20081639 Ver 1_Stormwater Info_20081029

' Sedimentation and Erosion Control Plan
And. Site Grading Plan

t Son Set Ministries, Inc.
Sammy Hudson, Executive Director
B.O. Box 5247
Kinston, NC 28503

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Todd Atan Tripp, P.E.
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Todd. Tripp, P.E. The Refuge
Site Grading and Entrance Roadway
Section No. of
No. Title Pages
TABLE OF CONTENTS
INTRODUCTORY INFORMATION
00001 Title Page ...................................................................................................................... I
00010 Table of Contents .......................................................................................................... I
BIDDING REQUIREMENTS
00100 Information for Bidders ................................................................................................3
00412 Bid Form - Unit Price ...................................................................................................5
CONTRACTING REQUIREMENTS
00700 General Conditions (EJCDC) .....................................................................................44
00800 Supplementary Conditions .......................................................................................... I l
DIVISION 1 - GENERAL REQUIREMENTS
01090 Abbreviations & Symbols .............................................................................................3
01270 Unit Prices ....................................................................................................................5
01300 Submittals .....................................................................................................................4
01400 Standards, Materials, & Quality Controls .....................................................................3
01500 Temporary Facilities and Controls ...............................................................................2
DIVISION 2 - SITE CONSTRUCTION
02100 Site Preparation & Earthwork For Roadways, Parking, Building Pads, &
General Grading 5
02540 Erosion Control .............................................................................................................7
02821 Seeding .........................................................................................................................4
TABLE OF CONTENTS
D:\Projects\Todd A Tripp PE\The Refuge\Finished Bid Docs\00010 TOC.doc
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SECTION 00100
INFORMATION FOR BIDDERS
Informal Bids will be received by Son Set Ministries, Inc. (herein called the "Owner"), at the
Office of their manager located at 508 Plaza Drive Kinston, NC until 2:00 P.M., October 16,
2008 and then at said office opened.
The Owner may award to the lowest responsible bidder. Should a bid for a particular contract be
in excess of available funds, the Owner will at his option negotiate scope reductions to the
project with the lowest responsible Bidder or revise the Contract Documents to lower cost and let
for informal bids again.
Each bid must be provided in a separate sealed envelope labelled as follows in type or bold
handwritten print:
Bid for Site Grading and Storm Drainage To Serve
The Refuge, Ormondsville, NC
Bid date:
Contractor's name, address and license number
' Each envelope must be sealed and contain an original signed and sealed bid, an original bid bond
with power of attorney and copies of any addenda. If the sealed bid is to be mailed, seal the bid
in a separate outer envelope addressed as follows:
Bid for Site Grading and Storm Drainage To Serve
The Refuge, Ormondsville, NC
' c/o Mr. Sammy Hudson
Executive Director
Son Set Ministries, Inc.
' P.O. Box 5247
Kinston, NC 28503
' All Bids must be made on the required Bid form. All blank spaces for Bid prices must be filled
in, in ink or typewritten, and the Bid form must be fully completed and executed when
submitted. Only one copy of the Bid form is required.

The Owner may waive any informalities or minor defects or reject any and all Bids. Any Bid
may be withdrawn prior to the above scheduled time for the opening of Bids or authorized
postponement thereof. Any Bid received after the time and data specified shall not be considered.
No Bidder may withdraw a Bid within 90 days after the actual date of the opening thereof.
Should there be reasons why the contract cannot be awarded within the specified period, the time
may be extended by mutual agreement between the Owner and the Bidder.
Bidders must satisfy themselves of the accuracy of the estimated quantities in the Bid Schedule
by examination of the site and a review of the drawings and specifications including Addenda.
INFORMATION FOR BIDDERS 00100- 1
DA\Projects\Todd A Tripp PE\The Refuge\00100 - Inf. Bidders.DOC

After Bids have been submitted, the Bidder shall not assert that there was a misunderstanding
concerning the quantities of work or the nature of the work to be done.
The Owner shall provide to Bidders prior to bidding, all information which is pertinent to, and
delineates and describes, the land owned and rights-of-way acquired or to be acquired.
The Contract Documents contain the provisions required for the construction of the Project.
Information obtained from an officer, agent, or employee of the Owner or any other person shall
not affect the risks or obligations assumed by the Contractor or relieve the Contractor from
fulfilling any of the conditions of the contract. Any changes to the Contract Documents shall be
by properly executed addenda, change orders, field orders, or other written means as described in
the Contract Documents.
A Bid Bond will not be required..
A Performance Bond and a Payment Bond, each in the amount of 100 percent of the Contract
Price, with a corporate surety approved by the Owner, will be required for the faithful
performance of the Contract. Refer to the Special Conditions.
' Attorneys-in-fact who sign Bid Bonds or Payment Bonds and Performance Bonds must file with
each Bond, a certified and effective dated copy of their Power of Attorney.
' The party to whom the contract is awarded will be required to execute the Agreement and obtain
the Performance Bond and Payment Bond within twenty (20) calendar days from the date when
Notice of Award is delivered to the Bidder. The Notice of Award shall be accompanied by the
necessary Agreement and Bond forms. In case of failure of the Bidder to execute the Agreement,
the Owner may consider the Bidder in default, in which case the Bid Bond accompanying the
proposal shall become the property of the Owner.
' The Owner within twenty (20) days of receipt of acceptable Performance Bond, Payment Bond
and Agreement, signed by the party to whom the Agreement was awarded, shall sign the
Agreement and return to such party an executed duplicate of the Agreement. Should the Owner
not execute the Agreement within such period, the Bidder may, by written notice, withdraw the
signed Agreement. Such notice of withdrawal shall be effective upon receipt of the notice by the
' Owner.
The Notice to Proceed shall be issued within twenty (20) days of the execution of the Agreement
by the Owner. Should there be reasons why the Notice to Proceed cannot be issued within such
period, the time may be extended by mutual agreement between the Owner and Contractor. If the
Notice to Proceed has not been issued within the twenty (20) day period, or within the period
I mutually agreed upon, the Contractor may terminate the Agreement without further liability on
the part of either party.

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The Owner may make such investigations as deemed necessary to determine the ability of the
Bidder perform the work, and the Bidder shall furnish to the Owner all such information and data
for this purpose as the Owner may request. The Owner reserves the right to reject any Bid if the
evidence submitted by, or investigation of, such Bidder fails to satisfy the Owner that such
' INFORMATION FOR BIDDERS 00100 - 2
DA\Projects\Todd A Tripp PE\The Refuge\00100 - Inf. Bidders.DOC

Bidder is properly qualified to carry out the obligations of the Agreement and to complete the
work contemplated therein.
A conditional or qualified Bid will not be accepted.
Award will be made separately for each Contract to the lowest, responsible, responsive, Bidder
who submits the lowest price on each contract.
All applicable laws, ordinances, and the rules and regulations of all authorities having
jurisdiction over construction of the Project shall apply to the contract throughout.
' Each Bidder is responsible for inspecting the site and for reading and being thoroughly familiar
with the Contract Documents. The failure of omission of the Bidder to do any of the foregoing
shall in no way relieve any Bidder from any obligation in respect to its Bid.
The selected Bidder shall supply the names and addresses of major material suppliers and
subcontractors when required to do so by the Owner.
' The Engineer is: Todd A. Tripp, P.E.
The Engineer's address is: P.O. Box 1303 Bethel, NC 27858
The Engineer's telephone number is [phone]
Bidders will be required to show that they are licensed to perform the work in the bidding
' documents as required by North Carolina General Statute, Chapter 87.

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' INFORMATION FOR BIDDERS 00100 - 3
DA\Projects\Todd A Tripp PE\The Refuge\00100 - Inf. Bidders.DOC
Todd A. Tripp, PE.
The Refuge
SECTION 00142
BID FORM
This Bid is Submitted to Son Set Ministries of Kinston, NC, at the office of its Executive
Director, Mr. Sammy Hudson, at P.O. Box 5247 Kinston, NC, 28503.
1.01 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an
Agreement with OWNER in the form included in the Bidding Documents to perform all Work as
specified or indicated in the Bidding Documents for the prices and within the times indicated in
' the Bid and in accordance with the other terms and conditions of the Bidding Documents.
2.01 Bidder accepts all of the terms and conditions of the Advertisement and Instructions to
Bidders, including without limitations those dealing with the dispositions of Bid security. The
Bid will remain subject to acceptance for (90) days after the Bid opening, or for such longer
period of time that Bidder may agree to in writing upon request of OWNER.
3.01 In submitting this Bid, Bidder represents, as set forth in the Agreement, that:
A. Bidder has examined and carefully studied the Bidding Documents, the other related
data identified in the Bidding. Documents, and the following Addenda. Rreceipt of all
Addenda is hereby acknowledged:
Addendum No. Addendum Date
B. Bidder 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. Bidder 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. Omitted
' E. Bidder has obtained and carefully studied or assumes responsibility for having done
so) all additional or supplementary examinations, investigations, explorations, tests,
' studies, and data concerning conditions (surface, Subsurface and Underground
Facilities) at or contiguous to the Site which may affect cost, progress, or performance
of the Work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by the Bidder, including
applying the specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Bidding Documents to be employed by Bidder,
and safety precautions and programs incident thereto.
IF. Bidder does not consider that any further examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of this Bid for performance of
BID FORM - Contract I 00142 - 1
' DAProjects\Todd A Tripp PE\The Refuge\00142-Revised Bid Form.doc
Todd A. Tripp, PE.
The Refuge
the Work at the price(s) bid and within the times and in accordance with the other terms
and conditions of the Bidding Documents.
' G. Bidder is aware of the general nature of the Work to be performed by OWNER and
others at the Site that relates to the Work as indicated in the Bidding Documents.
H. Bidder has correlated the information known to Bidder, information and observations
obtained from visits to the Site, reports and drawings identified in the Bidding
r Documents, and all additional examinations, investigations, explorations, tests, studies,
and data with the Bidding Documents.
' I. Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder has discovered in the Bidding Documents, and the written
resolution thereof by ENGINEER is acceptable to Bidder.
J. The Bidding Documents are generally sufficient to indicate and convey understanding
of all terms and conditions for the performance of the Work for which this Bid is
submitted.
4.01 Bidder further represents that this Bid is genuine and not made in the interest or on the
behalf of any undisclosed individual or entity and is not submitted in conformity with any
agreement or rules of any group, association, organization, or corporation; Bidder has not
directly or indirectly induced or solicited any other Bidder to submit a false or sham Bid; Bidder
has not solicited or inducted any individual or entity to refrain from bidding; and Bidder has not
sought by collusion to obtain for itself any advantage over any other Bidder or over OWNER.
5.01 Bidder will complete the Work in accordance with the Contract Documents for the
following price(s):

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BID FORM - Contract I 00142 - 2
DA\Projects\Todd A Tripp PE\The Refuge\00142-Revised Bid Form.doc
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Todd A. Tripp, PE.
BID SCHEDULE
The Refuge
BIDDER agrees to perform all the work described in the CONTRACT DOCUMENTS for
the following unit prices:
BASE BID
Item Estimated Unit Bid Extended
No. Description Unit Quantity Price Total
1 Unclassified Excavation for

Roadways and Parking Area LS 1
2 Unclassified Excavation for

the Gym Building Pad LS 1
3 Undercut Unsuitable
Material As Directed and
Provide Backfill of Suitable CY 2,000
Material
4 Drainage Structure No. 1 LF Omit Omit Omit
5 Drainage Structure No. 2 -

18-inch RCP LF 30
6 Drainage Structure No. 3 -

24-inch RCP LF 30
7 Drainage Structure No. 4 -

15-inch RCP LF 30
8 Temporary Sediment Trap EA 2
9 Silt Fence LF 3,200
10 Grubbing & Stump Removal

for Cleared Areas AC 10
1 I Temporary Diversion Berm LF 100
12 Construction Entrance EA 1
13 Seeding and Mulching AC 12
14 Soil Testing Allowance LS 1 $1,800 $1,800
TOTAL BASE BID - BID ITEMS 1 THROUGH 14 $
(Written Out)
BID FORM - Contract I
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00142 - 3
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Todd A. Tripp, PE.
BID ALTERNATE
The Refuge
Item Estimated Unit Bid Extended
No. Description Unit Quantity Price Total
A-1 Unclassified Excavation for
Dining Hall, Adult Learning

Center, Chapel, Classrooms, LS 1
and Camp Store
A-2 Fill Wetland Area shown on
W-1 at the Site of the Future CY 3,200
Worship Facility
A-3 ABC Stone for Haul Road 4
040
and Drive-8" Depth SY ,
A-4 ABC Stone for Parking

