for compliance with the established procedure for their submission and
forward with recommendations to Engineer, noting particularly the
relationship of the payment requested to the schedule of values, Work
completed, and materials and equipment delivered at the Site but not
incorporated in the Work.
12. Certificates, Operation and Maintenance Manuals: During the course
of the Work, verify that materials and equipment certificates, operation
and maintenance manuals and other data required by the Specifications
to be assembled and furnished by Contractor are applicable to the items
actually installed and in accordance with the Contract Documents, and
have these documents delivered to Engineer for review and forwarding
to Owner prior to payment for that part of the Work.
13. Completion:
a. Participate in a Substantial Completion inspection, assist in the
determination of Substantial Completion and the preparation of lists
of items to be completed or corrected.
b. Participate in a final inspection in the company of Engineer, Owner,
and Contractor and prepare a final list of items to be completed and
deficiencies to be remedied.
SUPPLEMENTARY CONDITIONS
Page 7
c. Observe whether all items on the final list have been completed or
corrected and make recommendations to Engineer concerning
acceptance and issuance of the Notice of Acceptability of the Work.
C. The RPR shall not:
1. Authorize any deviation from the Contract Documents or
substitution of materials or equipment (including “or-equal” items).
2. Exceed limitations of Engineer’s authority as set forth in the
Contract Documents.
3. Undertake any of the responsibilities of Contractor, Subcontractors,
Suppliers, or Contractor’s superintendent.
4. Advise on, issue directions relative to, or assume control over any
aspect of the means, methods, techniques, sequences or procedures
of Contractor’s work unless such advice or directions are
specifically required by the Contract Documents.
5. Advise on, issue directions regarding, or assume control over safety
practices, precautions, and programs in connection with the
activities or operations of Owner or Contractor.
6. Participate in specialized field or laboratory tests or inspections
conducted off-site by others except as specifically authorized by
Engineer.
7. Accept Shop Drawing or Sample submittals from anyone other than
Contractor.
8. Authorize Owner to occupy the Project in whole or in part.
SC-11.03 Unit Price Work
SC-11.03.B Add the following sentence immediately after the last sentence of the
paragraph.
Owner and Engineer reserve the right to adjust quantities.
SC-11.03.D Delete Paragraph 11.03.D in its entirety and insert the following in its place:
D. The unit price of an item of Unit Price Work shall be subject to reevaluation
and adjustment under the following conditions:
1. if the Bid price of a particular item of Unit Price Work amounts to
10 percent or more of the Contract Price and the variation in the quantity
of that particular item of Unit Price Work performed by Contractor differs
by more than 25 percent from the estimated quantity of such item indicated
in the Agreement; and
SUPPLEMENTARY CONDITIONS
Page 8
2. if there is no corresponding adjustment with respect to any other item of
Work; and
3. if Contractor believes that Contractor has incurred additional expense as a
result thereof or if Owner believes that the quantity variation entitles
Owner to an adjustment in the unit price, either Owner or Contractor may
make a Claim for an adjustment in the Contract Price in accordance with
Article 10 if the parties are unable to agree as to the effect of any such
variations in the quantity of Unit Price Work performed.
SC-16.01 Methods and Procedure
As an alternative to the dispute resolution process set forth in the General Conditions (mediation followed by
litigation), the contract could pair final and binding arbitration with mediation. A discussion of the pros and cons
of the arbitration process (and there are many advocates on either side) is beyond the scope of this Guide.
Consultation with the Owner’s legal counsel is highly recommended. Users should also note that they will need
to insert the name of an arbitration agency, such as the American Arbitration Association or the CPR Institute
for Dispute Resolution, in SC-16.02.A. The mediation/arbitration option requires the following:
SC-16.01 Delete Paragraph 16.01.C in its entirety and insert the following in its place:
C. If the Claim is not resolved by mediation, Engineer’s action under Paragraph
10.05.C or a denial pursuant to Paragraphs 10.05.C.3 or 10.05.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 demand arbitration of the Claim, pursuant to
Paragraph SC-16.02; or
2. agrees with the other party to submit the Claim to another dispute
resolution process.
SC-16.02 Add the following new paragraph immediately after Paragraph 16.01.
SC-16.02 Arbitration
A. All Claims or counterclaims, disputes, or other matters in question between
Owner and Contractor arising out of or relating to the Contract Documents or
the breach thereof (except for Claims which have been waived by the making
or acceptance of final payment as provided by Paragraph 14.09) including but
not limited to those not resolved under the provisions of Paragraphs
SC-16.01A and 16.01.B will be decided by arbitration in accordance with the
rules of [insert name of selected arbitration agency], subject to the conditions
and limitations of this Paragraph SC-16.02. This agreement to arbitrate and any
other agreement or consent to arbitrate entered into will be specifically
enforceable under the prevailing law of any court having jurisdiction.
B. The demand for arbitration will be filed in writing with the other party to the
Contract and with the selected arbitrator or arbitration provider, and a copy
SUPPLEMENTARY CONDITIONS
Page 9
will be sent to Engineer for information. The demand for arbitration will be
made within the 30 day period specified in Paragraph SC-16.01.C, and in all
other cases within a reasonable time after the Claim or counterclaim, dispute,
or other matter in question has arisen, and in no event shall any such demand
be made after the date when institution of legal or equitable proceedings based
on such Claim or other dispute or matter in question would be barred by the
applicable statue of limitations.
C. No arbitration arising out of or relating to the Contract Documents shall
include by consolidation, joinder, or in any other manner any other individual
or entity (including Engineer, and Engineer’s consultants and the officers,
directors, partners, agents, employees or consultants of any of them) who is not
a party to this Contract unless:
1. the inclusion of such other individual or entity is necessary if complete
relief is to be afforded among those who are already parties to the
arbitration; and
2. such other individual or entity is substantially involved in a question of
law or fact which is common to those who are already parties to the
arbitration and which will arise in such proceedings.
D. The award rendered by the arbitrator(s) shall be consistent with the agreement
of the parties, in writing, and include: (i) a concise breakdown of the award;
(ii) a written explanation of the award specifically citing the Contract
Document provisions deemed applicable and relied on in making the award.
E. The award will be final. Judgment may be entered upon it in any court having
jurisdiction thereof, and it will not be subject to modification or appeal, subject
to provisions of the Controlling Law relating to vacating or modifying an
arbitral award.
F. The fees and expenses of the arbitrators and any arbitration service shall be
shared equally by Owner and Contractor.
ADMINISTRATIVE PROVISIONS
PAGE 1
ADMINISTRATIVE PROVISIONS
PART 1 GENERAL
1.01 WORK COVERED BY CONTRACT DOCUMENTS
A. Work under this contract includes all work shown on the plans and described in these
specifications.
1.02 AGREEMENT
A. Construction work shall be by one separate unit priced agreement.
1.03 WORK SEQUENCE
A. Work shall be done by the Contractor in accordance with a work schedule and sequence
established by the Contractor. Work shall begin within 10 days of the Owner’s Notice to
Proceed, and work shall proceed continuously until complete.
1.04 CONTRACTOR USE OF PREMISES
A. Limit use of premises to Work and construction operations, to allow for public access.
B. Coordinate use of premises under direction of ENGINEER>
1.05 APPLICATION FOR PAYMENT
A. Submit each application using the payment items listed in the Proposal.
1.06 COORDINATION
A. Coordinate Work of various sections of Specifications to assure efficient and orderly
sequence of installation of construction elements, with provisions for accommodating items
installed later.
B. Verify characteristics of elements of interrelated operating equipment are compatible;
coordinate Work of various sections having interdependent responsibilities for installing,
connecting to, and placing in service, such equipment.
C. Execute cutting and patching to integrate elements of Work, uncover ill-timed, defective,
and nonconforming work, provide openings for penetrations of existing surfaces, and
provide samples for testing.
1.07 FIELD ENGINEERING
A. Contractors shall be responsible for the layout of Work including setting exact grades,
lines, and levels from Engineer provided offsets so that Work can be done in accordance
with the plans.
B. Control datum survey will be established by the OWNER. The OWNER will establish
horizontal and vertical control through the project by locating control points and setting
elevations at control points.
ADMINISTRATIVE PROVISIONS
PAGE 2
1.08 BUILDING CODES AND PERMITS
A. CONTRACTOR shall obtain and pay for all construction permits and licenses. OWNER
shall assist CONTRACTOR, when necessary, in obtaining such permits and licenses.
B. Pay all government charges and inspection fees necessary for prosecution of Work, which
are applicable at time of opening of Bids. Pay all charges of utility service companies for
connections to Work. OWNER will pay all charges of such companies for capital costs
related thereto.
C. Give all notices and comply with all laws, ordinances, building and construction codes,
rules, and regulations applicable to Work. If CONTRACTOR observes that Specifications
or Drawings are at variance therewith, give ENGINEER prompt written notice thereof, and
any necessary changes shall be adjusted by appropriate Modification.
D. If CONTRACTOR performs any Work knowing or having reason to know that it is
contrary to such laws, ordinances, rules, and regulations, and without such notice to
ENGINEER, CONTRACTOR shall bear all costs arising therefrom; however, it shall not
be CONTRACTOR’S primary responsibility to make certain that Specifications and
Drawings are in accordance with such laws, ordinances, rules, and regulations.
1.09 TAXES
A. Pay all sales, consumer, use and other similar taxes required to be paid by it in accordance
with law of place of Project.
1.10 JOB SITE ADMINISTRATION
A. CONTRACTOR shall provide competent, suitably qualified personnel to lay out Work and
perform construction as required by Contract Documents. CONTRACTOR shall at all
times maintain good discipline and order at site.
B. Except in connection with safety or protection of persons or Work or property at site or
adjacent thereto, and except as otherwise indicated in Contract Documents, all Work at site
shall be performed during regular working hours, and CONTRACTOR shall not perform
work outside of normal working hours without written authorization from owner.
C. Incompetent or incorrigible employees shall be dismissed from Work by CONTRACTOR
or its representative when requested by ENGINEER, and such persons shall not again be
permitted to return to Work without written consent of ENGINEER.
D. Workmanship shall be of best quality.
1.11 COPIES OF DRAWINGS AND PROJECT MANUALS
A. After Notice of Award, CONTRACTOR may obtain, at no charge, maximum of 5 complete
sets of full-size Drawings, as listed in project manual, and 5 sets of project manuals.
Unless digital files are supplied. (See Supplementary Conditions)
B. Additional copies of project manuals and full-size Drawings may be obtained under
following conditions:
1. Project Manuals:
a. Furnished at ENGINEER’S reproduction cost plus handling charge.
b. If CONTRACTOR’S requirement for additional project manuals necessitates
reprinting of project manuals, CONTRACTOR shall pay entire cost of such
reprinting.
c. Partial sets of project manuals will not be provided.
ADMINISTRATIVE PROVISIONS
PAGE 3
2. Full-size Drawings:
a. Complete sets of full-size Drawings may be purchased from ENGINEER at
ENGINEER’S reproduction cost plus handling charge per set.
b. Complete sets of reproducible prints of full-size Drawings may be purchased from
ENGINEER at ENGINEER’S reproduction cost plus handling charge per set.
C. Revised Drawings and project manuals, if required, will be provided by ENGINEER to
show authorized changes or extra Work under following conditions:
1. Project Manuals: Furnished at no charge, in same quantity as original issuance.
2. Full-size Drawings:
a. One revised, complete set of full-size Drawings will be issued, at no charge, for
each full-size set originally issued.
b. One revised, complete set of full-size Drawings will be issued, at no charge, for
each full-size set originally issued, and for each full-size set purchased by
CONTRACTOR after Notice of Award, up to 4 copies maximum.
c. One full-size reproducible set will be issued to accommodate fifth and subsequent
sets purchased by CONTRACTOR. CONTRACTOR shall use reproducible set to
complete printing for additional Drawings in its possession.
1.12 REFERENCE STANDARDS
A. For products specified by association or trade standards, comply with requirements of
standard, except when more rigid requirements are specified or are required by applicable
codes.
B. Date of standard is that in effect as of Bid date, or date of Agreement when there are no
Bids, except when specific date is specified.
C. When required by individual Specifications Section, obtain copy of standard. Maintain
copy at job site during submittals, planning, and progress of specific work, until Substantial
Completion.
D. Abbreviations used in Drawings and Specifications are as specified in ANSI Y1.1 and
IEEE 260.
1.13 SCHEDULE OF REFERENCES
A. AASHTO – American Association of State Highway and Transportation Officials.
B. ASTM – American Society for Testing and Materials.
C. OSHA – Occupational Safety and Health Administration.
D. IDOT – Iowa Department of Transportation
1.14 QUALITY CONTROL, GENERAL
A. Maintain quality control over suppliers, manufacturers, products, services, Site conditions,
and workmanship, to produce Work of specified quality.
1.15 WORKMANSHIP
A. Comply with industry standards except when more restrictive tolerances or specified
requirements indicate more rigid standards or more precise workmanship.