Area-8" Depth SY 3,600
TOTAL BID ATERNATE - BID ITEMS A-1 THROUGH A-4$
(Written Out)
Note: Owner may elect to authorize none, one, all, or any combination of the Bid Alternates.
Owner requires Bidder to provide bid pricing that is effective and independent of Owner's bid
alternate selection.
Refer to section 01270 Unit Prices for descriptions of payment method and work included in each
of the above pay items.
A. Unit Prices have been computed in accordance with paragraph 11.03B of the General
Conditions.
B. Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the
purpose of comparison of Bids, and final payment for all Unit Price Bid items will be
based on actual quantities provided, determined as provided in the contract Documents.
6.01 Bidder agrees that the Work will be substantially completed and ready for final payment
in accordance with paragraph 14.07.13 of the General Conditions on or before the dates or within
the number of calendar days indicated in the Agreement.
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of
failure to complete the work within the times specified above, which shall be stated in the
Agreement.
7.01 The following documents are attached to and make a condition of the Bid:
A. Bid Security - Not Applicable.
BID FORM - Contract I
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Todd A. Tripp, PE.
The Refuge
8.01 The terms used in this Bid with the initial capital letters have the meanings indicated in
the Instructions to Bidders, the General Conditions, and the Supplementary Conditions.
SUBMITTED on
State Contractor License No.
Employer's Tax ID No.
Name:
State of Incorporation: _
Type (Limited Liability):
By: (SEAL
(Signature - attached evidence of authority to sign)
Name (typed or printed):
Title
Attest:
Business Address:
Phone No. FAX No.
Date of Qualification to do business is
---END OF SECTION---
BID FORM - Contract I
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Todd. Tripp, P.E. The Refuge
Site Grading and Entrance Roadway
Copyright 02002
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and
Contractor Nos. C-520 or C-525 (2002 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 EJCDC Construction Documents, General and
Instructions (No. C-001) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
EJCDC C-700 Standard General Conditions of the Construction Contract.
Cnnvriaht n 100') Nntinnnl CnniPty of Prnfeccinnnl Fnoineem fnr MCDC All riohtc recerved
00700 - 1
I Todd. Tripp, P.E.
1
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The Refuge
Site Grading and Entrance Roadway
TABLE OF CONTENTS
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ARTICLE 1 - DEFINITIONS AND TERMINOLOGY ............................................................................................................. 6
1.01 Defined Terms ...................................................................................................................................................... ... 6
1.02 Terminology .......................................................................................................................................................... ...8
ARTICL E 2 - PRELIMINARY MATTERS ............................................................................................................................ ... 9
2.01 Delivery of Bonds and Evidence oflnsurance ...................................................................................................... ...9
2.02 Copies of Documents ............................................................................................................................................ ... 9
2.03 Commencement of Contract Times; Notice to Proceed ........................................................................................ ... 9
2.04 Starting the Work .................................................................................................................................................. ... 9
2.05 Before Starting Construction ................................................................................................................................ ... 9
2.06 Preconstruction Conference ................................................................................................................................. ... 9
2.07 Initial Acceptance of Schedules ............................................................................................................................ ... 9
ARTICL E 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ..................................................................... .10
3.01 Intent ..................................................................................................................................................................... . 10
3.02 Reference Standards ............................................................................................................................................. . 10
3.03 Reporting and Resolving Discrepancies ............................................................................................................... . 10
3.04 Amending and Supplementing Contract Documents ............................................................................................ . 11
3.05 Reuse of Documents .............................................................................................................................................. . 11
3.06 Electronic Data .................................................................................................................................................... . 11
ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRO NMENTAL CONDITIONS; REFERENCE POINTS .............................................................................................. . 11
4.01 Availability of Lands ............................................................................................................................................. . 11
4.02 Subsurface and Physical Conditions .................................................................................................................... . 12
4.03 Differing Subsurface or Physical Conditions ....................................................................................................... . 12
4.04 Underground Facilities ........................................................................................................................................ . 13
4.05 Reference Points ................................................................................................................................................... . 13
4.06 Hazardous Environmental Condition at Site ........................................................................................................ . 13
ARTICLE 5 - BONDS AND INSURANCE ............................................................................................................................ . 14
5.01 Performance, Payment, and Other Bonds ............................................................................................................ . 14
5.02 Licensed Sureties and Insurers .............................................................................................................................. 15
5.03 Certificates oflnsurance ...................................................................................................................................... .15
5.04 Contractor's Liability Insurance ........................................................................................................................... 15
5.05 Owner's Liability Insurance .................................................................................................................................. 16
5.06 Property Insurance ................................................................................................................................................ 16
5.07 Waiver of Rights .................................................................................................................................................... 17
5.08 Receipt and Application of Insurance Proceeds .................................................................................................... 17
5.09 Acceptance of Bonds and Insurance; Option to Replace ....................................................................................... 17
5.10 Partial Utilization, Acknowledgment of Property Insurer ..................................................................................... 18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES .......................................................................................................... 18
6.01 Supervision and Superintendence .......................................................................................................................... 18
6.02 Labor; Working Hours .......................................................................................................................................... 18
6.03 Services, Materials, andEguipment ...................................................................................................................... 18
6.04 Progress Schedule ................................................................................................................................................. 18
6.05 Substitutes and "Or-Eguals................................................................................................................................... 19
6.06 Concerning Subcontractors, Suppliers, and Others .............................................................................................. 20
6.07 Patent Fees and Royalties ..................................................................................................................................... 21
6.08 Permits ................................................................................................................................................................... 21
6.09 Laws and Regulations ............................................................................................................................................ 21
6.10 . Taxes ...................................................................................................................................................................... 22
6.11 Use of Site and Other Areas .................................................................................................................................. 22
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 2
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
T)-\Prnierlc\Tndd A Trinn PP\The Re.fiiaP\.Qnerc\00701 Rtandord Genera) Cnndifinnc dnr

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Todd. Tripp, P.E. The Refuge
Site Grading and Entrance Roadway
6.12 Record Documents ................................................................................................................................................. 22
6.13 Safety and Protection ............................................................................................................................................ . 22
6.14 Safety Representative ............................................................................................................................................ . 23
6.15 Hazard Communication Programs ....................................................................................................................... . 23
6.16 Emergencies ......................................................................................................................................................... .23
6.17 Shop Drawings and Samples ................................................................................................................................ . 23
6.18 Continuing the Work ............................................................................................................................................. . 24
6.19 Contractor's General Warranty and Guarantee .................................................................................................. . 24
6.20 Indemnification ..................................................................................................................................................... . 24
6.21 Delegation of Professional Design Services ......................................................................................................... . 25
ARTICLE 7 - OTHER WORK AT THE SITE ........................................................................................................................ .25
7.01 Related Work at Site .............................................................................................................................................. 25
7.02 Coordination ......................................................................................................................................................... .26
7.03 Legal Relationships ............................................................................................................................................... 26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ...................................................................................................................... 26
8.01 Communications to Contractor ............................................................................................................................. 26
8.02 Replacement of Engineer ....................................................................................................................................... 26
8.03 Furnish Data ......................................................................................................................................................... 26
8.04 Pay When Due ....................................................................................................................................................... 26
8.05 Lands and Easements; Reports and Tests .............................................................................................................. 26
8.06 Insurance ............................................................................................................................................................... 26
8.07 Change Orders ...................................................................................................................................................... 26
8.08 Inspections, Tests, and Approvals .......................................................................................................................... 26
8.09 Limitations on Owner's Responsibilities ............................................................................................................... 27
8.10 Undisclosed Hazardous Environmental Condition ............................................................................................... 27
8.11 Evidence of Financial Arrangements .................................................................................................................... 27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION .................................................................................... 27
9.01 Owner's Representative ......................................................................................................................................... 27
9.02 Visits to Site ........................................................................................................................................................... 27
9.03 Project Representative ........................................................................................................................................... 27
9.04 Authorized Variations in Work .............................................................................................................................. 27
9.05 Rejecting Defective Work ...................................................................................................................................... 27
9.06 Shop Drawings, Change Orders and Payments .................................................................................................... 28
9.07 Determinations for Unit Price Work ..................................................................................................................... 28
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ................................................... 28
9.09 Limitations on Engineer's Authority and Responsibilities .................................................................................... 28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ........................................................................................................... 28
10.01 Authorized Changes in the Work ........................................................................................................................... 28
10.02 Unauthorized Changes in the Work ....................................................................................................................... 29
10.03 Execution of Change Orders ................................................................................................................................. 29
10.04 Notification to Surety ............................................................................................................................................. 29
10.05 Claims .................................................................................................................................................................... 29
ARTICLE I 1 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK ................................................................. 30
11.01 Cost of the Work .................................................................................................................................................... 30
11.02 Allowances ............................................................................................................................................................. 31
11.03 Unit Price Work ..................................................................................................................................................... 31
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ..................................................... 32
12.01 Change of Contract Price ...................................................................................................................................... 32
12.02 Change of Contract Times ..................................................................................................................................... 33
12.03 Delays .................................................................................................................................................................... 33
ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ...... 33
13.01 Notice of Defects .................................................................................................................................................... 33
13.02 Access to Work ...................................................................................................................................................... 33
13.03 Tests and Inspections ............................................................................................................................................. 33
13.04 Uncovering Work ................................................................................................................................................... 34
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 3
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
Tl'\Prniectc\TMd A Trinn PF\The Re.filae.\QTPP.Q\0(1700.Ctnnrinrd Generni Cnnriitinnc rine
Todd. Tripp, P.E. The Refuge
Site Grading and Entrance Roadway
13.05
13.06 Owner May Stop the Work .....................................................................................................................................
Correction or Removal of Defective Work ............................................................................................................ 34
34
13.07 Correction Period .................................................................................................................................................. 34
13.08 Acceptance of Defective Work ............................................................................................................................... 35
' 13.09 Owner May Correct Defective Work .....................................................................................................................
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .............................................................................. 35
36
14.01 Schedule of Values ................................................................................................................................................. 36
14.02 Progress Payments ................................................................................................................................................ 36
14.03 Contractor's Warranty of Title .............................................................................................................................. 37
14.04 Substantial Completion .......................................................................................................................................... 37
14.05 Partial Utilization .................................................................................................................................................. 38
14.06
14.07 Final Inspection .....................................................................................................................................................
Final Payment
....................................................................................................................................................... 38
38
14.08 Final Completion Delayed ..................................................................................................................................... 39
14.09 Waiver of Claims ...................................................................................................................................................
ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ........................................................................................ 39
39
15.01 Owner May Suspend Work .................................................................................................................................... 39
15.02 Owner May Terminate for Cause .......................................................................................................................... 39
15.03
15.04 Owner May Terminate For Convenience ..............................................................................................................
Contractor May Stop Work or Terminate .............................................................................................................. 40
40
ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................................ 41
16.01 Methods and Procedures ....................................................................................................................................... 41
ARTICLE 17 - MISCELLANEOUS ......................................................................................................................................... 41
17.01 Giving Notice ......................................................................................................................................................... 41
17.02 Computation of Times ............................................................................................................................................ 41
t 17.03
17.04 Cumulative Remedies ............................................................................................................................................
Survival of Obligations .......................................................................................................................................... 41
41
17.05 Controlling Law ..................................................................................................................................................... 41
17.06 Headings ................................................................................................................................................................ 41

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EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 4
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
P•\D...: o..?o\T..AA A T.;.,.. Dl7\TMo DeC,...o\C..o..c\M'7nn cr.,. A-4 R.o -l P-A4;- A....
Todd. Tripp, P.E. The Refuge

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GENERAL CONDITIONS
ARTICLE I - 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.
Site Grading and Entrance Roadway
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's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13. Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
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) com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment.
15. Contractor-The individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph 11.0 LA 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
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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. The General Requirements pertain
to all sections 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 in
connection with the Work.
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, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
25. Liens--Charges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. Milestone--A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
27. Notice of Award--The written notice by
Owner to the Successful Bidder stating that upon timely
compliance by the Successful Bidder with the conditions
precedent listed therein, Owner will sign and deliver the
Agreement.
28. Notice to Proceed--A written notice given by
Owner to Contractor fixing the date on which the Con-
tract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
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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 nucle-
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity -- An officer, director, partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representative--The autho-
rized representative of Engineer who may be assigned to
the Site or any part thereof.
38. Samples--Physical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule of Submittals--A schedule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scheduled performance
of related construction activities.
40. Schedule of Values--A schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and used
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as the basis for reviewing Contractor's Applications for
Payment.
41. 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.
42. 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.
43. 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.
44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site.
45. Substantial Completion--The time at which
the Work (or a specified 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.
46. Successful Bidder--The Bidder submitting a
responsive Bid to whom Owner makes an award.
47. Supplementary Conditions--That part of the
Contract Documents which amends or supplements these
General Conditions.
48. Supplier--A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor.
49. Underground Facilities--All underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
Site Grading and Entrance Roadway
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.
50. Unit Price Work--Work to be paid for on the
basis of unit prices.
51. 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.
52. Work Change Directive--A written statement
to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
but is evidence that the parties expect that the change
ordered or 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 following words or terms are not defined
but, when used in the Bidding Requirements or Contract
Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the terms "as
allowed," "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 requirements of and information in the Contract
Documents and conformance with the design concept of
the completed 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
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 7
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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.
When "farnish," install," "perform, or «pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
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F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which 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.
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 com-
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day after the Effective Date of
the Agreement, whichever date is earlier.
2.04 Starting the Work
A. Contractor shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Tunes commence to run.
2.05 Before Starting Construction
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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 subdi-
vides the Work into component parts in sufficient detail to
serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
2.06 Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor, Engineer, and
others as appropriate will 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.
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
Site Grading and Entrance Roadway
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 Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will
be provided whether or not specifically called for at no
additional cost to Owner.
C. Clarifications and interpretations of the
Contract Documents shall be issued by Engineer as
provided in Article 9.
3.02 Reference Standards
A. Standards, Specifications, Codes, Laws, and
Regulations
1. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
2. No provision of any such standard,
specification, manual or code, or any instruction of a
Supplier shall be effective to change the duties or
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents. No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any of, their Related Entities, any
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duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake respon-
sibility inconsistent with the provisions of the Contract
Documents.
3.03 Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor's Review of Contract Documents
Before Starting Work: Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification from Engineer before
proceeding with any Work affected thereby.
2. Contractor's Review of Contract Documents
During Performance of Work: If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of
the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, Contractor
shall promptly 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, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
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, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
Site Grading and Entrance Roadway
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 viola-
tion of such Law or Regulation).
3.04 Amending and Supplementing Contract
Documents
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work
or to modify the terms and conditions thereof by either a
Change Order or a Work Change Directive.
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
of the following ways:
1. A Field Order;
2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's written interpretation or
clarification.
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier
or other individual or entity performing or furnishing all
of the Work under a direct or indirect contract with
Contractor, shall not:
1. have or acquire any title to or ownership
rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or Engineer's consultants,
including electronic media editions; or
2. reuse any of such Drawings, Specifications,
other documents, or copies thereof on extensions
of the Project or any other project without written consent
of Owner and Engineer and specific written verification
or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining
copies of the Contract Documents for record purposes.
3.06 Electronic Data
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 10
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A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or other
types are 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
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Work is to be performed and Owner's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
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 of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
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.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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4.03 Differing Subsurface or Physical Conditions
A. Notice: If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
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
Site Grading and Entrance Roadway
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, explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
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, Owner and Engineer, and any
of their Related Entities shall not be liable to Contractor
for any claims, costs, losses, or damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
4.04 Underground Facilities
A. Shown or Indicated.- The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions:
1. Owner and Engineer shall not be responsible
for the accuracy or completeness of any such information
or data; 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 Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shown or Indicated
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.16.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility. During such time, Contractor shall be
responsible for the safety and protection of such
Underground Facility.
2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown 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.
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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: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to be employed by
Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opinions and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
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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.
E. Contractor shall not be required to resume
Work in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area 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 stop-
page 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, partners, employees, agents,
consultants, and subcontractors of each and any of them
Site Grading and Entrance Roadway
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 conse-
quences of that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants, and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
1. 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
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Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
must be accompanied by a certified copy of the agent's
authority to act.
C. If the surety on any bond furnished by
Contractor is declared 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 5.01.13, 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 5.01.13 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 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 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 identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04 Contractor's Liability Insurance
A. Contractor shall purchase and maintain such
liability and other 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
Site Grading and Entrance Roadway
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Doctnnents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
1. claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
a. by any person as a result of an offense directly
or indirectly related to the employment of such
person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of 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, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of whom shall be listed as addi-
tional insureds, and include coverage for the respective
officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
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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 completed operations insurance;
4. include contractual liability insurance
covering Contractor's indemnity obligations under
Paragraphs 6.11 and 6.20;
5. contain a provision or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance coverage written on a claims-
made basis, remain in effect for at least two years after
final payment.
a. Contractor shall furnish Owner and each other
additional insured identified in the Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
5.05 Owner's Liability Insurance
A. In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner, at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A. Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Site Grading and Entrance Roadway
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, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
3. 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 additional insured to whom a certificate of
insurance has been issued.
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws and Regulations which will include
the interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities identified
in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants and
subcontractors of each and any of them, each of whom is
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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 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 2.01.13. 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,
Site Grading and Entrance Roadway
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 superin-
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
received from the superintendent shall be binding on
Contractor.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably
qualified personnel to survey and lay out the Work and
perform construction as required by the Contract Docu-
ments. Contractor shall at all times maintain good disci-
pline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, Materials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
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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 adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract 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
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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:
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,
3) it has a proven record of performance
and availability of responsive service; and
b. Contractor certifies that, if approved and
incorporated into the Work:
1) there will be no increase in cost to
the Owner or increase in Contract Times, and
2) it will conform substantially to 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 that the item of material or equipment
proposed is essentially equivalent to that named
and an acceptable substitute therefor. Requests
for review of proposed substitute items of
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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 in the General Requirements and
as Engineer may decide is appropriate under the
circumstances.
r 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 substi-
tute item will:
a) perform adequately the functions and
achieve the results called for by the
general design,
b) be similar in substance to that
specified, and
c) be suited to the same use as that
specified;
2) will state:
a) the extent, if any, to which the use of
the proposed substitute item will preju-
dice Contractor's achievement of
Substantial Completion on time;

b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on the Project) to adapt the design
to the proposed substitute item; and
c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license 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;
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4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign and claims of
other contractors affected by any resulting
change,
B. Substitute Construction Methods or Proce-
dures: 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 6.05.13. 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 either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." Engineer will
advise Contractor in writing of any negative
determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any
substitute-
E. Engineer's Cost Reimbursement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
Paragraphs 6.05.A.2 and 6.05.13 Whether or not Engineer
approves a substitute item so proposed or submitted by
Contractor, Contractor shall reimburse Owner for the
charges of Engineer for evaluating each such proposed
substitute. Contractor shall also reimburse Owner for the
charges of Engineer for making changes in the Contract
Documents (or in the provisions of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
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6.06 Concerning Subcontractors, Suppliers, and
Others
A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06.13), 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
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 reason-
able 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 consti-
tute 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 anything in the Contract Documents
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
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or entity except as may otherwise be required by Laws
and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor 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 an
additional insured 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, and Engineer„ and all other
individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,
relating to, or resulting 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.
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
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knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
Documents.
B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or
copyrights incident to the use 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 Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids, on the Effective Date of
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work.
6.09 Laws and Regulations
A. Contractor shall give all notices required by
and shall comply with all Laws and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects, attorneys, and other
professionals 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 primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
Site Grading and Entrance Roadway
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
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 equip-
ment, 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,
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
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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 com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
D. Loading Structures: Contractor shall 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.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who 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
Site Grading and Entrance Roadway
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. All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part, by Contractor,
any Subcontractor, Supplier, or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by Contractor
(except damage or loss attributable to the fault of Draw-
ings or Specifications or to the acts or omissions of
Owner or Engineer or , 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).
D. Contractor's duties and responsibilities for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14.07.13 that the Work is acceptable
(except as otherwise expressly provided in connection
with Substantial Completion).
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 coordi-
nating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
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employers at the Site in accordance with Laws or
Regulations.
6.16 Emergencies
A. In emergencies affecting the safety or protec-
tion 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 accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
1. Shop Drawings
a. Submit number of copies specified in the
General Requirements.
b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.17.D.
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
a. Submit number of Samples specified in the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17.D.
Site Grading and Entrance Roadway
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.
C. Submittal Procedures
1. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions,
specified performance and design criteria,
installation requirements, materials, catalog
numbers, and similar information with respect
thereto;
b. the suitability of all materials with respect to
intended use, fabrication, shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
and
d. shall also have reviewed and coordinated each
Shop Drawing or Sample with other Shop
Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
ted to Engineer for review and approval of each such
variation.
D. Engineer's Review
1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
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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 Docu-
ments.
2. Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
Contractor 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
1. Contractor shall make corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit, as required,
new Samples for review 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
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
Site Grading and Entrance Roadway
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, modification, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of Work that is not 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 acceptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20 Indemnification
A. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to 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
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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 respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for 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, partners,
employees, agents, consultants and subcontractors arising
out o£
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
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shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer.
C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such
design professionals, provided Owner and Engineer have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's
review and approval of design calculations and design
drawings will be only for the limited purpose of checking
for conformance with performance and design criteria
given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design calculations
and design drawings) will be only for the purpose stated
in Paragraph 6.17.D.1.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
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 via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree
on entitlement to or on 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, a
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reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such other
work, and shall properly coordinate the Work with theirs.
Contractor shall do all cutting, fitting, and patching of 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 their work and will only cut or alter
their 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 Condi-
tions:
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 responsibili-
ties will be provided.
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
7.03 Legal Relationships
A. Paragraphs 7.0I.A and 7.02 are not applicable
for utilities not under the control of Owner.
Site Grading and Entrance Roadway
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 actions or inactions.
C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
disruption costs incurred by such other contractor as a
result of Contractor's action or inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions, Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of
Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status
under the Contract Documents shall be that of the former
Engineer.
8.03 Furnish Data
A. Owner shall promptly 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 in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01
and 4.05. Paragraph 4.02 refers to Owner's identifying
and making available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06 Insurance
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A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article 5.
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 in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.13.
8.09 Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
8.10 Undisclosed Hazardous Environmental
Condition
A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's
obligations under the Contract Documents, Owner's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
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 responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
Site Grading and Entrance Roadway
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
9.02 Visits to Site
A. Engineer will make visits to the Site at inter-
vals 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 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
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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 Docu-
ments. 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.
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
Site Grading and Entrance Roadway
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 believe that any such decision entitles them
to an adjustment in the Contract Price or Contract Times
or both, a Claim may be made under Paragraph 10.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph 10.05.13.
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
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means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the
performance of the Work. Engineer will not be respon-
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C. Engineer will not be responsible for the acts
or omissions of Contractor or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of 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 require-
ments of, and in the case of certificates of inspections,
tests, and approvals that the results certified indicate
compliance with the Contract Documents.
E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
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
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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 13.04.13.
10.03 Execution of Change Orders
A. Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
1. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10.01.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.
10.04 Notification to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's 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.
EJCDC C-700 Standard General Conditions of the Construction Contract.
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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 12.01.13. A Claim for an adjustment in Contract
Time shall be prepared in accordance with the provisions
of Paragraph 12.02.13. 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.
Site Grading and Entrance Roadway
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 11.01.13, 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 include
only the following items, and shall not include any of the
costs itemized in Paragraph 11.01.B.
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 at the Site. Payroll costs for
employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment,
excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included 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 pay-
ments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and
returns from sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
3. Payments made by Contractor to
Subcontractors for Work performed by Subcontractors. If
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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.
r 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 mainte-
nance, 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 perfor-
mance of the Work, and cost, less market value,
of such items used but not consumed which
remain the property of Contractor.
' c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from Contractor or others in accordance with
rental agreements approved by Owner with the
advice of Engineer, and the costs of
' transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
' shall be in accordance with the terms of said
rental agreements. The rental of any such equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence
of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable, and
royalty payments and fees for permits and
' licenses.
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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
5.06.13), 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, expresses, and similar petty cash items in
connection with the Work.
i. The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:
1. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph 11.01.A.1 or specifically covered by
Paragraph 11.0l.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.
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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.
5. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 11.0 LA and 11.01.B.
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 I LOLA and 11.01.13, 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
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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.
C. Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified item.
D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10.05 if.
1. the quantity of any item of Unit Price Work
performed by Contractor differs materially and signifi-
cantly from the estimated quantity of such item indicated
in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner
is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase
or decrease.
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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 applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 11.03);
or
2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily in
accordance with Paragraph 12.0l.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
12.01.13.2, 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 11.0I.A.I
' and I1.0l.A.2, the Contractor's fee shall be 15
percent;
b. for costs incurred under Paragraph 11.0l.A.3,
the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no
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fixed fee is agreed upon, the intent of Paragraph
12.0l.C.2.a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs
11.01.A.1 and 11.0I.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 11.0I.A.4, 11.0I.A.5,
and 11.01.13;
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 contemplat-
ed by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 34
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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 the Related Entities of
each of them shall not be liable to Contractor for any
claims, costs, losses, or damages (including but not
limited to all fees and charges of Engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
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. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
Site Grading and Entrance Roadway
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,
inspecting, and testing. Contractor shall provide them
proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing 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 13.03.13 below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to Paragraph 13.04.13
shall be paid as provided in said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and 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.
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 35
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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, it must, if
requested by Engineer, be uncovered for observation.
F. Uncovering Work as provided in Paragraph
13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of Engineer, it must, if requested by Engineer, be
uncovered for Engineer's observation and replaced at
Contractor's expense.
B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others, Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
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
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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 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).
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 6.1 LA 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
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 36
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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 re-
moved and replaced. All claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor.
C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications .
D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has 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 the diminished value of the 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
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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 posses-
sion 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.
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 37
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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 provid-
ed in Paragraph 2.07.A will serve as the basis for progress
payments and will be incorporated into a form of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of units completed.
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established in
the Agreement for each progress payment (but not more
often than once a month), Contractor shall submit to
Engineer for review an Application for Payment filled out
and signed by Contractor covering the Work completed as
of the date of 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.
Site Grading and Entrance Roadway
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 on the Site of the executed Work as an
experienced and qualified design professional and on
Engineer's review of the Application for Payment and the
accompanying data and schedules, that to the best of
Engineer's knowledge, information and belief:
a. the Work has progressed to the point indicat-
ed;
b. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under Paragraph 9.07, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being
entitled to such payment appear to have been
fulfilled in so far as it is Engineer's
responsibility to observe the Work.
3. By recommending any such payment Engineer
will not thereby be deemed to have represented that:
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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 responsi-
bilities specifically assigned to Engineer in the
Contract Documents; or
b. that there may not be other matters or issues
between the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to withhold payment to Contractor.
00700 - 38

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4. Neither Engineer's review of Contractor's of Paragraph 14.02.1)) become due, and when due will be
Work for the purposes of recommending payments nor paid by Owner to Contractor.
Engineer's recommendation of any payment, including
final payment, will impose responsibility on Engineer: D. Reduction in Payment
a. to supervise, direct, or control the Work, or 1. Owner may refuse to make payment of the full
amount recommended by Engineer because:
b. for the means, methods, techniques,
sequences, or procedures of construction, or the a. claims have been made against Owner on
safety precautions and programs incident thereto, account of Contractor's performance or furnish-
or ing of the Work;
c. for Contractor's failure to comply with Laws b. Liens have been filed in connection with the
and Regulations applicable to Contractor's Work, except where Contractor has delivered a
performance of the Work, or specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
d. to make any examination to ascertain how or
for what purposes Contractor has used the c. there are other items entitling Owner to a
moneys paid on account of the Contract Price, or set-off against the amount recommended; or
e. to determine that title to any of the Work, d. Owner has actual knowledge of the occurrence
materials, or equipment has passed to Owner free of any of the events enumerated in Paragraphs
and clear of any Liens. 14.02.B.5.a through 14.02.B.5.c or Paragraph
15.02.A.
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 2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
stated in Paragraph 14.02.13.2. Engineer may also refuse Contractor immediate written notice (with a copy to
to recommend any such payment or, because of subse- Engineer) stating the reasons for such action and promptly
quently discovered evidence or the results of subsequent pay Contractor any amount remaining after deduction of
inspections or tests, revise or revoke any such payment the amount so withheld. Owner shall promptly pay
recommendation previously made, to such extent as may Contractor the amount so withheld, or any adjustment

' be necessary in Engineer's opinion to protect Owner from
loss because: thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
a. the Work is defective, or completed Work has
been damaged, requiring correction or replace- 3. If it is subsequently determined that Owner's
ment; refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
b* the Contract Price has been reduced by
Change Orders; determined by Paragraph 14.02.C.1.
14.03 Contractor's Warranty of Title
c. Owner has been required to correct defective
Work or complete Work in accordance with A. Contractor warrants and guarantees that title
t Paragraph 13.09; or to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
d. Engineer has actual knowledge of the Project or not, will pass to Owner no later than the time of
occurrence of any of the events enumerated in payment free and clear of all Liens.
Paragraph 15.02.A.
14.04 Substantial Completion
C. Payment Becomes Due
A. When Contractor considers the entire Work
1. Ten days after presentation of the Application ready for its intended use Contractor shall notify Owner
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions and Engineer in writing that the entire Work is
substantially complete (except for items specifically listed
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 39
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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 correct-
ed) 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 recommen-
dation as to division of responsibilities pending final
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive 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 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
Site Grading and Entrance Roadway
identified in the Contract Documents, or which Owner,
Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without significant
interference with Contractor's performance of the
remainder of the Work, subject to the following condi-
tions.
1. Owner at any time may request Contractor in
writing to permit Owner to use or occupy any such part of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner and
Engineer in writing that Contractor considers any such
part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be
substantially complete, 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.
14.07 Final Payment
A. Application for Payment
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 40
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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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
5.04.13.7;
b. consent of the surety, if any, to final payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien rights
arising out of or Liens filed in connection with
the Work.

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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
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may 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,
Site Grading and Entrance Roadway
Engineer will, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's
recommendation of payment and present the Application
for Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing in writing the reasons for 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 docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and, will be paid by Owner to
Contractor.
14.08 Final Completion Delayed
A. If, through 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
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 41
Copyright (0 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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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 adjust-
ment in the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15.02 Owner May Terminate for Cause
A. The occurrence of any one or more of the
following events will justify termination for cause:
1. Contractor's persistent failure to perform the
Work in accordance with the Contract Documents
(including, but 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 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:
1. exclude Contractor from the Site, and take
possession of the Work and of all Contractor's tools,
Site Grading and Entrance Roadway
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
15.02.13, 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 15.02.13 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 15.02.13, 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
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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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.
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
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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 10.05.13 shall become
final and binding 30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
1. elects in writing to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
2. agrees with the other party to submit the
Claim to another dispute resolution process, or
3. gives written notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 43
Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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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
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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 Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of Obligations
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of
the 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.
EJCDC C-700 Standard General Conditions of the Construction Contract. 00700 - 44
' Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
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SECTION 00800 - SUPPLEMENTARY CONDITIONS
General: These Supplementary Conditions amend or supplement the Standard General
Conditions of the Construction Contract Funding Agency Edition (No. 1910-8-FA, 1997
Edition) and other provisions of the Contract Documents as indicated below. All provisions
which are not so amended or supplemented remain in full force and effect. The terms used in
' these Supplementary Conditions will have the meanings indicated in the General Conditions.
Additional terms used in these Supplementary Conditions have the meanings indicated below,
which are applicable to both the singular and plural thereof.
SC-1 - General Conditions. Add the following sentence to the end of paragraph 1.0I .A.3.