B. Perform Work by persons qualified to produce workmanship of specified quality.
ADMINISTRATIVE PROVISIONS
PAGE 4
C. Secure products in place with positive anchorage devices designed and sized to withstand
stresses, vibration, and racking.
1.16 MANUFACTURERS’ INSTRUCTIONS
A. Comply with instructions in full detail, including each step in sequence. Should instructions
conflict with Contract Documents, request clarification from ENGINEER before proceeding.
1.17 MANUFACTURERS’ CERTIFICATES
A. When required by individual Specifications section, submit manufacturer’s certificate, in
duplicate, that products meet or exceed specified requirements.
1.18 CLOSEOUT PROCEDURES
A. Comply with procedures stated in General Conditions of Contract for issuance of Certificate
of Substantial Completion.
B. When CONTRACTOR considers Work has reached final completion, submit written
certification that Contract Documents have been reviewed, Work has been inspected, and
that Work is complete in accordance with Contract Documents and ready for ENGINEER’S
inspection.
C. In addition to submittals required by conditions of Agreement, provide submittals required
by governing authorities, and submit final statement of accounting giving total adjusted
Contract Price, previous payments, and sum remaining due.
D. ENGINEER will issue final change order reflecting approved adjustments to Contract Price
not previously made by Change Order.
1.19 FINAL CLEANING
A. Execute prior to final inspection.
B. Clean site; sweep paved areas, rake clean other surfaces.
C. Remove waste and surplus materials, rubbish, and construction facilities from Project and
from site.
1.20 PROJECT RECORD DOCUMENTS
A. Store documents separate from those used for construction.
B. Keep documents current; do not permanently conceal any Work until required information
has been recorded.
C. At Contract closeout, submit documents with transmittal letter containing date, Project title,
CONTRACTOR’S name and address, list of documents, and signature of CONTRACTOR.
END OF SECTION
SUBMITTALS
PAGE 1
SUBMITTALS
PART 1 GENERAL
1.01 PROCEDURES
A. Deliver submittals to:
Clapsaddle-Garber Associates, Inc.
739 Park Avenue
Ackley, IA 50601
(or)
Electronically via email (to the Engineer listed in the Instructions to Bidder)
B. Transmit each item under Shop Drawing Transmittal Form, bound herein. Identify
Project, CONTRACTOR, Subcontractor, major supplier; identify pertinent Drawing
sheet and detail number, and Specification section number, as appropriate. Identify
deviations from Contract Documents. Provide space for CONTRACTOR and
ENGINEER review stamps on each item.
C. Submit initial progress schedules and schedule of values in duplicate within 15 days
after award of contract. After review by ENGINEER revise and resubmit as
required. Submit revised schedules with each Application for Payment, reflecting
changes since previous submittal.
D. Comply with progress schedule for submittals related to Work progress. Coordinate
submittal of related items.
E. Notify ENGINEER in writing, at time of submission, of any deviations in submittals
from requirements of Contract Documents. Any such deviations permitted by
ENGINEER will require modifications of Contract Documents.
F. Begin no fabrication or Work which requires submittals until return of submittals by
ENGINEER with ENGINEER stamp, as either “Reviewed” or “Reviewed as Noted.”
G. After ENGINEER review of submittal, revise and resubmit as required, identifying
changes made since previous submittal.
H. Distribute reproductions of Shop Drawings which carry ENGINEER stamp as either
“Reviewed” or “Reviewed as Noted” to:
1. Job site file.
2. Record documents file.
3. Subcontractors.
I. Distribute Samples which carry ENGINEER stamp as either “Reviewed” or
“Reviewed as Noted” as directed by ENGINEER.
1.02 CONSTRUCTION PROGRESS SCHEDULES
A. Submit horizontal bar chart with separate bar for each major trade or operation,
identifying first work day of each week.
SUBMITTALS
PAGE 2
B. Show complete sequence of construction by activity, identifying work of separate
stages and other logically grouped activities. Show projected percentage of
completion for each item of Work as of time of each progress Application for
Payment.
C. Show submittal dates required for Shop Drawings, Product Data, and Samples, and
Product delivery dates, including those furnished by OWNER and those under
Allowances.
1.03 SCHEDULE OF VALUES
A. Submit typed schedule on 8 ½” x 11” paper; CONTRACTOR’s standard form or
media-driven printout will be considered on request.
B. Format: Table of Contents of this Project Manual. Identify each line item with
number and title of the major Specifications sections.
C. Include in each line item a directly proportional amount of CONTRACTOR’s
overhead and profit.
D. Revise schedule to list change orders, for each application for payment.
1.04 SAFTEY PROCEDURES MANUAL
A. CONTRACTOR shall prepare and submit to OWNER safety procedures manual
defining CONTRACTOR’s safety program for work on site. Manual shall include:
1. Safety responsibilities of CONTRACTOR’s personnel.
2. Description of CONTRACTOR’s safety program.
3. Requirements of use of personal protective equipment.
4. General safety-related rules of conduct.
5. Fire prevention measures.
6. Accident reporting procedures.
7. Procedures for hot work (welding, cutting, etc.), overhead work, and work in
enclosed, confined spaces (tank, boiler, etc.).
1.05 SHOP DRAWINGS
A. Shop Drawings shall be presented in clear and thorough manner, complete with
respect to dimensions, design criteria, materials of construction, and like information
to enable ENGINEER to review information as required. Details shall be identified
by reference to sheet and detail shown on Drawings.
B. Minimum sheet size 8 ½” x 11”
C. Make submittals to ENGINEER promptly in accordance with approved schedule, and
in such sequence as to cause no delay in Work on in work of any other contractor.
D. Shop Drawings:
1. Submit one opaque reproducible copy of each Shop Drawing.
SUBMITTALS
PAGE 3
2. Shop Drawings not larger than 11” x 17”, copies of Drawing submitted shall
be black line on white background. Electronic submittals will not be
accepted.
3. ENGINEER will reproduce additional copies of Shop Drawings as required
for distribution.
4. ENGINEER will scan Shop Drawings. All Shop Drawings shall be suitable
for scanning to PDF. Shop Drawings submitted which are not suitable for
scanning will not be reviewed.
5. If CONTRACTOR will not grant permission for ENGINEER to reproduce
Shop Drawings, CONTRACTOR shall submit 5 copies of each Shop
Drawing.
6. For Shop Drawings larger than 11” x 17”, printed catalog information or
brochures, or other multiple page documents, submit 5 copies of each Shop
Drawing.
E. Reproducible copies of Shop Drawings, if request herein:
1. Submit PDF, or equal, reproducible electronic file. Vellum, sepias, mylar or
other nonpermanent reproducible prints are not acceptable.