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"The Application for Payment form to be used on the project is included in these Contract Doc-
uments."
SC-2 - General Conditions. Add the following sentence to the end of paragraph 1.0l.A.9.
"The Change Order form to be used on this Project is EJCDC 1910-8-B and a blank copy of this
form is included in these Contract Documents.
SC-3 - General Conditions. Add the following language at the end of the last sentence of Pa-
ragraph 1.01A.47:
"The words "Special Provisions", "Special Conditions", and "Supplementary Conditions",
wherever they may appear in these Contract Documents and Specifications, are used
interchangeably and shall be interpreted to mean either "Special Conditions" or Supplementary
Conditions" which ever may be applicable".
SC-4 - General Conditions. Add the following new Paragraph 1.01A.53 immediately after
Paragraph 1.01A.52.
"Abnormal weather conditions as mentioned in the General Conditions Paragraph 12.03 shall be
defined as weather more severe than the average of the last ten (10) years".
SC-5 - General Conditions. Delete paragraph 2.03A in its entirety and insert the following
new paragraph in its place.
"A. The Contract Time will commence to run 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".
SC-6 - General Conditions. No Change.
SUPPLEMENTARY CONDITIONS 00800 - 1
' DAProjects\Todd A Tripp PE\The Refuge\Specs\00800 Supplementary Conditions.doc
Todd. Tripp, P.E.
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' SC-7 - General Conditions. Add the following new paragraph immediately after last sentence
of Paragraph 4.048.
"C. Existing underground installations are indicated on the drawings only to the extent such
information was made available to or discovered by Engineer in preparing the drawings. There
is no guarantee as to accuracy or completeness of such information, and all responsibility for the
' accuracy and completeness thereof is expressly disclaimed.
Generally, existing service connections are not indicated on the drawings. Contractor shall be
responsible for discovery of existing underground installations, in advance of excavating or
trenching, by contracting all local utilities and by prospecting.
' The Contractor shall notify NC ONE-CALL; Greensboro, North Carolina at least 48 hours prior
to commencing construction in order that existing utilities in the area may be flagged or staked.
The toll free number is 1-800-632-4949. This service will in no way relieve the Contractor of his
' responsibility to protect and maintain all existing utilities in an operational manner".
SC-8 - General Conditions. Add the following new paragraphs immediately after paragraph
' 4.06.A.
"1. In the preparation of Drawings and Specifications, Engineer or Engineer's Consultants
' relied upon the following reports of Hazardous Environmental Conditions at the Site:-None"
"2. In the preparation of Drawings and Specifications, Engineer or Engineer's Consultants
relied upon the following Drawings of Hazardous Environmental Conditions which are at or
contiguous to the Site: None"
SC-9 - General Conditions. Add the following new paragraph immediately after paragraph
' 5.04.13:
"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. Worker's Compensation and related coverages under paragraphs 5.04 A.1 and 5.04 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 Liability Insurance under paragraphs 5.04.A.3 and A.6 of the General
SUPPLEMENTARY CONDITIONS 00800 - 2
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' 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 $2,000,000
' (b) Products - Completed Operations Aggregate $1,000,000
(c) Personal and Advertising Injury $1,000,000
(d) Each Occurrence (Bodily Injury and Property Damage) $1,000,000

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(e) Property Damage liability insurance will provide Explosion,
Collapse and Underground coverage's where applicable.
(f) Excess or Umbrella Liability
(1) General Aggregate
(2) Each Occurrence
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$5,000,000
$5,000,000
3. Automobile Liability: under Paragraph 5.04 A.6 of the General Conditions
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4. The Contractual Liability coverage required by paragraph 5.04B.4 of the General
Conditions shall be provided by the Contractor as part of the Contractor's General Liability
coverage.
5. List additional types and amounts of insurance that may be required by Owner - None
6. List by name other persons or entities to be included on policy as additional insured.
a. "Todd A. Tripp, P.E.""
SC-10 - General Conditions. Add the following language at the end of the last sentence of
Paragraph 6.02 B.
"Regular working hours shall be between 8:00 a.m. and 5:00 p.m. No work shall be done
between 6:00 p.m. and 7:00 a.m. nor on Saturday, Sundays or State and Federal legal holidays
without permission of Owner. However, emergency work may be done without prior
permission. Night work may be undertaken as a regular procedure with the permission of Own-
er. Such permission, however, may be revoked at any time by Owner if Contractor fails to main-
tain adequate equipment and supervision for the proper prosecution and control of the Work at
night."
SUPPLEMENTARY CONDITIONS 00800 - 3
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SC-I I- General Conditions. Amend the paragraph by making two subparagraphs under the
title C. Engineer's Evaluation. The paragraph text is retitled, 6.05.C.2 After Effective Date of
Agreement. A new paragraph is added before this paragraph to read as follows:
' "1 . During Bidding. The Contract, if awarded, will be on the basis of materials and
equipment specified or described in the Contract Documents, or "or-equal" materials and
' equipment as defined in paragraph 6.05 of the General Conditions. The materials and equipment
described in the Bidding Documents establish a standard of required type, function, and quality
to be met by any proposed substitute or "or equal" item. Request for Engineer's clarification of
materials and equipment considered "or-equal" prior to the Effective Date of the Agreement must
be received by the Engineer at least 5 days prior to the date for receipt of Bids. No item or
material or equipment will be considered by Engineer as a substitute prior to receipt of bids. The
Contractor must necessarily base his pricing on specified or equal materials. Substitutes may be
considered as part of the Contractors submittals provided the substitution results in a contract
price reduction and offers acceptable performance. Acceptability of substitutions shall be
' determined by the Engineer and his evaluation and judgment is final. The burden of proof of the
merit of the proposed item is upon the Bidder. Engineer's decision of approval or disapproval of
a proposed item will be final. If Engineer approves any proposed substitute item, such approval
will be set forth by Change Order."
SC-12 - General Conditions. No Change.
' SC-13 - General Conditions. Add the following new paragraph C immediately after
paragraph 6.19B.
' "C. Except as otherwise specified all work shall be guaranteed by the CONTRACTOR and
his sureties against defects resulting from the use of faulty or inferior materials, equipment, or
' workmanship for one year from the date of final completion of the work as signified by ac-
knowledgment of receipt of Final Payment by the CONTRACTOR, or from date of notice of
Substantial Completion or use of the facility by the OWNER, whichever is earlier, or from the
date of final completion as established by the OWNER, the ENGINEER and the
CONTRACTOR in ajomt meeting as applicable."
' SC-14 - General Conditions. Add the following language at the end of the last sentence of
paragraph 14.04.A.
' "Substantial completion means that water can be collected and transported to the satisfaction of
the Engineer. All equipment shall be installed and operational".
' To be considered substantially complete, the following portions of the Work must be operational
and ready for Owner's continuous use as intended:
Water Main Lines and Service Lines and Meters
Hydrants and Valves
Roadway
SUPPLEMENTARY CONDITIONS 00800 - 4
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' Drainage Features
Erosion Control
Portions of the Work not essential to operation, which can be completed without interruption of
operation, may be completed after the work is accepted as substantially complete, and may
include the following items:
' Final Grading and Drainage
Seeding and Mulching
SC-15 - General Conditions. Add the following language at the end of the last sentence of
paragraph 14.05 A.I.
"Such taking possession or use will not be deemed an acceptance of any Work not completed in
accordance with the Contract Documents. Owner's use of any facilities so identified in the
' Contract Documents will not be grounds for extension of the Contract Time or change in the
Contract Price. Owner's use of any facilities not specifically identified in the Contract
Documents will be in accordance with conditions agreed to prior to such use, and any extra costs
t or delays in completion incurred and properly claimed by contractor will be equitably adjusted
with a Change Order."
SC-17 - General Conditions - Davis-Bacon and Related Acts - Not Applicable
SC-18 Work on the State Highway Right-of-Way: All work within the right-of-way of N.C.
' Department of Transportation shall be accomplished in a manner and be subject to the approval
of the NC Department of Transportation officials and the Engineer. Permission for and the
acceptance of any work done within the right-of-way controlled by the Department of
' Transportation will be the Contractor's responsibility. The Contractor shall post bond as
required by the Department of Transportation. Work shall be in accordance with the NC
Division of Highways, "Policies and Procedures for Accommodating Utilities on Highway
Right-of-Way, latest edition". Traffic control shall be in accordance with Manual on Uniform
Traffic Control Devices, latest edition, (MUTCD) including North Carolina Supplement to the
' MUTCD. The Contractor shall notify the District Engineer, Telephone ((19) 946-3689, a
minimum of 48 hours prior to beginning the work. Refer also to the terms and conditions of the
NC DOT Right-of-Way Encroachment Agreement contained in these Contract Documents.
r SC-19 Work on Railroad Right-of-Way: NOT APPLICABLE
' SC-20 Safety Provisions: During excavation, material suitable for back-filling shall be piled
in an orderly manner a sufficient distance from the banks of the trench to avoid overloading,
prevent slides or cave-ins, and to provide adequate access to the work. The Contractor shall
' comply with the "Rules and Regulations Governing the Construction Industry" as promulgated
for the Health, Safety, and General Welfare of Employees by the Commission of Labor under
General Statutes of North Carolina, Section 95-131. All adopted standards are included in
SUPPLEMENTARY CONDITIONS 00800 - 5
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' 13NCAC Subchapter 7 C. The counterpart federal standard is 29 CFR Part 1926 including all
revisions and amendments. Scope as follows:
The Rules and Regulations shall apply to Trenching, Excavation, Demolition, Building
Construction Work and all operations pertaining thereto."
' a. Particular reference is made to the following paragraphs of Subpart P, entitled
"Excavations".
652. In excavations greater than or equal to 5' in depth, the sides of the excavations
shall be shored or braced in accordance with the applicable regulations unless the sides are
sufficiently sloped to eliminate all possibility of a cave-in.

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651.i. Where workmen are engaged near the edge of the excavation, undercutting of
banks or walls is prohibited unless adequately protected.
651.j. Materials which are excavated shall be placed so that the base of the pile is not
less than 2' from the edge of the excavation or by the use of adequate retaining devices or by
combining both of the above where necessary.
651.c. Proper and adequate means of egress requiring lateral movements of no more than
25 feet shall be provided at all times from excavations and trenches that are 4 feet or more in
depth: either by ramps, stairways or ladders. These means of egress shall conform to rules
governing ramps, stairways, and ladders and located so as to be accessible to workmen at all
times.
651.k. The Contractor shall maintain on the job site a "Competent Person" having had
specific training in, and being knowledgeable about soils analysis, the use of protective systems,
and the requirements of standard 1926.650 of the Federal Register, 29 CFR Part 1926.

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b. In addition to the Safety Provisions specified herein, the Contractor shall assume
responsibility for and comply with the Department of Labor Safety and Health regulations for
construction promulgated under the Occupational Safety and Health Act of 1970 (PL 91-54).
Where the requirements of these acts are in excess of those requirements specified, the
requirements of these acts shall govern. Should the plans and/or specifications require materials
or methods in conflict with the Safety and Health Regulations, it shall be the responsibility of the
Contractor to request of the Engineer any changes which may be necessary.
c. Where work is adjacent to street and highways, the Contractor shall conduct the work in a
manner which will avoid the accumulation of earth from his operations on the traffic areas of the
adjacent streets or roadways. He shall continuously remove such accumulations and where
necessary broom or wet down traffic areas to prevent dust.
d. The General Contractor shall be responsible for and enforcement of overall on-site
project safety.
SUPPLEMENTARY CONDITIONS 00800 - 6
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' SC-21 Use of Explosives: The use of explosives shall not be allowed.
SC-22 Conflict with Surface Obstructions: The Owner will furnish the Contractor with all
necessary rights-of-way for the prosecution of the work. The rights-of-way herein referred to are
understood to mean only the permission to use and pass through the location or space in any
street or highway, or through any public or private property in which the Contractor is to
construct the work
a. The Contractor shall not cut, trim or damage in any way any tree or large shrub along the
line of the work without the permission of the Engineer and Owner in each case. The Engineer
reserves the right to forbid the use of any machine or any method of work that, in his opinion, is
likely to cause damage to trees and other vegetation.
' b. The Contractor shall be responsible for all poles, posts, fences, or any other structures or
objects existing along the lines of his work within or without the limits of the excavation.
1 He shall shore or otherwise support them when necessary and shall repair and make good
any damage caused thereto by his work. All culverts, bridges, curbs and gutters,
driveway entrances, driveways, mailboxes or other structures or objects destroyed or
' disturbed in the execution of the contract shall be properly repaired or replaced by the
Contractor as part of his obligations under the contract with no direct payment therefore
as set forth in the Basis of Payment section of these Contract Documents.
SC-23 Separation of Water and Sanitary Sewer Lines: Whenever a water main crosses over
a sanitary sewer line and local conditions prevent a vertical separation 18 inches or more from
top of sanitary sewer to bottom of water main, the water main shall be constructed of ductile iron
pipe with mechanical or push-on joints for a lateral distance measured at right angles to the sew-
er of at lease 10 feet on each side of the sewer. One full length of water main shall be
' centered over the sanitary sewer. The existing sanitary sewer line, if constructed of nonferrous
material, shall be removed and constructed also of cast iron or ductile iron pipe with mechanical
or push-on joints for a lateral distance measured at right angles to the water main of at least
10-feet on each side of the water main. One full length of sanitary sewer shall be centered over
the water main.
' Whenever a water main crosses under a sanitary sewer line, both the water main and the sanitary
sewer shall be constructed of ferrous materials and with joints equivalent to water main standards
for a distance of 10 feet on each side of the point of crossing. A section of water main pipe shall
be centered at the point of crossing.
Whenever a water main parallels an existing sanitary sewer line and local conditions prevent a
horizontal separation of 10 feet or more, a minimum vertical separation of 18-inches shall be
maintained from the top of sewer main to the bottom of the water main.
SC-24 Barricades and Warning Signs: The Contractor shall provide and maintain all
necessary barricades, suitable and sufficient red lights, danger signals, detour, and other signs,
provide a sufficient number of watchmen and flagmen, and take all necessary precautions for the
SUPPLEMENTARY CONDITIONS 00800 - 7
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' protection of the work and the safety of the public. Highways, street and pedestrian walks closed
to the traffic shall be protected by effective barricades and obstructions shall be illuminated at
night. Suitable warning signs, illuminated at night by lanterns or flares, shall be provided to
mark the places where areas have been disturbed and work has not been completed. All lights
for this purpose shall be kept burning from sunset to sunrise. Signs for protection of the work
and the safety of the public shall conform to requirements contained in Part II of the Manual of
Uniform Traffic Control Devices for Streets and Highways, latest edition and shall also include
Part VI-Traffic Controls for Street and Highway Construction and Maintenance Operation, North
Carolina Supplement to the MUTCD. The Contractor will be held responsible for all damages to
the project due to the failure of the signs and barricades to properly protect the work from traffic,
pedestrians, animals, and from other sources. The Contractor shall finally remove all barricades,
danger, and detour signs as directed by the Engineer.
SC-25 Replacement of Grassy Areas: All existing grassed or seeded areas damaged by the
Contractor shall be replaced with the same type of grass as the adjourning area without
1 additional cost to the Owner. The Contractor, at his option, may seed such areas and maintain
them until a satisfactory stand of grass is obtained or may sprig or sod the areas to obtain the
same result. A repaired area shall considered satisfactory when a stand of grass is obtained and
is growing vigorously. The Contractor shall provide lime and fertilizer as may be required and
water for maintaining the areas until accepted by the Engineer.
' SC-26 Surveys, Lines, and Grades: The Owner will provide all land surveys, base lines and
points for locating the principal component parts of the work together with a suitable number of
bench mark adjacent to the work. Form the information provided by the Engineer, the Contrac-
tor shall develop all construction staking required. The Contractor shall carefully preserve all
bench marks and reference points provided by the Engineer and in case of willful or careless de-
struction thereof, the Contractor shall be charged with the resulting expense and shall be respon-
sible for any mistakes that may be caused by their unnecessary loss or disturbance. See also Sec-
tion 4.05, Reference Points, of the General Conditions.
' SC-27 Protection of Land Resources: It is intended that the land resources outside the limits
of permanent work performed under this contract be preserved in their present condition or be
restored to a condition after completion of construction that will appear to natural and not detract
from the appearance of the project. Insofar as possible, the Contractor shall confine his
construction activities to areas defined by the plans or specifications and to areas to be cleared
' for other operations indicated on the plans. The following additional requirements are intended
to supplement and clarify the requirements of the technical sections of these specifications.
Except in areas marked on the plans to be cleared, the Contractor shall not deface, injure, or
destroy trees or shrubs, nor remove or cut them without special authority. No ropes, cables, or
guys shall be fastened to or attached to any existing trees for anchorages unless specifically
authorized by the Engineer and Owner. Where such special emergency use permitted, the
Contractor shall first adequately wrap the trunk with a sufficient thickness of burlap or rags over
which softwood cleats shall be tied before any rope, cable, or wire is placed. The Contractor
shall in any event be responsible for any damage resulting from such use.
SUPPLEMENTARY CONDITIONS 00800 - 8
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The Refuge
Site Grading and Entrance Roadway
Any trees or landscape feature scarred or damaged by the Contractor's equipment of operations
shall be restored as nearly as possible to its original condition at the Contractor's expense. The
Engineer will decide what method of restoration shall be used and whether damaged trees shall
' be treated and healed or removed and legally disposed of by the Contractor.
The Contractor shall obliterate all signs of temporary construction facilities such as haul roads,
' work areas, structures, foundations of temporary structures, stockpiles of excess or waste
materials, or any other vestiges of construction as directed by the Engineer.
The Contractor shall contain all construction work on the project to the property and easement
areas shown on the plans. Under no circumstances will the Contractor encroach beyond the
disrupted easement boundary during construction with equipment, vehicles, material storage, or
any other activity.
SC-28 Protection of Water Resources: During and after the construction of project, or upon
crossing or paralleling any water course or water body with a pipeline, surface drainage from
cuts and fills within the construction limits, whether or not completed, and from borrow and
waste disposal areas, shall, if turbidity producing materials are present, be held in suitable
sedimentation ponds or shall be graded to control erosion with in acceptable limits. Temporary
erosion and sediment control measures such as silt fences, hay bales, berms, dikes, drains, or se-
dimentation basins, if required to meet the above standards, shall be provided and maintained
until permanent drainage and erosion control facilities are completed and operative. The area of
bare soil exposed at any one time by construction operations should be held to a minimum and
all vegetation that can be left in pace shall remain unharmed. All disturbed areas must be seeded
' and mulched within 30 calendar days after disturbing activity has ceased. All rules and
regulations of the Sedimentation Pollution Control Act of 1973 as amended, if not exceeded by
these specifications, will be adhered to during and after construction.
SC-29 Time for Completion and Liquidated Damages: The Contractors shall commence
' work to be performed under this Agreement on a date to be specified in a written order from the
Owner and shall fully complete all work hereunder within the contract time contained in the
Agreement. For each calendar day in excess of the above number of days, the several
Contractors shall pay to the Owner the sum as contained in the Agreement as liquidated
damages, not as a penalty, but reasonably estimated in advance to cover the losses to be incurred
by the Owner by reason of failure of said several Contractors to complete the work within the
time specified, such time being in the essence of this Contract and a material consideration the-
reof.
Any requests for additional time as a result of delays shall be made in accordance with provision
of the General Conditions.
If requests for additional time are not made in accordance with these aforementioned
requirements, the Contractor thereby waives any and all claims for additional time and extra
costs.
SUPPLEMENTARY CONDITIONS 00800 - 9
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The Owner shall have the right to deduct the liquidated damages from any money in its hands
otherwise due, or to become due, to Contractor, or to sue for and recover compensation for
damages for nonperformance of this contract within the time stipulated.
SC-30 Record Drawings: The Contractor shall be responsible for preparing and submitting
Record Drawings simultaneously with the periodic payment requests. No partial payment will
be made until after the Record Drawings are reviewed and accepted. Upon approval, the
Contractor shall submit to the Engineer a mylar reproducible of the approved Record Drawings.
The Record Drawings shall include, if applicable, both water and sewer combined on each
drawing. Record drawings shall be maintained by the Contractor concurrent with the
construction by red-lining changes as they occur on the plans. The Engineer will ask to see these
red-lined prints periodically and at the time of measurement for quantities of the pay estimate.
SC-31 Cost of Excess Engineering: When the construction time exceeds the time stated in
the Bid, the Contractor shall be liable for any and all additional costs incurred by the Owner for
additional engineering and project representative fees which occur as a result of the contract time
being exceeded.
SC-32 All chemicals used during project construction or furnished for project operation,
whether herbicide, pesticide, disinfectant, polymer, reactant or of other classifications must show
approval of either EPA or USDA. Use of all such chemicals and disposal of residues shall be in
strict conformance with instructions.
SC-33 Disposal of Surplus Material: Upon completion of backfilling operations, all excess
earth, broken pavement, rock, shoring and other materials and debris resulting from the
operations shall be removed from the work areas and legally disposed of by the Contractor. He
shall find his own disposal areas and bear all costs arising form the legal disposal of this excess
material and debris.
SC-34 Final Inspection and Tests: When construction is completed and prior to final
acceptance, the Contractor shall place all project facilities in operation and make all necessary
adjustments and corrections for proper operation in the presence of the Engineer and Resident
Project Representative. The tests shall be made under conditions simulating as nearly as
practicable those which will be obtained in operation and shall show conclusively that the
requirements of the Contract Documents have been fulfilled.
SC-35 List of Drawings: See cover sheet of drawings for a list of drawings designated for
this project.
SC-36 The Contractor shall be responsible for compliance with the erosion plan approval
conditions as stated in the Letter of Approval hereby attached and made a part of the Contract
Documents. Cost of compliance shall be included in accordance with the Basis of Payment.
SC-37 NC Department of Transportation Encroachment Agreement. -Not Applicable.
SUPPLEMENTARY CONDITIONS 00800- 10
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Site Grading and Entrance Roadway
SC-38 -Omitted
SC-39 US Army Corps of Engineers Nationwide Permit - Contractor shall comply with all
conditions of the Nationwide Permit and cost of compliance shall be included in the bid prices.
Wetland crossings are shown on the plans.
SC 40 CSXT Encroachment Agreement-Not Applicable
SC-41 Owner/Engineer
Owner: Owner is Son Set Ministries, Incorporated acting through its and their duly authorized
agents. All notices, letters, and other communications directed to Owner shall be addressed and
delivered to P.O. Box 5247 Kinston, NC 28503, phone: [phone]..
Engineer: All duties and responsibilities assigned to Engineer in the Contract Documents, with
the corresponding rights and authority, will be assumed by Todd A. Tripp, PE , unless otherwise
assumed by the Owner. Communication to the Engineer are to be delivered to P.O. Box 1303
Bethel, NC 27812.
SC-42 Resident Project Representative - Not Applicable.
SC-43 Not Applicable
SC-44 Delete paragraph 11.03 C in its entirety and insert the following in its place:
"The Bidder agrees that the Owner may increase or decrease the quantities stated in all items in
the Bid Form at the unit prices quoted for the appropriate item. The final quantity of the bid
items shall be the measured in-place quantities. All measurements will be verified and approved
by the Engineer prior to final payment."
END OF SECTION
SUPPLEMENTARY CONDITIONS
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SECTION 01010 - SUMMARY OF WORK
PART 1 - GENERAL
The Refuge
Site Grading and Entrance Roadway
1.1 WORK COVERED BY CONTRACT DOCUMENTS
A. Work described in these contract documents includes the provision of all plant, labor,
materials, equipment, and services required to complete the work for a complete and
first class job.
1.2 CONTRACTS
A. The project construction will be let under one prime Contract: Site Grading and Storm
Drainage to Serve the Refuge..
1.3 CONTRACT DESCRIPTION
A. The description of each contract which follows is not all inclusive in listing the work
of any contracts. The descriptions are abbreviated to provide a summary of the scope
of the project to aid in the understanding and coordination. The Contractor shall refer to
the applicable sections of these specifications for detailed description of the work
involved and also refer to the contract drawings for the division of work indicated
thereon. A summary of work is as follows:
1. Construction of a new roadway, new access drive, storm drainage culverts,
drainage features and building pads as indicated on the plans.
2. The earthwork and road construction shall conform to NCDOT Standards in terms
of the quality of the construction including topsoil stripping, disposal of unused or
unsuitable material, fine grading, compaction, soil testing, proof rolling, remedial
work, under-cut, provision and placement of select off-site backfill, aggregate
base course, and miscellaneous materials, mobilization and supplies. The project
will not, however, be reviewed or accepted by NCDOT except in regards to the
driveway permit connection to the NCDOT road. The new road and the new
drive shall remain private roadways.
3. Construction of all storm drainage, drop inlets, curb and gutter, outlet protection,
rip rap, ditches and ditch linings and appurtenances as shown in the plans.
END OF SECTION
SUMMARY OF WORK
DAProjects\Todd A Tripp PE\The Refuge\Specs\01010 Summary of Work.doc
01010-1
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Site Grading and Entrance Roadway
SECTION 01090 - ABBREVIATIONS AND SYMBOLS
PART 1 - GENERAL
1.1 REFERENCE TO APPLICABLE STANDARDS
A. Whenever reference is made to codes, standard specifications, or other data published
by regulating agencies or accepted organizations, it shall be understood that such
reference is made to the latest edition of that standard published prior to the issuing
date of the contract, unless otherwise indicated.
1.2 ABBREVIATIONS
AA - Aluminum Association
AASHO - American Association of State Highway Officials
ACI - American Concrete Institute
ACSR - Aluminum Cable Steel Reinforced
AFBMA - Anti Friction Bearing Manufacturers Association
AGA - American Gas Association
AGC - Associated Gear Manufacturers Association
AGMA - American Gear Manufacturers Association
AHDGA - American Hot Dip Galvanized Association
AISC - American Institute of Steel Construction
AISI - American Iron and Steel Institute
AMCA - Air Moving and Conditioning Association, Inc.
ANSI - American National Standards Institute (formerly "USASI" - United
States of American Standards Institute)
API- - American Petroleum Institute
AREA - American Railway Engineering Association
ABBREVIATIONS AND SYMBOLS 01090 - 1
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Todd. Tripp, P.E.
The Refuge
Site Grading and Entrance Roadway
ASCE - American Society of Civil Engineers
ASHRAE - American Society of Heating, Refrigerating and Air Conditioning
Engineers
ASME - American Society of Mechanical Engineers
ASSCBC - American Standard Safety Code for Building Construction
ASTM - American Society for Testing Materials
AWI - Architectural Woodwork Institute
AWPA - American Wood Preservers Association
AWS - American Welding Society
AWWA - American Water Works Association
CBM - Certified Ballast Manufacturers
CBRA - Copper and Brass Research Association
CRSI - Concrete Reinforcing Steel Institute
CS - United States Department of Commerce Commercial Standards
DEMA - Diesel Engine Manufacturers Association
FS - Federal Specifications
IEEE - Institute of Electrical and Electronic Engineers
IPCEA - Insulated Power Cable Engineers Association
MIL - Military Specifications
MRDTI - Metal Roof Deck Technical Institute
NEC - National Electrical Code
NEMA - National Electrical Manufacturers Association
NFPA - National Fire Protection Association
ABBREVIATIONS AND SYMBOLS
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Site Grading and Entrance Roadway
NSF - National Sanitation Foundation
NScF - National Science Foundation
NWMA - National Woodwork Manufacturers Association
NCDOT - North Carolina Department of Transportation Standard
Specifications for Roads and Structures
NCBC - North Carolina State Building Code
OSHA - U.S. Department of Labor, Occupational Safety and Health
Administration
PCA - Portland Cement Association
PCI - Prestressed Concrete Institute
PS - United States Department of Commerce Voluntary Products
Standards
SAE - Society of Automotive Engineers
SDI - Steel Deck Institute
SJI - Steel Joist Institute
SSPC - Steel Structures Painting Council
UL - Underwriters' Laboratories, Inc.
USDA - United States Department of Agriculture
END OF SECTION
ABBREVIATIONS AND SYMBOLS
D:\Projects\Todd A Tripp PE\The Refuge\Specs\01090 Abbreviations and Symbolsdoc.doc
01090 - 3
I Todd A. Tripp, PE

SECTION 01270
The Refuge
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UNIT PRICES
PARTI GENERAL
1.01 SECTION INCLUDES
A. Delineation of measurement and payment criteria applicable to Work performed
under Contract by the unit price payment method.
1.02 FIELD MEASUREMENT
A. Take measurements and compute quantities for submittal of the monthly pay request
unless specified otherwise in the measurement paragraphs as indicated in this
Section.
1.03 CHANGE IN QUANTITIES
A. Increase in the quantity of a bid item above what is indicated in the Bid Form shall
only be made by a Change Order as required by the Contract Documents.
B. A final adjusting Change Order shall be made for adjustment of the actual quantities
installed prior to submittal of the final pay request.
1.04 GENERAL
A. Method of measurement for the individual Bid Items shall be as specified below.
B. Payment for each item shall be in accordance with the Contract Unit Price times the
number of units installed in accordance with the Contract Documents.
C. Work for each bid item shall include, but not be limited to, the work listed below and
the labor, materials, equipment, and services required and reasonably implied by the
Contract Documents for a complete installation.
D. Administrative cost including, but not limited, to mobilization, bonds, insurance,
shop drawing submittal, construction trailers, and office administration for the
Project construction shall be included in the individual unit price items.
1.05 UNCLASSIFIED EXCAVATION - ITEMS 1 & 2
A. Payment shall be at the lump sum price based upon completion of the road
embankments and building pads to the finished elevations and slopes per the
Contract Documents.
B. Payment shall be for the labor, material, equipment, and accessories required for a
complete installation including, but not limited to, the following:
C. Topsoil stripping, stockpiling and spreading on road shoulders and non-traffic areas
after the completion of the grading.
D. Backfilling of area stripped of topsoil and filling from existing grades to new
subgrade elevation. Providing borrow material for backfilling and filling.
E. Protection of existing service lines and utility structures.
F. Maintenance and stability of site grading.
UNIT PRICES 01270-1
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I. Soil loading, transport and other borrow source costs; however, the actual purchase
of soil, if required, is by the Owner and is not included in the bid price.