2. Reproducible copies of Shop Drawings shall show “as built” conditions of
equipment and shall show field modifications required during installation.
3. CONTRACTOR will provide marked-up print of application Shop Drawings
showing field modifications made during installation, within 7 days after it
has sufficient information to prepare same.
F. Submittals shall contain:
1. Date of submission and dates of any previous submissions.
2. Project title and number.
3. Contract identification.
4. Names of:
A. CONTRACTOR.
B. Supplier.
C. Manufacturer.
5. Identification of product, with Specification section number.
6. Field dimensions, clearly identified as such.
7. Relation to adjacent or critical features of Work or materials.
8. Applicable standards, such as ASTM or Federal Specification numbers.
9. Identification of deviations from Contract Documents.
10. Identification of revisions on resubmittals.
11. An 8” x 3” blank space for CONTRACTOR and ENGINEER stamps.
12. Indication of CONTRACTOR’s approval, initialed or signed, with wording
substantially as follows:
“CONTRACTOR represents to OWNER and ENGINEER
that CONTRACTOR has either determined and verified all
quantities, dimensions, field construction criteria, materials,
catalog numbers, and similar data, or assumes full
responsibility for doing so and has reviewed or coordinated
each Shop Drawing Sample with requirements of Work and
Contract Documents.”
13. Shop Drawing Transmittal Form is bound herein.
SUBMITTALS
PAGE 4
CONTRACTOR shall reproduce any additional copies required and use in
accordance with instructions given with Transmittal Form. CONTRACTOR
shall submit 1 copy of Transmittal Form for initial submittals and
resubmittals.
G. Resubmission requirements: Make any corrections or changes in submittals required
by ENGINEER and resubmit until stamped as either “Reviewed” or “Reviewed as
Noted”
by ENGINEER. Indicate any changes which have been made other than those
requested by ENGINEER.
1.06 ENGINEER DUTIES
A. Review required submittals with reasonable promptness and in accord with schedule,
only for general conformance to design concept of Project and compliance with
information given in Contract Documents. Review shall not extend to means,
methods, sequences, techniques, or procedures of construction or to safety
precautions or program incident thereto. Review of a separate item as such will not
indicate approval of assembly in which item functions.
B. Affix stamp and initials or signature, and indicate requirements for resubmittal, or
review of submittal. ENGINEER’s action on submittals is classified as follows:
1. Reviewed: Submittal has been reviewed and appears to be in conformance
to design concept of Project and Contract Documents. CONTRACTOR may
proceed with fabrication of Work detailed in submittal.
2. Reviewed As Noted: Submittal has been reviewed and appears to be in
conformance to design concept of Project and Contract Documents, except as
noted by ENGINEER. CONTRACTOR may proceed with fabrication of
Work detailed in submittal with modifications and corrections as indicated
by ENGINEER.
3. Resubmit: Submittal has been reviewed and appears not to be in
conformance to design concept of Project or Contract Documents.
CONTRACTOR shall not proceed with fabrication of Work detailed in
submittal, but instead shall make any corrections required by ENGINEER
and resubmit for review.
4. Returned: Submittal has not been reviewed because lacking
CONTRACTOR’s approval stamp or signature or because otherwise
substantially contrary to design concept of the Project or Contract
Documents. CONTRACTOR shall not proceed with fabrication of Work as
detailed in submittal but instead shall cure defects and resubmit for review, if
required by Contract Documents.
C. Return submittals to CONTRACTOR.
D. ENGINEER’s review of submittals shall not relieve CONTRACTOR from
responsibility for any deviations from Contract Documents unless CONTRACTOR
has, in writing, called ENGINEER’s attention to such deviation at time of
submission, and ENGINEER has given written concurrence pursuant to Contract
Documents to specific deviation, nor shall any concurrence by ENGINEER relieve
CONTRACTOR from responsibility for errors or omissions in submittals.
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PAGE 1
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PART 1 GENERAL
1.01 WATER
A. Provide service required for construction operations. Extend branch piping with outlets
located so that water is available by use of hoses.
1.02 SANITARY FACILITIES
A. Provide and maintain required facilities and enclosures.
1.03 BARRIERS
A. Provide as required to prevent public entry to construction areas and to protect existing
facilities and adjacent properties from damage from construction operations.
B. Provide barricades and covered walkways as required by governing authorities for public
rights-of-way and for public access.
C. Provide barriers around trees and plants designated to remain. Protect against vehicular
traffic, stored materials, dumping, chemically injurious materials, and puddling or
continuous running water.
1.04 SECURITY
A. Provide Security program and facilities to protect, Work, and from unauthorized entry,
vandalism, and theft. Coordinate with OWNER’s security program.
1.05 WATER CONTROL
A. Grade site to drain. Maintain excavations free of water. Provide and operate pumping
equipment.
1.06 CLEANING DURING CONSTRUCTION
A. Control accumulation of waste materials and rubbish; periodically dispose of off-site.
1.07 FIELD OFFICES AND SHEDS
A. Office
1. Weathertight, with lightning, electrical outlets, heating, cooling, and ventilating
equipment, and equipped with furniture.
2. Provide, in addition, space for Project meetings, with table and chairs to
accommodate 6 persons.
B. Storage sheds, for tools, materials, and equipment: Weathertight, with ventilation for
Products requiring controlled conditions, with adequate space for organized storage and
access, and lighting for inspection of stored materials.
1.08 REMOVAL
A. Remove temporary materials, equipment, services, and construction prior to Substantial
Completion inspection.
B. Clean and repair damage caused by installation or use of temporary facilities. Remove
Underground installations to a depth of 2’; grade site as indicated.
C. Restore existing facilities used during construction to specified, or to original, condition.
CONSTRUCTION FACILITIES AND TEMPORARY CONTROLS
PAGE 2
THIS PAGE LEFT BLANK INTENTIONALLY
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 7
SAMPLE FORM OF AGREEMENT
BETWEEN OWNER AND CONTRACTOR
Date:________________
THIS AGREEMENT is by and between
(“Owner”) and
(“Contractor”).
Owner and Contractor hereby agree as follows:
ARTICLE 1 – WORK
1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is
generally described as follows:
ARTICLE 2 – THE PROJECT
2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is
generally described as follows:
ARTICLE 3 – ENGINEER
3.01 The Project has been designed by, which is to act as Owner’s representative, assume all duties and
responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in
connection with the completion of the Work in accordance with the Contract Documents.
ARTICLE 4 – CONTRACT TIMES
4.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final
payment as stated in the Contract Documents are of the essence of the Contract.
4.02 Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before , and completed and ready for final
payment in accordance with Paragraph 14.07 of the General Conditions on or before .