1.06 UNDERCUT UNSUITABLE MATERIAL AS DIRECTED AND PROVIDE
BACKFILL OF SUITABLE MATERIAL VATION - ITEM 3
A. Payment shall be at the unit bid price based upon measurements of the undercut
areas converted to a calculated volume. Undercut will be paid only when authorized
by the Engineer based upon poor soil conditions. Bidder should note that soil
conditions appear to be generally acceptable for construction since the site is
adjacent to a working sand mine. This item is a contingency against unexpected
poor soil conditions. In the event of poor subgrade materials, Owner will provide
suitable soils through agreement with the sand mine, or from spoils created by
proposed cuts on the site. Bid price is for the excavation and filling of the
excavation and includes the items described below.
B. Payment shall be for the labor, material, equipment, and accessories required for a
complete installation including, but not limited to, the following:
C. Topsoil stripping, stockpiling and spreading after the completion of the grading.
D. Backfilling of area stripped of topsoil and filling from existing grades to new
subgrade elevation. Providing borrow material for backfilling and filling.
E.
F Protection of existing service lines and utility structures.
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H Disposal of waste and surplus material.
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1. Soil purchase, transport and other borrow source costs; however, the actual purchase
' of soil, if required, is by the Owner and is not included in the bid price.
1.07 DRAINAGE STRUCTURES - ITEMS 4 THROUGH 7
Payment for this item will cover materials, installation, testing, repairs of the damage to the site
and all items required for a completed installation approved by the Engineer. The work shall
include the pipe, the bedding preparation, laying of pipe, a flared-end section at each end of the
culvert pipe, an outlet apron as required by the plans, backfill, and other items required for a
finished culvert as specified and shown on the plans.
1. Drainage Structure 1 - Omit - Already Exists.
2. Drainage Structure 2 - Approximately 30 LF of 18" RCP.
I 3. Drainage Structure 3 - Approximately 30 LF of 24" RCP.
4. Drainage Structure 4 - Approximately 30 LF of 15" RCP.
UNIT PRICES 01270-2
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The Refuge
1.08 TEMPORARY SEDIMENT TRAP - ITEM 8
This item shall be paid for in accordance with the unit bid price each for each temporary
sediment trap installed as shown and detailed on the plans. These items shall include all
costs for labor, materials, installation, and maintenance until all disturbed areas have
produced the required permanent ground cover and complete removal of the temporary
sediment trap thereafter at the direction of the Owner's representative.
1.09 SILT FENCE - ITEM 9
I This item shall be paid for in accordance with the unit bid price per lineal foot for silt
fence installed as shown on the plans and/or directed by the Engineer. These items shall
include all costs for labor, materials, installation, and maintenance until all disturbed
areas have produced the required permanent ground cover and complete removal of the
silt fence thereafter at the direction of the Owner's representative.
1.10 GRUBBING & STUMP REMOVAL FOR CLEARED AREAS - ITEM 10
Payment shall be at the unit bid price per acre. Measurement shall be to the nearest tenth
acre as measured on the horizontal. Payment shall include safe demolition of the
grubbing of roots in this formerly wooded area as required to present a neat and clean
appearance ready for seedbed preparation and free of all stumps and roots and shall
include legal disposal of all debris onsite at locations to be agreed upon by landowner
including demolition, removal, coordination and related work.
1.11 TEMPORARY DIVERSION BERM - ITEM I 1
Payment shall be at the unit bid price per linear foot of berm installed. Measurement
shall be to the nearest foot as measured on the horizontal.
1.12 CONSTRUCTION ENTRANCE - ITEM 12
Payment shall be at the unit bid price per each construction entrance constructed.
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1.13 SEEDING AND MULCHING - ITEM 13
Payment shall be at the unit bid price per acre seeded per the specifications..
1.17 SOIL TESTING ALLOWANCE - ITEM 14
Payment for this item shall be at the lump sum bid price. Payment at the lump sum bid
price shall include all costs of labor, equipment, reporting and laboratory work required
to provide soils testing where requested by the Owner for verification that the work
conforms to specification. Payment for the work shall be based upon a schedule of
values submitted by the soil testing agency applied to the work actually requested by
Owner and actually performed and reported in accordance with the applicable ASTM
Standards.
UNIT PRICES 01270-3
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1.18 UNCLASSIFIED EXCAVATION - ITEM A-1
A. Payment shall be at the lump sum price based upon completion of the building pads
to the finished elevations and slopes per the Contract Documents.
B. Payment for the earthwork shall be in accordance with the Contract unit bid price for
the earthwork as required by the Contract Documents. Payment shall be for the labor,
material, equipment, and accessories required for a complete installation including,
but not limited to, the following:
C. Topsoil stripping, stockpiling and spreading after the completion of the grading.
t D. Backfilling of area stripped of topsoil and filling from existing grades to new
subgrade elevation. Providing borrow material for backfilling and filling.
E. Protection of existing service lines and utility structures.
F. Maintenance and stability of site grading.
G. Disposal of waste and surplus material.
H. Traffic control, signage and coordination.
1. Soil loading, transport and other borrow source costs; however, the actual purchase
of soil, if required, is by the Owner and is not included in the bid price.
1.19 FILL WETLAND AREA SHOWN ON W-1 AT THE SITE OF THE FUTURE
WORSHIP FACILITY N - ITEM A-2
A. Payment shall be at the bid price based upon completion of the building pad to the
finished elevations and slopes per the Contract Documents.
B. Payment shall be at the unit bid price based upon measurements of the building pad
original contours versus the finished contours by average end method of calculated
volume. As an alternate Owner and Contractor may agree to measure this quantity by
approved truck count or alternate means. Payment shall be for the labor, material,
equipment, and accessories required for a complete installation including, but not
limited to, the following:
C. Topsoil stripping, stockpiling and spreading after the completion of the grading.
D. Backfilling of area stripped of topsoil and filling from existing grades to new
subgrade elevation. Providing borrow material for backfilling and filling.
E. Protection of existing service lines and utility structures.
F. Maintenance and stability of site grading.
G. Disposal of waste and surplus material.
H. Traffic control, signage and coordination.
1. Soil loading, transport and other borrow source costs; however, the actual purchase
of soil, if required, is by the Owner and is not included in the bid price.

UNIT PRICES 01270-4
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1.20 ABC STONE - ITEMS A-3 & A-4
A. Measure by the square yard.
B. Payment at the unit price includes all subgrade stone to the thickness required (ABC)
including provision, transport, placement, compaction testing and submittals.
C. Any differences in the excavation and fill quantities caused by the selection of this alternate
and the installation of the ABC shall be included in the cost of this item.
PART 2 EXECUTION
Not Used
END OF SECTION
UNIT PRICES 01270-5
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SECTION 01300 - SUBMITTALS
I PART 1 - GENERAL REQUIREMENTS
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A. This section includes, but is not limited to, requirements for the following:
1. Schedules
2. Certificates
' 3. Schedule of Values
4. Shop Drawings
1 5. Samples
6. Operation and Maintenance Instructions
' 7. Record Drawings
1.2 SCHEDULE OF CONSTRUCTION
A. As soon as practicable after the execution of the Contract Agreement and before any
construction activity, submit a schedule of construction activities. The schedule shall
be, as a minimum, a bar graph indicating the series of activities proceeding either
separately or concurrently required to complete the project within the allotted time.
Indicate expected cash flows on the chart. Update schedule at job quarter points or
more frequently as required by the Engineer.
B. Provide the name and a brief resume of the foreman for each contract. Also, provide
the number of hours per week the foreman will be on the job site. Should the schedule
change, the Engineer will be notified in advance unless the foreman will be on-site
full time the Contractor will provide and name as assist foreman as well and provide
his schedule and qualifications as well. The foreman shall have responsible charge of
all crews. The assistant foreman will be in charge in the foreman's absence. The
foreman or assistant foreman shall be present on the project site at all times that
construction is underway.
1.3 SCHEDULE OF CONSTRUCTION
A. Submit a list of suppliers to the Engineer as soon as practicable after issuance of the
Notice to Proceed.

SUBMITTALS 01300-1
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1.4 SCHEDULE OF CONSTRUCTION
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A. If indicated in the respective section of these specifications or if requested by the
Engineer, furnish an affidavit from the manufacturer certifying that the materials or
products delivered to the project meet the specifications. However, certification shall
not relieve the Contractor of responsibility for complying with any additional
requirements of installation.
1.5 SHOP DRAWINGS
A. Submit shop drawings for review as required. Work requiring shop drawings shall not
be started until after the Engineer's review has been obtained. Submit at least six copies
of each shop drawing. The Engineer will retain four copies.
B. The Contractor shall thoroughly check the shop drawings for completeness and
compliance with the Contract Documents and verify all dimensions, field
measurements, field construction criteria, and coordinate the shop drawing with the
requirements of the other related work as required for proper and complete installation
of the work. Shop drawings will be approved and signed by the Contractor prior to
submittal to the Engineer.
C. Shop drawings shall consist of drawings, diagrams, illustrations, schedules,
performance charts, brochures and other data, prepared for a portion of the work. Shop
drawings shall indicate the type, size, quantity, arrangement, location, mode of
operation, component materials and/or material certification, utility connections, wiring
and control diagrams, anchorages, supports, performance and test data, factory-applied
coatings, and any other information necessary to ensure satisfactory fabrication,
installation and operation of the completed project. Shop drawings shall establish the
actual detail of all manufactured or fabricated items, indicate proper relation to
adjoining work, amplify design details of mechanical and electrical equipment in proper
relation to physical spaces in the structure, and incorporate minor changes of design or
construction to suit actual conditions.
D. The Contractor shall notify the Engineer in writing at the time of submission of the
deviation in submittals from the requirements of Contract Documents.
E. The Engineer's review of the shop drawings shall not relieve the Contractor of the
responsibility for complete compliance with the contract requirements.
F. The Engineer shall review submittals for design concept and information given in the
Contract Documents.
G. As a minimum, the Contractor shall provide certifications for the pipe and major
components used on the project with a project specific affidavit from the supplier or
manufacturer attesting the products' conformance with the projects' plans and
SUBMITTALS 01300-2
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' specifications. The Contractor shall note any variations between the specified
components and the components actually supplied by listing such variations on the
cover letter of the submittal. Failure of the Engineer to correct these deficiencies or
' variations will not be considered in the determination of a remedy if non-specified or
nonstandard items are discovered by inspection after they are installed unless explicit
and specific approval of the non-standard items is obtained in the review of shop
drawings. The Contractor is responsible for review and familiarization with the
Contract Documents. The following items must be covered by submittals.
' • Pipe and fittings
• Asphalt mixes for patching
• Seed and fertilizer mixtures
' • Compaction, backfill and pipe installation procedures for each pipe size
• Castings
' • Concrete and concrete reinforcement
• Stone thickness and density
• Pavement thickness
' 1.6 SAMPLES
A. Submit samples as indicated. Samples shall be physical examples to illustrate the
' materials and workmanship. They shall be submitted in sufficient size and quantity to
clearly illustrate the functional characteristics of the product or material, with integrally
related parts and attachment devices, and the full range of color to be provided.
1.7 OPERATION AND MAINTENANCE INSTRUCTIONS - Not Applicable
1.8 CONSTRUCTION RECORD DRAWINGS
A. On completion of the work, one print of each of the drawings accompanying this
' specification shall be neatly and clearly marked in red to show all variations between
the construction actually provided and that indicated or specified in the Contract
Documents and delivered to the Engineer. Where a choice of materials and/or
' methods is permitted herein and where variations in the scope or character of the
work from the entire work indicated or specified is permitted either by award or bidding
items specified for that purpose or by subsequent change to the contract, as-built
drawings shall define the construction actually provided. The representation of such
variation shall conform to standard drafting practice as may be necessary for legibility
' and clear portrayal of the as-built construction; the marked prints shall be subject to
approval before acceptance.
B. It shall not be sufficient to recollect the record changes at completion of the project.
Record drawings must be based upon the redlined drawing maintained by the
Contractor's foreman at all times and continually updated as changes occur.
Measurements to revised locations of utility lines shall be made to fixed landmarks
SUBMITTALS 01300-3
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sufficient to positively locate the utility lines. Persistent failure of the Contractor to
maintain record drawings concurrent with construction may result in the Owner's
purchase of record drawing services as reasonably required to obtain record drawing
information and retainage of funds due the Contractor to cover this cost.
END OF SECTION
SUBMITTALS
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SECTION 01400 - STANDARDS, MATERIALS, AND QUALITY CONTROL
PART 1 - GENERAL
1.1 COORDINATION
Coordinate various elements of the work and entities engaged to perform work; and coordinate
' the work with existing facilities/conditions, and with work by separate contractors (if any) and
Owner.
' 1.2 INDUSTRY STANDARDS
Applicable standards of construction industry have same force and effect on performance of the
work as if copied directly into contract documents or bound and published therewith. Standards
referenced in contract documents or in governing regulations have precedence over non-
referenced standards, insofar as different standards may contain overlapping or conflicting
' requirements. Comply with standards in effect as of date of contract documents, unless
otherwise indicated.
' 1.3 SURVEYING AND RECORDATION
Working from established lines and levels at or near project site, establish and maintain
1 dependable markers for line and levels of the work. Calculate dimensions and measure for
layout of work; do not scale the drawings. Maintain surveyor's log of layout work. Record
deviations (if any) from drawing information on existing conditions, and review with Engineer at
time of discovery. Refer to the Supplementary Conditions section for the requirements for
construction staking and maintaining Record Drawings. Any existing lot corners destroyed or
disturbed by the Contractor shall be replaced to standards for conveyances and sales under the
' General Statutes by a Registered Land Surveyor at no cost to the Owner.
PART 2 - PRODUCTS
2.1 GENERAL
i Receive, store and handle products, materials and equipment in a manner which will prevent
loss, deterioration and damage. Schedule deliveries to minimize long-term storage at project
site. Where possible, provide entire required quantity of each generic product, material or
equipment from a single source; and, where not possible to do so, match separate procurements
as closely as possible. To the extent selection process is under Contractor's control; provide
compatible projects, materials and equipment. Where available and complying with
requirements, provide standard products which have been used previously and successfully in
similar applications, and which are recommended by the manufacturer's recommendations for the
' applications indicated.
' STANDARDS, MATERIALS, AND QUALITY CONTROLS 01400 - 1
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2.2 PRODUCT SELECTIONS
Comply with following for selection of products, materials and equipment:
' Single Product Named: Provide only that product, unless determined to be unavailable,
non-compatible with the work, or non-complying with requirements or governing regulations.
Two or More Products Named: Selection from named products is Contractor's option, provided
selection complies with requirements.
"Or Equal" Clause: Provide named product which complies with requirements, or comply with
' requirements for gaining approval on "substitution" to select and use the unnamed product.
Compliance with Standards: Selection of product which complies with requirements, including
applicable standards, is Contractor's option.
Performance Requirements: Selection of product which has been tested to show compliance
' with requirements, including indicated performances, is Contractor's option.
Prescriptive Requirements: Selection of product which has been certified by manufacturer to
' comply with requirements, including prescriptive requirements, is Contractor's option.
2.3 SUBSTITUTION
' Refer to General Conditions. Requests for substitutions by Contractor will be considered when
reasonable, timely, fully documented and qualifying under one or more of the following
circumstances:
Related to an "or equal" or similar provision in contract documents.
Required product cannot be supplied in time for compliance with Contract Time requirements.
Required product is not acceptable to governing authority, or determined to be non-compatible,
or cannot be properly coordinated, warranted or insured, or has other recognized disability as
' certified by Contractor.
Substantial advantage is offered Owner after deducting offsetting disadvantages including
' delays, additional compensation to Engineer for redesign, investigation, evaluation and other ne-
cessary services, and similar considerations.
' 2.4 SUBMITTALS
Include full documentation, including product data, samples where appropriate, detailed
performance comparisons and evaluations, testing laboratory reports where applicable,
coordination information for effect on other work and time schedule, cost information for
proposed change order, Contractor's general certification of recommended substitution, and
' similar information appropriate to circumstance. See Section 01300 - Submittals.
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PART 3 - EXECUTION
3.1 GENERAL INSTALLATION
A. Comply with manufacturer's instructions and recommendations to extent printed
information is more detailed or stringent than requirements contained directly in
contract documents.
B. Timing: Install work during time and under conditions which will ensure best possible
results, coordinated with required inspection and testing.
C. Anchor work securely in place, properly located by measured line and level, organized
for best possible uniformity, visual effect, operational efficiency, durability, and similar
benefit to Owner's use. Isolate non-compatible materials from contact, sufficiently to
prevent deterioration.
3.2 WARRANTIES
' Refer to the General Conditions, Section 6.19.
3.3 CLEANING AND PROTECTION