4.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that
Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph
4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General
Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a
legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time.
Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated
damages for delay (but not as a penalty), Contractor shall pay Owner $ for each day that expires
after the time specified in Paragraph 4.02 above for Substantial Completion until the Work is
substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 2 of 7
complete the remaining Work within the Contract Time or any proper extension thereof granted by
Owner, Contractor shall pay Owner $ for each day that expires after the time specified in
Paragraph 4.02 above for completion and readiness for final payment until the Work is completed and
ready for final payment.
ARTICLE 5 – CONTRACT PRICE
5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an
amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A,
5.01.B, and 5.01.C below:
All specific cash allowances are included in the above price in accordance with Paragraph 11.02 of the
General Conditions.
A. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately
identified item of Unit Price Work times the actual quantity of that item:
UNIT PRICE WORK
Item
No.
Description
Unit
Estimated
Quantity
Bid Unit
Price
Bid Price
Total of all Bid Prices (Unit Price Work)
$
The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are based on
estimated quantities. As provided in Paragraph 11.03 of the General Conditions, estimated quantities
are not guaranteed, and determinations of actual quantities and classifications are to be made by
Engineer as provided in Paragraph 9.07 of the General Conditions.
B. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit.
ARTICLE 6 – PAYMENT PROCEDURES
6.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
6.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor’s
Applications for Payment on or about the day of each month during performance of the Work as
provided in Paragraph 6.02.A.1 below. All such payments will be measured by the schedule of values
established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price
Work based on the number of units completed) or, in the event there is no schedule of values, as
provided in the General Requirements.
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously made and
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 3 of 7
less such amounts as Engineer may determine or Owner may withhold, including but not limited to
liquidated damages, in accordance with Paragraph 14.02 of the General Conditions.
a. percent of Work completed (with the balance being retainage). If the Work has been 50
percent completed as determined by Engineer, and if the character and progress of the Work
have been satisfactory to Owner and Engineer, then as long as the character and progress of the
Work remain satisfactory to Owner and Engineer, there will be no additional retainage; and
b. percent of cost of materials and equipment not incorporated in the Work (with the
balance being retainage).
B. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to
Contractor to percent of the Work completed, less such amounts as Engineer shall determine in
accordance with Paragraph 14.02.B.5 of the General Conditions and less percent of Engineer’s
estimate of the value of Work to be completed or corrected as shown on the tentative list of items to be
completed or corrected attached to the certificate of Substantial Completion.
6.03 Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General
Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as
provided in said Paragraph 14.07.
ARTICLE 7 – INTEREST
7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at
the rate of percent per annum.
ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS
8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all drawings of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities), if any, that have been identified in
Paragraph SC-4.02 of the Supplementary Conditions as containing reliable "technical data," and (2)
reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been
identified in Paragraph SC-4.06 of the Supplementary Conditions as containing reliable "technical
data."
E. Contractor has considered the information known to Contractor; information commonly known to
contractors doing business in the locality of the Site; information and observations obtained from visits
to the Site; the Contract Documents; and the Site-related reports and drawings identified in the Contract
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 4 of 7
Documents, with respect to the effect of such information, observations, and documents on (1) the cost,
progress, and performance of the Work; (2) the means, methods, techniques, sequences, and procedures
of construction to be employed by Contractor, including any specific means, methods, techniques,
sequences, and procedures of construction expressly required by the Contract Documents; and (3)
Contractor’s safety precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not
consider that further examinations, investigations, explorations, tests, studies, or data are necessary for
the performance of the Work at the Contract Price, within the Contract Times, and in accordance with
the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the Site that
relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that
Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is
acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the Work.
ARTICLE 9 – CONTRACT DOCUMENTS
9.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to __, inclusive).
2. Performance bond (pages to , inclusive).
3. Payment bond (pages to , inclusive).
4. General Conditions (pages to , inclusive).
5. Supplementary Conditions (pages to , inclusive).
6. Specifications as listed in the table of contents of the Project Manual.
7. Drawings consisting of sheets.
8. Addenda (numbers to , inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. Contractor’s Bid (pages to , inclusive).
b. Documentation submitted by Contractor prior to Notice of Award (pages to ,
inclusive).
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 5 of 7
10. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a. Notice to Proceed (pages to , inclusive).
b. Work Change Directives.
c. Change Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph
3.04 of the General Conditions.
ARTICLE 10 – MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but
without limitation, moneys that may become due and moneys that are due may not be assigned without
such consent (except to the extent that the effect of this restriction may be limited by law), and unless
specifically stated to the contrary in any written consent to an assignment, no assignment will release or
discharge the assignor from any duty or responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the
other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding
upon Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such
stricken provision or part thereof with a valid and enforceable provision that comes as close as possible
to expressing the intention of the stricken provision.
10.05 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in
competing for or in executing the Contract. For the purposes of this Paragraph 10.05:
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 6 of 7
1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value likely to
influence the action of a public official in the bidding process or in the Contract execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the
bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or
Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free
and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or without
the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive
levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or their
property to influence their participation in the bidding process or affect the execution of the
Contract.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 7 of 7
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been delivered to
Owner and Contractor. All portions of the Contract Documents have been signed or have been identified by Owner
and Contractor or on their behalf.
This Agreement will be effective on (which is the Effective Date of the Agreement).
OWNER:
CONTRACTOR
By:
By:
Title:
Title:
(If Contractor is a corporation, a partnership, or a
joint venture, attach evidence of authority to sign.)
Attest:
Attest:
Title:
Title:
Address for giving notices:
Address for giving notices:
License No.:
(If Owner is a corporation, attach evidence
of authority to sign. If Owner is a public body, attach
evidence of authority to sign and resolution or other
documents authorizing execution
of this Agreement.)
Agent for service of process:
EJCDC C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 2
BID BOND
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
BID
Bid Due Date:
Description (Project Name and Include Location):
BOND
Bond Number:
Date (Not earlier than Bid due date):
Penal sum
$
(Words)
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this
Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER
SURETY
(Seal)
(Seal)
Bidder’s Name and Corporate Seal
Surety’s Name and Corporate Seal
By:
By:
Signature
Signature (Attach Power of Attorney)
Print Name
Print Name
Title
Title
Attest:
Attest:
Signature
Signature
Title
Title
EJCDC C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 2
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,
and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of
the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this
Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1 Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or
any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding
Documents and any performance and payment bonds required by the Bidding Documents, or
3.2 All Bids are rejected by Owner, or
3.3 Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of
Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award
including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written
consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due
date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United
States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective
upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and
deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at
length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
EJCDC C-610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 3
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
SURETY (Name, and Address of Principal Place of Business):
OWNER (Name and Address):
CONTRACT
Effective Date of Agreement:
Amount:
Description (Name and Location):
BOND
Bond Number:
Date (Not earlier than Effective Date of
Agreement):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
SURETY
(Seal)
(Seal)
Contractor's Name and Corporate Seal
Surety’s Name and Corporate Seal
By:
By:
Signature
Signature (Attach Power of Attorney)
Print Name
Print Name
Title
Title
Attest:
Attest:
Signature
Signature
Title
Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
EJCDC C-610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 3
Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner for the performance of the Contract, which is incorporated herein by
reference.