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Clean each element of work at time of installation. Provide sufficient maintenance and
protection during construction to ensure freedom from damage and deterioration at time of
completion.
3.4 INSPECTION AND TESTING
A. Provide required inspection and testing services specified to be by independent
agencies, where not indicated specifically as Owner's responsibility (this provision
supplements General Conditions). Neither inspection-and-test results nor failure
thereof to disclose deficiencies relieves Contractor of responsibility to comply with
requirements of contract documents. Cooperate and provide assistance to inspection
and testing agencies (Owner's and Contractor's) during testing and during the taking and
delivery of samples. Patch work as required after any samplings. Require engaged
agencies to perform indicated testing and submit reports promptly; and to report
significant observations having an important bearing on the work to the Engineer by the
most expeditious means possible.
B. Installer Inspections: Require Installer of each major unit of work to inspect substrate
and conditions for installation, and to report (in writing) unsatisfactory conditions.
Correct unsatisfactory conditions before proceeding. Inspect each product immediately
before installation, and do not install damaged or defective products, materials or
equipment.
END OF SECTION
STANDARDS, MATERIALS, AND QUALITY CONTROLS
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I SECTION 01500 - TEMPORARY FACILITIES AND CONTROLS
PART 1 - GENERAL
' 1.1 TEMPORARY BUILDINGS
The Contractor shall provide and maintain throughout the life of the project, temporary
' waterproof buildings for storage of all materials which may be damaged by the weather.
1.2 SANITARY PROVISION
' The Contractor shall provide and maintain such sanitary accommodations for the use of his
employees and those of his subcontractors as may be necessary to comply with the laws and
ordinances of the authority having jurisdiction and the State of North Carolina.
1.3 ENVIRONMENTAL PROTECTION
' Review exposure to possible environmental problems with Owner and Engineer. Establish
procedures and discipline among tradesmen and provide needed facilities which will protect
against environmental problems (pollution of air, water and soil, excessive noise, and similar
problems).
1.4 TRAFFIC CONTROL
A majority of the work under this project must be performed on street and highway rights-of-
way and utility easements.
While it is incumbent upon the Contractor to provide for safety of his personnel and the general
' public, particular attention to safety, traffic flow, proper warning signs and direction shall be
insisted upon throughout the duration of the work. Competent trained signal men shall be
employed and utilized as required to allow safe vehicular traffic movement through the project
' area so long as one or both traffic lanes can be left open, and at any time there is a potential
traffic hazard directly or indirectly from construction operations.
' Although the nature of the project may require that traffic be halted for temporary periods,
vehicular accessibility for local traffic shall be maintained at all times.
' The Contractor shall provide and be responsible for all barricades, warning light signs, signals,
flagmen, and all else required to allow safe vehicular movement in the vicinity of construction
operations.
The Contractor shall adhere to all applicable requirements of the "Manual on Uniform Traffic
Control Devices for Streets and Highways" published by the U.S. Department of Transportation,
TEMPORARY FACILITIES AND CONTROLS 01500 - 1
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Federal Highway Administration, latest edition, and the "North Carolina Supplement to the
"MUTCD" prepared by the North Carolina Department of Transportation.
Contractors including subcontractor's forces shall park their personal vehicles at a central
parking area which may be placed at the construction office or equipment and materials storage
area.
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Unless special written consent is issued by the Engineer and the Owner, all construction shall be
performed during the regular office hours of the Engineer, i.e. 8:00 a.m. to 5:00 p.m. Monday
through Friday. After hours, holiday or weekend work shall include only such tasks that do not
require observation by the Resident Project Representative unless special written consent is
issued by the Engineer.
1.6 TEMPORARY CONSTRUCTION OFFICE
Not Applicable
END OF SECTION
TEMPORARY FACILITIES AND CONTROLS 01500 - 2
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SECTION 02100 - SITE PREPARATION AND EARTHWORK FOR ROADWAYS,
PARKING, BUILDING PADS, AND GENERAL GRADING
PART 1 - GENERAL
1.1 SCOPE
A. Work under this section consists of the provision of all plant, labor, and material to
perform all site preparation for the street paving as indicated herein and/or shown on the
drawings. The work shall include, but is not limited to, the following:
1. Clearing and grubbing
2. Topsoil
3. Excavation for structures
4. Dewatering for structures
5. Use of explosives
6. Protection of existing service lines and utility structures
7. Filling and backfilling
8. Borrow material
9. Soil testing
10. Maintenance and Stability
11. Grading
12. Disposal of surplus material
B. The Contractor shall examine the site to determine the extent of removals, grubbing,
excavating, rough grading, and related items necessary to complete work shown and/or
specified herein. All excavation shall be unclassified and the cost shall be included in
the bid price.
PART 2 - EXECUTION
' 2.1 CLEARING AND GRUBBING
A. The entire area within the construction limit, unless otherwise noted or where property
line permits, shall be cleared and grubbed of all trees, stumps, shrubs, debris, and brush
at the job site.
I B. Roots, matted roots, stumps, and other vegetable matter shall be removed to 6" below
existing ground.
SITE PREPARATION AND EARTHWORK FOR ROADWAYS, PARKING, BUILDING
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C. In foundation sub-grade areas, the grubbed material shall be removed to 6" below the
subgrade.
D. The cleared and grubbed material shall be removed from the construction site and
disposed of by the Contractor at his expense.
2.2 TOPSOIL
A. Materials from the excavations and other disturbed areas suitable for topsoil shall be
removed to an average depth of 6" and deposited in piles separate from other excavated
material. Piles of topsoil shall be located so that the material can be used readily for the
finished surface grading and shall be protected and maintained until needed.
B. After completion of filling, backfilling, and grading, the topsoil shall be spread
uniformly to a depth of not less than 4 inches over the entire disturbed area. The
topsoil shall be compacted lightly in an approved manner. The finished surface shall
be in conformity with the lines, grades, and cross sections shown on the plans and free
from dips, bumps, and irregularities in alignment.
C. The Contractor shall maintain the finished surfaces by preserving, protecting, and
replacing topsoil as may be necessary to keep the work in satisfactory condition until
work under section titled SEEDING is started or the area is otherwise accepted under
the contract.
2.3 EXCAVATION FOR STRUCTURES
A. The sub-grade at the foundation construction level of the new facilities should be rolled
using a vibratory roller weighting a minimum of 20 tons until settlement from four
complete passes does not exceed 1/8 inch. Any soft or unacceptable soils encountered
in the sub-grade should be replaced with structural fill placed and compacted to 100%
of the maximum density in accordance with ASTM D-698.
' B. Excavation carried below the depths indicated, without specific directions, shall be
refilled to the proper grade with thoroughly compacted suitable fill as described in
paragraph A, except that in excavations for footings the concrete shall be extended to
the bottom of the excavations; all additional work of this nature shall be at the
Contractor's expense.
' C. Excavations for Embankments, Under Pavements, Concrete Footings, and Slabs: The
entire area of the original ground under embankments and under pavements and
concrete footings and slabs shall be excavated to remove all vegetable matter, sod,
muck, rubbish, and other unsuitable materials to a depth of 6 inches or to a sub-grade
shown on drawings. In the event that it is required to remove unsuitable material to a
greater depth than specified or shown, an adjustment in the contract price may be made
I in accordance with the same unit price as for Select Backfill.
' SITE PREPARATION AND EARTHWORK FOR ROADWAYS, PARKING, BUILDING
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D. All excavation shall be made as close to the actual finished lines as possible.
Excavation shall be suitably shored, braced, or side sloped in order to prevent danger to
' persons or structures, injurious slides or cave ins, or erosion. Shoring, bracing, and
sheeting, except as otherwise noted, shall be removed as the excavations are backfilled
in a manner such as to prevent injurious caving.
E. Excavation shall be kept free from water while construction therein is in progress.
' F. Furnish, erect, and maintain the required guards and railing at all exposed boundaries of
excavation.
' 2.4 DEWATERING FOR STRUCTURES
A. Prior to excavation beneath the ground water table for structures, the foundations of
which are below the water table, a well point system or other means of effective
dewatering shall be installed to depress and maintain the water table approximately 2
feet below the bottom of the lowest excavation level. Dewatering shall be maintained
' until backfilling has proceeded above the natural ground water level and until the
structural weight is sufficient to prevent "floating out" of the structure. The Contractor
shall have a man experienced in dewatering work on the job during the work. The
dewatering system shall be adequate in every respect. When a well point system is to
be used, the well point system and well point foreman or superintendent shall be
approved by the Engineer prior to excavation below the ground water table. Water
from dewatering operations must be disposed of in accordance with the North Carolina
Sedimentation Pollution Control Act.
2.5 USE OF EXPLOSIVES
A. The use of explosives shall not be permitted. In the event that rock which cannot be
excavated is encountered, the Contractor shall notify the Engineer and submit a
proposal to remove the rock for such work.
2.6 PROTECTION OF EXISTING UTILITIES
A. The Contractor's attention is called to the fact that there are existing service line utilities
along roadway and at the various sites. The Contractor shall exercise utmost care to
avoid damage during the conduct of the new construction; this includes a thorough
investigation of the site prior to commencing work.
' B. All damage shall be repaired immediately at no additional cost to the Owner.
2.7 FILLING AND BACKFILLING
A. General: All fill and backfill shall be free from roots, wood scrap material, and other
vegetable matter and refuse. Fill and backfill shall be placed in layers not more than 8
inches thick, loose except as specified otherwise herein, and each layer shall be
compacted thoroughly and evenly.
' SITE PREPARATION AND EARTHWORK FOR ROADWAYS, PARKING, BUILDING
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B. Structures and Embankments: Backfill about structures shall be placed, as far as
practicable, as the work of construction progresses. Backfilling against concrete shall be
done only when directed. Compaction shall be not less than 100% of maximum density
Standard Proctor Method.
' C. Concrete Slabs and Pavements: Fill and/or backfill under pavement and under concrete
floor slabs shall be compacted to not less than 100% of the maximum density at
optimum moisture content as determined by ASTM Method D-698 Standard Proctor
Method, except where otherwise indicated.
D. Other Fill: All other fill and backfill unless otherwise noted shall be compacted to at
' least 90% of the maximum density at optimum moisture content Standard Proctor
Method.
' E. Stone Base: Stone base or gravel fill where indicated shall be crushed granite graded
from 1-1/2" mesh to 1/2" mesh. A minimum of 3" of crushed stone shall be provided
under all structures. All crushed stone shall be evenly graded to provide a uniform
' surface.
2.8 EXCESS MATERIAL
' Should any cut materials exceed the fill, then the excess cut materials shall be disposed off site
legally.
2.9 MAINTENANCE AND STABILITY
' A. The Contractor shall be responsible until final acceptance of the entire project for the
stability of all embankments made under the contract and shall replace at his own
expense any portion which has become displaced or damaged. Embankments shall be
maintained to the grade and cross section indicated until the final completion and
acceptance of the project.
2.10 GRADING
A. The Contractor shall perform all grading in the areas so indicated. Fill shall be brought
' to finished grades indicated and shall be graded to drain water away from structures.
The entire area within the new construction and the areas disturbed by construction
within the existing plant area shall be graded to provide proper drainage and to provide
' surfaces suitable for the proper use of mowing machines. Refer to the pavement typical
section on the plans.
' 2.11 DISPOSAL OF SURPLUS MATERIAL
A. Surplus material not required or unsuitable for filling, backfilling, or grading shall be
' disposed of at the Contractor's expense in an approved spoil area in accordance with
local ordinances.
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2.12 PAVEMENT
A. Refer to Section 1070 for the pavement specifications.
END OF SECTION
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SITE PREPARATION AND EARTHWORK FOR ROADWAYS, PARKING, BUILDING
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I SECTION 02540 - EROSION CONTROL
PART 1 - GENERAL
1.1 SCOPE
' A. The Contractor shall provide all plant, labor, and materials to perform the erosion
control work indicated on the drawings and/or specified herein.
' B. Work Included in This Section:
' 1. Soil erosion and sedimentation control shall be provided by the Contractor for all
areas of the sites that are graded or disturbed as indicated on the drawings, or as
specified herein.
2. If permanent seeding and mulching cannot be accomplished within 15 working
days of disturbance in accordance with Erosion and Sedimentation Control
Permit, then the Contractor shall provide temporary ground cover after
' completion of the construction phase of any specific area. This shall include (but
shall not be limited to) temporary grass seeding at no additional cost to the
Owner.
3. Contractor shall have full responsibility for construction and maintenance of
sedimentation control facilities.
' 4. Make necessary arrangements to ensure adequate water supply to meet needs of
work of this section. Furnish necessary hose equipment, pumps, attachments, and
accessories for adequate irrigation of seeded areas.
' 1.2 REFERENCED STANDARDS
' A. References: Some products and execution are specified in this section by reference to
published specifications or standards of the following (with respective abbreviations
used).
1. American Association of State Highway Officials (AASHO).
2. The American Society for Testing and Materials (ASTM).
3. Association of Official Agricultural Chemists (AOAC).
4. North Carolina Department of Transportation (NCDOT).
' 5. U.S. Department of Agriculture (USDA).
6. North Carolina Department of Environment, Health, and Natural Resources
' (NCDENR).
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B. Standard Guides:
1. "Erosion and Sediment Control Planning and Design Manual", issued by
NCDENR, Land Quality. Hereinafter referred to as Erosion Control Manual.
2. "Standard Specifications for Roads and Structures", dated January 1, 1990, (latest
Edition), as published by the NC Dept. of Transportation. These standard
specifications are referred to hereinafter as SSRS.
1.3 QUALITY ASSURANCE
A. The erosion control shall conform with the rules and regulations of the Erosion Control
Laws of the State of North Carolina, specifically the Sedimentation Pollution Control
Act of 1973 (G.S. 113A) as amended, and the local jurisdiction where the project is
located.
I B. Post a copy of the grading permit at the site prior to starting work. Grading permit to be
furnished by Owner. Maintain a copy of the approved erosion control plan at the site.
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C. After installing the soil erosion control devices as indicated on the Drawings and
specified herein, the Contractor shall assure himself that all reasonable measures
possible have been taken to prevent the sedimentation of nearby water courses, existing
and new facilities, and adjacent property.
D. Should the Contractor believe additional measures are necessary, he shall immediately
notify the Owner and Engineer. If rain is predicted before the Owner and Engineer can
be notified, the Contractor shall take measures as he deems necessary to prevent the
siltation of nearby water courses and will be paid for such work as provided in the
General Conditions of this contract.
E. The Contractor shall be liable for all damages to public and private property and fines
as may be placed on the project by the governing agencies due to failure to provide
adequate erosion control devices.
1.4 PRODUCT HANDLING
A. Deliver seed, soil conditioners, plant foods, and other packaged materials in unopened,
original packages, with labels legible and intact. Seed packages shall bear a guaranteed
analysis by a recognized authority. Packages for soil conditioners and plant foods shall
bear manufacturer's guaranteed analysis.
B. On-site storage of materials shall be kept to a minimum. Wet or damaged seed or other
material shall be removed from the project site immediately. Caked soil conditioners
and plant foods shall not be used and shall be removed from the project site
immediately.
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PART 2 - PRODUCTS
2.1 MATERIALS
A. Lime: Ground Dolomitic agricultural limestone, not less than 85% total carbonates,
ground so that 50% passes 100 mesh sieve and 90% passes 30 mesh sieve. Coarser
material will be acceptable, provided the specified rates of application are increased
proportionately on the basis of quantities passing No. 100 mesh sieve, and at no
additional cost to the Owner.
B. Commercial Fertilizer:
1. A complete plant food containing nitrogen, phosphoric acid, and potash in the
formula 10-10-10.
2. Conforming to applicable State fertilizer laws, with availability of plant nutrients
conforming to standards of the AOAC Uniform in composition, dry, free flowing.
C. Superphosphate: Granular, dry, free flowing, normal superphosphate (18 - 20% P204).
D. Water: Water shall be free from oil, acid, alkali, salt, and other substances harmful to
growth of grass.
E. Seed: Fresh seed guaranteed 95% pure with a minimum germination rate of 85% within
one year of tests. Variety of grass for temporary grassing shall conform to requirements
of Section 02821, SEEDING.
F. Mulch: Threshed straw of oats, wheat, or rye; free from seed of obnoxious weeds; or
clean salt hay. Straw which is fresh and excessively brittle or straw which is in such an
advanced stage of decomposition as to smother or retard growth of grass will not be
acceptable.
' G. Matting/Erosion Control Fabric (ECF): Matting and/or ECF shall be heavy jute mesh
over mulch held in place by staples. Commercially available ECFs may be used upon
approval of the engineer. Approval of fabrics will require manufacturer's design data
regarding velocity, ditch slopes, method of installation, decay cycle, repair techniques,
and grass growth enhancement characteristics.
' H. Hay Bales: Well bound straw or hay conforming to requirements of mulch herein
before.
' I. Wire Staples: 16 gauge steel wire, with minimum of 3" top and 4" long legs.
J. Gravel for Stone Filters: Crushed stone, graded so that all stone will pass a 1-1/2"
screen, and will be retained on a 3/4" mesh screen.
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K. Silt Filter: Synthetic Filter Fabric manufactured to conform with the specifications
listed in the Erosion Control Manual.
L. Tack: Asphaltic spray as required to hold mulch.
M. Turf Reinforcement Mat (TRM): The composite turf reinforcement mat (C-TRM) shall
be a machine-produced mat of 70% straw/30% coconut fiber matrix incorporated into a
permanent three-dimensional turf reinforcement matting. The matrix shall be evenly
distributed across the entire width of the matting and stitch bonded between a heavy
duty UV stabilized bottom net with 0.50 x 0.50 inch (1.27 x 1.27 cm) openings, an
ultra heavy duty UV stabilized, dramatically corrugated (crimped) intermediate netting
with 0.50 x 0.50 inch (1.27 x 1.27 cm) openings, and covered by a heavy duty UV
stabilized top net with 0.50 x 0.50 inch (1.27 x 1.27 cm) openings. The middle
corrugated netting shall form prominent closely spaced ridges across the entire width of
the mat. The three net tings shall be stitched together on 1.50-inch (3.81 cm) centers
with UV stabilized poly propylene thread to form a permanent three-dimensional turf
reinforcement matting. The SC250 shall meet requirements established by the Erosion
Control Technology Council (ECTC) Specification and the U.S. Department of
Transportation, Federal Highway Administration's (FHWA) Standard Specifications
For Construction of Roads and Bridges on Federal Highway Projects, FP-03 2003
Section 713.18 as a Type 5A, B, and C Permanent Turf Reinforcement Mat.
Installation staple patterns shall be clearly marked on the turf reinforcement matting
with environmentally safe paint. All mats shall be manufactured with a colored thread
stitched along both outer edges (approximately 2-5 inches [5-12.5 cm] from the edge) as
an overlap guide for adjacent mats. The composite turf reinforcement mat shall be the
North American Green SC250, or equivalent. The SC250 permanent composite turf
reinforcement mat shall have the following physical properties:
Material Content Property Test Method Typical
Matrix 70% Straw Fiber Thickness ASTM D6525 0.72 in (18.29 mm)
(0.35 lb/yd2) (0.19 kg/m2) Resiliency ASTM D1777 95.20%
30% Coconut Fiber Density ASTM D792 0.529 oz/in3 (0.915
/cm 3)
(0.15 lb/yd2) (0.08 kg/m2) Mass / Unit Area ASTM D6566 17.88 oz/yd2
(606 g/m2)
Netting Top and Bottom - Heavy Duty UV Porosity ECTC Guidelines 99%
Stabilized Polypropylene
(5.0 lbs/1,000 ft2 [2.44 kg/100 m2] approx- Stiffness ASTM D1388/ECTC 222.65 oz-in
imate weight) (2,485,051 mg-cm)
Mid - Corrugated Ultra Heavy Duty UV Stabi- Light Penetration ECTC Guidelines 8.90 %
lized Polypropylene
(24 lb/1,000 ft2 [11.7 kg/100 m2] approximate MD Tensile Strength ASTM D6818 [D5035]
weight) 6201bs/ft (9.05 kN/m) [520 lbs/ft (7.59 kN/m)]
EROSION CONTROL 02540 - 4
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Thread UV Stabilized Polypropylene MD Elongation ASTM D6818 [D5035] 35 %
[32%]
TD Tensile Strength ASTM D6818 [D5035]
737 lbs/ft (10.75 kN/m) [784 lbs/ft (11.44
kN/m)]
PART 3 - EXECUTION
3.1 GENERAL
A. Standards:
1. Work of this section shall conform to requirements of the Contract Documents
and to the requirements of the Guide issued by the USDA as referred to herein
before.
B. Existing Structures and Facilities:
1. Existing structures and facilities shall be protected from sedimentation. The
Contractor shall be responsible for the construction of necessary measures, and all
costs shall be at the expense of the Contractor.
2. Items to be protected from sedimentation deposits shall include, but are not
limited to, all downstream property, natural waterways, streams, lakes, and
ponds, catch basins, drainage ditches, roads, gutters, and natural buffer zones.
C. Control measures such as the erection of silt fences, barriers, dams, or other structures
shall begin prior to any land disturbing activity. Additional measures shall be
constructed as required during the construction.
D. All facilities installed shall be maintained continually during construction until the
disturbed areas are stabilized.
3.2 PROTECTIVE MEASURES
A. The following measures are listed as a guide for the protection of existing structures and
facilities and for the protection of subsequent disturbed earth areas.
1. Construction and devices for sedimentation and erosion control are shown on the
drawings.
2. Silt Check Fence: Hog wire or wire mesh stapled to posts and covered with
burlap or other silt filtering fabric.
3. Mulching: Mulching shall be used to prevent erosion and to hold soil and seed in
place during the establishment of vegetation.
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' 4. Matting: Matting shall be used for temporary stabilization during the
establishment of permanent cover on problem areas such as future grassed
ditches, channels, long slopes, and steep banks.
5. Tack: Tack shall be used to prevent disruption of mulch where required.
3.3 MAINTENANCE
A. Inspect all erosion control devices after each rainfall. Make all required repairs
immediately. Remove sediment deposits when deposits reach approximately one-half of
t the capacity of the erosion control device.
B. Respread accumulated sediments on the project site in a manner that will not adversely
affect erosion control facilities and permanent ground cover.
C. Silt Fence: Should the filter fabric decompose or become ineffective before approval of
its removal by the Engineer, the fabric shall be replaced immediately at no additional
n cost to the owner.
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D. Temporary Construction Entrance: The entrance shall be maintained in a condition
which will prevent tracking or flow of mud onto public rights-of-way. This may require
periodic top dressing with 2-inches of stone, as conditions require, at no additional cost
to the Owner.
STABILIZATION
1 A.
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3.5
A.
B.