1. If Contractor performs the Contract, Surety and Contractor have no obligation under this Bond, except to
participate in conferences as provided in Paragraph 2.1.
2. If there is no Owner Default, Surety’s obligation under this Bond shall arise after:
2.1 Owner has notified Contractor and Surety, at the addresses described in Paragraph 9 below, that
Owner is considering declaring a Contractor Default and has requested and attempted to arrange a
conference with Contractor and Surety to be held not later than 15 days after receipt of such notice
to discuss methods of performing the Contract. If Owner, Contractor, and Surety agree, Contractor
shall be allowed a reasonable time to perform the Contract, but such an agreement shall not waive
Owner’s right, if any, subsequently to declare a Contractor Default; and
2.2 Owner has declared a Contractor Default and formally terminated Contractor’s right to complete
the Contract. Such Contractor Default shall not be declared earlier than 20 days after Contractor
and Surety have received notice as provided in Paragraph 2.1; and
2.3 Owner has agreed to pay the Balance of the Contract Price to:
1. Surety in accordance with the terms of the Contract; or
2. Another contractor selected pursuant to Paragraph 3.3 to perform the Contract.
3. When Owner has satisfied the conditions of Paragraph 2, Surety shall promptly, and at Surety’s expense,
take one of the following actions:
3.1 Arrange for Contractor, with consent of Owner, to perform and complete the Contract; or
3.2 Undertake to perform and complete the Contract itself, through its agents or through independent
contractors; or
3.3 Obtain bids or negotiated proposals from qualified contractors acceptable to Owner for a contract
for performance and completion of the Contract, arrange for a contract to be prepared for execution
by Owner and contractor selected with Owner’s concurrence, to be secured with performance and
payment bonds executed by a qualified surety equivalent to the bonds issued on the Contract, and
pay to Owner the amount of damages as described in Paragraph 5 in excess of the Balance of the
Contract Price incurred by Owner resulting from Contractor Default; or
3.4 Waive its right to perform and complete, arrange for completion, or obtain a new contractor, and
with reasonable promptness under the circumstances:
1. After investigation, determine the amount for which it may be liable to Owner and, as soon as
practicable after the amount is determined, tender payment therefor to Owner; or
2. Deny liability in whole or in part and notify Owner citing reasons therefor.
4. If Surety does not proceed as provided in Paragraph 3 with reasonable promptness, Surety shall be
deemed to be in default on this Bond 15 days after receipt of an additional written notice from Owner to
Surety demanding that Surety perform its obligations under this Bond, and Owner shall be entitled to enforce
any remedy available to Owner. If Surety proceeds as provided in Paragraph 3.4, and Owner refuses the
payment tendered or Surety has denied liability, in whole or in part, without further notice Owner shall be
entitled to enforce any remedy available to Owner.
5. After Owner has terminated Contractor’s right to complete the Contract, and if Surety elects to act under
Paragraph 3.1, 3.2, or 3.3 above, then the responsibilities of Surety to Owner shall not be greater than those
of Contractor under the Contract, and the responsibilities of Owner to Surety shall not be greater than those
of Owner under the Contract. To the limit of the amount of this Bond, but subject to commitment by Owner
of the Balance of the Contract Price to mitigation of costs and damages on the Contract, Surety is obligated
without duplication for:
EJCDC C-610 Performance Bond
Prepared by the Engineers Joint Contract Documents Committee.
Page 3 of 3
5.1 The responsibilities of Contractor for correction of defective Work and completion of the Contract;
5.2 Additional legal, design professional, and delay costs resulting from Contractor’s Default, and
resulting from the actions of or failure to act of Surety under Paragraph 3; and
5.3 Liquidated damages, or if no liquidated damages are specified in the Contract, actual damages
caused by delayed performance or non-performance of Contractor.
6. Surety shall not be liable to Owner or others for obligations of Contractor that are unrelated to the
Contract, and the Balance of the Contract Price shall not be reduced or set off on account of any such
unrelated obligations. No right of action shall accrue on this Bond to any person or entity other than Owner
or its heirs, executors, administrators, or successors.
7. Surety hereby waives notice of any change, including changes of time, to Contract or to related
subcontracts, purchase orders, and other obligations.
8. Any proceeding, legal or equitable, under this Bond may be instituted in any court of competent
jurisdiction in the location in which the Work or part of the Work is located, and shall be instituted within
two years after Contractor Default or within two years after Contractor ceased working or within two years
after Surety refuses or fails to perform its obligations under this Bond, whichever occurs first. If the
provisions of this paragraph are void or prohibited by law, the minimum period of limitation available to
sureties as a defense in the jurisdiction of the suit shall be applicable.
9. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the address shown on the signature
page.
10. When this Bond has been furnished to comply with a statutory requirement in the location where the
Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory bond and not as a common
law bond.
11. Definitions.
11.1 Balance of the Contract Price: The total amount payable by Owner to Contractor under the
Contract after all proper adjustments have been made, including allowance to Contractor of any
amounts received or to be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper payments made to or on
behalf of Contractor under the Contract.
11.2 Contract: The agreement between Owner and Contractor identified on the signature page,
including all Contract Documents and changes thereto.
11.3 Contractor Default: Failure of Contractor, which has neither been remedied nor waived, to perform
or otherwise to comply with the terms of the Contract.
11.4 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor
as required by the Contract or to perform and complete or otherwise comply with the other terms
thereof.
EJCDC No. C-610 (2002 Edition)
Prepared by the Engineers Joint Contract Documents Committee and endorsed
By the Associated General Contractors of America and the Construction Specifications Institute.
THIS PAGE LEFT BLANK INTENTIONALLY
SAMPLE
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address): SURETY (Name, and Address of Principal Place of
Business):
OWNER (Name and Address):
CONTRACT
Effective Date of Agreement:
Amount:
Description (Name and Location):
BOND
Bond Number:
Date (Not earlier than Effective Date of
Agreement):
Amount:
Modifications to this Bond Form:
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each
cause this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL SURETY
(Seal) (Seal)
Contractor's Name and Corporate Seal Surety’s Name and Corporate Seal
By: By:
Signature Signature (Attach Power of Attorney)
Print Name Print Name
Title Title
Attest: Attest:
Signature Signature
Title Title
Note: Provide execution by additional parties, such as joint venturers, if necessary.
{MW001504;1} EJCDC C-615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 3
SAMPLE
1. Contractor and Surety, jointly and severally, bind themselves, their heirs, executors, administrators,
successors, and assigns to Owner to pay for labor, materials, and equipment furnished by Claimants for use
in the performance of the Contract, which is incorporated herein by reference.
2. With respect to Owner, this obligation shall be null and void if Contractor:
2.1 Promptly makes payment, directly or indirectly, for all sums due Claimants, and
2.2 Defends, indemnifies, and holds harmless Owner from all claims, demands, liens, or suits alleging
non-payment by Contractor by any person or entity who furnished labor, materials, or equipment
for use in the performance of the Contract, provided Owner has promptly notified Contractor and
Surety (at the addresses described in Paragraph 12) of any claims, demands, liens, or suits and
tendered defense of such claims, demands, liens, or suits to Contractor and Surety, and provided
there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if Contractor promptly makes payment,
directly or indirectly, for all sums due.
4. Surety shall have no obligation to Claimants under this Bond until:
4.1 Claimants who are employed by or have a direct contract with Contractor have given notice to
Surety (at the address described in Paragraph 12) and sent a copy, or notice thereof, to Owner,
stating that a claim is being made under this Bond and, with substantial accuracy, the amount of the
claim.
4.2 Claimants who do not have a direct contract with Contractor:
1. Have furnished written notice to Contractor and sent a copy, or notice thereof, to Owner, within
90 days after having last performed labor or last furnished materials or equipment included in the
claim stating, with substantial accuracy, the amount of the claim and the name of the party to
whom the materials or equipment were furnished or supplied, or for whom the labor was done or
performed; and
2. Have either received a rejection in whole or in part from Contractor, or not received within 30
days of furnishing the above notice any communication from Contractor by which Contractor had
indicated the claim will be paid directly or indirectly; and
3. Not having been paid within the above 30 days, have sent a written notice to Surety (at the
address described in Paragraph 12) and sent a copy, or notice thereof, to Owner, stating that a
claim is being made under this Bond and enclosing a copy of the previous written notice
furnished to Contractor.
5. If a notice by a Claimant required by Paragraph 4 is provided by Owner to Contractor or to Surety, that is
sufficient compliance.
6. Reserved.
7. Surety’s total obligation shall not exceed the amount of this Bond, and the amount of this Bond shall be
credited for any payments made in good faith by Surety.
8. Amounts owed by Owner to Contractor under the Contract shall be used for the performance of the
Contract and to satisfy claims, if any, under any performance bond. By Contractor furnishing and Owner
accepting this Bond, they agree that all funds earned by Contractor in the performance of the Contract are
dedicated to satisfy obligations of Contractor and Surety under this Bond, subject to Owner’s priority to use
the funds for the completion of the Work.
9. Surety shall not be liable to Owner, Claimants, or others for obligations of Contractor that are unrelated
to the Contract. Owner shall not be liable for payment of any costs or expenses of any Claimant under this
Bond, and shall have under this Bond no obligations to make payments to, give notices on behalf of, or
otherwise have obligations to Claimants under this Bond.
{MW001504;1} EJCDC C-615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 3
SAMPLE
10. Surety hereby waives notice of any change, including changes of time, to the Contract or to related
subcontracts, purchase orders, and other obligations.
11. No suit or action shall be commenced by a Claimant under this Bond other than in a court of competent
jurisdiction in the location in which the Work or part of the Work is located or after the expiration of one
year from the date (1) on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph 4.2.3,
or (2) on which the last labor or service was performed by anyone or the last materials or equipment were
furnished by anyone under the Contract, whichever of (1) or (2) first occurs. If the provisions of this
paragraph are void or prohibited by law, the minimum period of limitation available to sureties as a defense
in the jurisdiction of the suit shall be applicable.
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the addresses shown on the
signature page. Actual receipt of notice by Surety, Owner, or Contractor, however accomplished, shall be
sufficient compliance as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement in the location where the
Contract was to be performed, any provision in this Bond conflicting with said statutory requirement shall be
deemed deleted herefrom and provisions conforming to such statutory requirement shall be deemed
incorporated herein. The intent is that this Bond shall be construed as a statutory Bond and not as a common
law bond.
14. Upon request of any person or entity appearing to be a potential beneficiary of this Bond, Contractor
shall promptly furnish a copy of this Bond or shall permit a copy to be made.
15. Definitions
15.1 Claimant: An individual or entity having a direct contract with Contractor, or with a first-tier
subcontractor of Contractor, to furnish labor, materials, or equipment for use in the performance of
the Contract. The intent of this Bond shall be to include without limitation in the terms “labor,
materials or equipment” that part of water, gas, power, light, heat, oil, gasoline, telephone service,
or rental equipment used in the Contract, architectural and engineering services required for
performance of the Work of Contractor and Contractor’s subcontractors, and all other items for
which a mechanic’s lien may be asserted in the jurisdiction where the labor, materials, or
equipment were furnished.
15.2 Contract: The agreement between Owner and Contractor identified on the signature page,
including all Contract Documents and changes thereto.
15.3 Owner Default: Failure of Owner, which has neither been remedied nor waived, to pay Contractor
as required by the Contract, or to perform and complete or otherwise comply with the other terms
thereof.
FOR INFORMATION ONLY – (Name, Address, and Telephone)
Surety Agency or Broker:
Owner’s Representative (Engineer or other):
{MW001504;1} EJCDC C-615(A) Payment Bond March 2008
Prepared by the Engineers Joint Contract Documents Committee.
Page 3 of 3
1
Contractor’s Qualification Statement
SUBMITTED TO: Clapsaddle-Garber Associates, Inc.
739 Park Avenue
Ackley, Iowa 50601
SUBMITTED BY:
NAME OF PROJECT:
TYPE OF WORK ___ Concrete ___ Underground Utilities
___ Asphalt ___ Drainage
___ Grading/Dirtwork ___ Sewer Inspection/Televising
___ Jack & Boring ___ Other
COMPANY INFORMATION:
How many years has your company been in business as a Contractor?
Under what other or former names (and what years) has your company operated?
If your company is a corporation, answer the following:
Date of Incorporation:
State of Incorporation:
President’s name:
If your company is a partnership, answer the following:
Date of organization:
Type of partnership:
Name(s) of general partner(s):
If your company is individually owned, answer the following:
Date of organization:
Name of owner:
List of equipment that will be used by your company for this project:
2
LICENSING
List trade categories to which your company is legally qualified to do business, and indicate
registration or license numbers for the State of Iowa:
EXPERIENCE
List the type of work that your company normally performs:
List major construction projects your company has in progress, giving the names of project
owners, contract amount, percent complete and scheduled completion. (Attach extra sheets if
needed)
State total worth of work in progress and under contract:
List last ten major projects your company has completed in the past five years, stating nature of
the project, owner, contract amount, date of completion and percentage of the cost of the work
performed with your own forces.
State average annual amount of construction work performed during the last five years:
State name of Project Supervisor:
Experience level of Project Supervisor and Field Crew:
3
CLAIMS AND SUITS (If you answer yes to any of the below, please attach details)
Has your company ever failed to complete any work it has been awarded?
Are there any judgments, claims, arbitration proceedings or suits pending or outstanding against
your company or its officers?
Has your company filed any lawsuits or requested arbitration with regard to construction contracts
within the last five years.
Within the last five years has any officer of your company ever been an officer for another
company when it failed to complete a construction contract?
REFERENCES
Professional References:
Supplier References:
Bank References:
Surety:
Name of bonding company:
Name and address of the agent:
FINANCING – Statements to be submitted only if contract awarded.
Signature Name of Company
Dated this day of , 20
4
THIS PAGE LEFT BLANK INTENTIONALLY
From (Contractor) :
Date:
To: Clapsaddle-Garber Associates, Inc. CGA Project #
Contract For (Owner):
Bid Item Phone Number
Number Description Firm Address (Fax Number) Contact
Signed By:
(Printed)
Material Supplier
Subcontractor
DBE
Contractors Representative:
(Signature)
WBE
Sheet _____ of _____
SUBCONTRACTOR AND MAJOR MATERIAL SUPPLIERS LIST FORM
Project:
List Subcontractors and Major Material Suppliers proposed for use on this Project as required by the Construction Documents.
Attach supplemental sheets if necessary. Mark the appropriate columns for each Business listed.
THIS PAGE LEFT BLANK INTENTIONALLY
Page 1 of 2
TRANSMITTAL OF SHOP DRAWINGS, EQUIPMENT DATA, MATERIAL SAMPLES, OR
MANUFACTURER'S CERTIFICATES OF COMPLIANCE
For use of this form, see ER 415-1-10; the proponent agency is CECW-CE.
DATE TRANSMITTAL NO.
SECTION I - REQUEST FOR APPROVAL OF THE FOLLOWING ITEMS (This section will be initiated by the contractor)
TO:
PROJECT TITLE AND LOCATION
SPECIFICATION SEC. NO. (Cover only one section with each transmittal)
FROM: CONTRACT NO.
CHECK ONE:
THIS TRANSMITTAL IS FOR: (Check one)
THIS IS A NEW TRANSMITTAL
THIS IS A RESUBMITTAL OF
TRANSMITTAL
FIO GA DA CR DA/CR DA/GA
ITEM
NO.
(See
Note 3)
USACE
ACTION
CODE
(Note 9)
SUBMITTAL
TYPE CODE
(See Note 8)
NO.
OF
COPIES
SPEC.
PARA. NO.
DRAWING
SHEET NO.
CONTRACTOR
REVIEW
CODE
VARIATION
Enter "Y" if
requesting
a variation
(See Note 6)
DESCRIPTION OF SUBMITTAL ITEM
(Type size, model number/etc.)
a. i.c. d. e. f. g. h.b.
CONTRACT DOCUMENT
REFERENCE
REMARKS
SECTION II - APPROVAL ACTION
I certify that the above submitted items had been reviewed in detail and are correct and in
strict conformance with the contract drawings and specifications except as otherwise stated.
NAME OF CONTRACTOR SIGNATURE OF CONTRACTOR
NAME AND TITLE OF APPROVING AUTHORITY SIGNATURE OF APPROVING AUTHORITY DATE
ENCLOSURES RETURNED (List by item No.)
REPLACES EDITION OF MAR 95, WHICH IS OBSOLETE.
ENG FORM 4025-R, MAR 2012
Page 2 of 2
INSTRUCTIONS
1. Section I will be initiated by the Contractor in the required number of copies.
2. Each Transmittal shall be numbered consecutively. The Transmittal Number typically includes two parts separated by a dash (-). The first part is the specification section
number. The second part is a sequential number for the submittals under that spec section. If the Transmittal is a resubmittal, then add a decimal point to the end of the
original Transmittal Number and begin numbering the resubmittal packages sequentially after the decimal.
3. The "Item No." for each entry on this form will be the same "Item No." as indicated on ENG FORM 4288-R.
4. Submittals requiring expeditious handling will be submitted on a separate ENG Form 4025-R.
5. Items transmitted on each transmittal form will be from the same specification section. Do not combine submittal information from different specification sections in a single
transmittal.
6. If the data submitted are intentionally in variance with the contract requirements, indicate a variation in column h, and enter a statement in the Remarks block describing he
detailed reason for the variation.
7. ENG Form 4025-R is self-transmitting - a letter of transmittal is not required.
8. When submittal items are transmitted, indicate the "Submittal Type" (SD-01 through SD-11) in column c of Section I.
Submittal types are the following:
SD-01 - Preconstruction SD-02 - Shop Drawings SD-03 - Product Data SD-04 - Samples SD-05 - Design Data SD-06 - Test Reports
SD-07 - Certificates SD-08 - Manufacturer's Instructions SD-09 - Manufacturer's Field Reports SD-10 - O&M Data SD-11 - Closeout
9. For each submittal item, the Contractor will assign Submittal Action Codes in column g of Section I. The U.S. Army Corps of Engineers approving authority will assign Submittal
Action Codes in column i of Section I. The Submittal Action Codes are:
A -- Approved as submitted.
B -- Approved, except as noted on drawings. Resubmission not required.
C -- Approved, except as noted on drawings. Refer to attached comments.
Resubmission required.
D -- Will be returned by separate correspondence.
E -- Disapproved. Refer to attached comments.
10. Approval of items does not relieve the contractor from complying with all the requirements of the contract.
F -- Receipt acknowledged.
X -- Receipt acknowledged, does not comply with contract requirements, as noted.
G -- Other action required (Specify)
K -- Government concurs with intermediate design. (For D-B contracts)
R -- Design submittal is acceptable for release for construction. (For D-B contracts)
ENG FORM 4025-R, MAR 2012
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Completed 17 July 2020

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