Permanently protect stabilized areas prior to the removal of protective devices.
After the final establishment of permanent stabilization, remove temporary sediment
control measures. Respread accumulated sediments as specified.
Permanently stabilize all areas disturbed by the removal and respreading operations
immediately.
TEMPORARY SEEDING
Variety of seed, rate of application, and time for use of specified variety shall comply
with requirements of Section 02821, SEEDING.
Prepare soil by disking lightly to establish approximate permanent grade. Remove large
roots, debris, and stones 1-1/2" in diameter or larger.
C. After rough grading has been completed and before topsoil is spread, apply soil
conditions as follows:
Material Application Rate (lbs. per 1000 sq. ft.)
Lime 100 (apply from October through May)
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Fertilizer 20 (10-10-10)
Superphosphate 15
D. Scarify ground thoroughly to a minimum depth of 4". Mix materials thoroughly with
rototiller in two directions, at right angles.
E. Where required, apply topsoil. Rake topsoil to a uniform grade so that all areas will
drain properly. Compact tightly with a cultipacker before distributing grass seed.
' F. Sow seed evenly with a mechanical spreader at the rate required for the specific variety
in Section 02821, SEEDING. Roll with a cultipacker to cover seed, and water with a
fine spray. Method of seeding and rate may be varied at the discretion of Contractor on
1 his own responsibility to establish a smooth, uniformly grassed area.
3.6 MULCHING AND MATTING
' A. Apply mulch or matting as required to retain soil and grass.
' B. Mulch all disturbed area by spreading a cover of mulch over seeded area at the rate of
not less than 85 lbs. per 1000 sq. ft.
C. On slopes greater than 20% mulch with matting. Pin matting to the ground with wire
staples at 5-foot intervals, immediately after seeding.
3.7 SILT FENCE, ROCK CHECK DAM AND TEMPORARY SEDIMENT TRAP
A. Install as shown on the "Miscellaneous Details."
3.8 STABILIZATION AND CLEAN UP
A. Remove all erosion control devices upon the approval of the permanent stabilization of
this site by the agency having jurisdiction of the area and the Engineer. All sediment
deposits remaining in place after the erosion control devices are removed shall be
dressed to conform with the existing grade, prepared and seeded. The cost of removal
1 and cleanup shall be included in the cost of the installation of the device.
I END OF SECTION

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I SECTION 02821 - SEEDING
PART 1 - GENERAL
1.1 SCOPE
A. General Requirements: All disturbed areas of exposed earth within the grading limits at the
wastewater treatment plant, and along the cleared right-of-way for the sewer line and force
main construction, shall be filled, leveled, disked, fertilized, seeded, and a stand of grass
produced. A grassing area shall be considered established when it presents a green appearance
from eye level 50 feet away and the grass is vigorous and growing well in each square foot of
seeded area. It is not required that the seeded area be thick and heavy as an old established
lawn.
1.2 REFERENCED STANDARDS
A. N.C. Department of Agriculture - NCDA
' B. U.S. Department of Agriculture - USDA
1.3 QUALITY ASSURANCE
A. The quality of all fertilizer, lime, and seed, and all operations in connection with the
furnishing of this material, shall comply with the requirements of the N.C. Fertilizer,
Lime and Seed Law; and with the requirements of the rules and regulations adopted by
the NC Department of Agriculture in accordance with the provisions of the said law.
PART 2 - PRODUCTS
2.1 MATERIALS
A. Lime shall be ground or pulverized limestone passing the requirements of the U.S.
Department of Agriculture, Agriculture Conservation and Production Administration,
for use on farms of the vicinity.
' B. Fertilizer shall be mixed, commercial, fertilizer containing 5-10-10 percentages of available
nitrogen, phosphoric acid, and potash respectively, plus superphosphate with 20% P205
content. Fertilizer shall be dry, in granular (pellet) form, shall be delivered to the site in the
' manufacturer's original bag or container which shall be plainly marked as to formula.
C. Seed: The mixture of seed in all disturbed areas including NCDOT Rights-of-Way shall
be the following:
1. Sept 1 - April 1
75 pounds/acre Kentucky 31 Fescue
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' 50 pounds/acre Bahiagrass (Wilmington, if available, Pensacola otherwise)
25 pounds/acreRye grain
2. April 1 - Sept 1
75 pounds/acre Bahiagrass (Wilmington, if available, Pensacola otherwise)
50 pounds/acre Kentucky 31 Fescue
35 pounds/acre Browntop millet or Sorghum Sudan Hybrids
3. Where a "turf" type grassed area is required the following mixture shall be used
20 pounds/acre Common Bermuda grass (unhulled)
70 pounds/acre Kentucky 31 Fescue
a. If seeding occurs between the months of November and February, rye grain
shall be provided in addition to the above at a rate of 25 pounds/acre.
4. Non-NCDOT areas shall be seeded in accordance with the schedule on Plan Sheet C5.
5. Where centipede or other "turf' type grass existed prior to construction, the
Contractor shall be required to produce a stand of the previously pre-existing
variety at no additional cost to the Owner. The Contractor may seed, sod, or sprig
to accomplish this. As stated above it is not required that the seeded area be as
' thick as an old established lawn. (See page 2821-1 - 1.01 A).
All seeded areas shall be cultipacked to firm seed bed and cover seed. Should the
permanent seed not germinate and produce a stand of grass, the areas so effected
shall be reseeded until a permanent stand is established.
I PART 3 - EXECUTION
3.1 GENERAL
A. Before fertilizing and seeding, the Contractor shall have completed all specified and
indicated operations in the area to be seeded and shall have brought the finish surface to
the line indicated or specified. Immediately prior to spreading fertilizer, all irregularities
in the surface shall be corrected to prevent the formation of low places or pockets where
water will stand.
3.2 LIMING
A. Liming shall be done immediately after grading has reached the final "smoothing"
stage, even though actual seeding may not be done until several months later. Lime
shall be used at 2 tons per acre and shall be spread evenly by means of approved
' mechanical spreaders or distributors. When lime is distributed by commercial liming
dealers, sales slips showing the tonnage delivered shall be filed with the Engineer and
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' shall show the full tonnage required for the acres treated. Lime shall be incorporated in
the top 2 to 3 inches of soil by harrowing, disking, or other approved means.
B. No lime, fertilizer or seed shall be applied when the wind is strong or when the soil is
extremely wet or otherwise unworkable. No rolling shall be done if precipitation after
seeding should make the operation detrimental to the seed bed.
I 3.3 FERTILIZER
A. Fertilizer shall be spread not more than 2 weeks in advance of seeding. Fertilizer shall
be of a formula specified at the rate of 1000 pounds per acre, for 5-10-10 plus 800
pounds per acre for super-phosphate. To assure full application rate, the acreage in an
1 area to be fertilized during the day shall be determined, and the required fertilizer
delivered to the area. All such fertilizer shall be protected from damage by weather or
otherwise until used. Lump fertilizer shall be thoroughly pulverized before placing in
the distributor. Even distribution shall be accomplished with approved mechanical
spreaders, by spreading half of the rate in one general direction, and the other half at
right angles to the first. Within 24 hours after spreading, the fertilizer shall be
incorporated into the top 2 to 3 inches of soil by disking, harrowing or other approved
methods.
3.4 SEEDING
A. Seeding shall be accomplished by means of an approved power-drawn seed drill,
combination corrugated roller-seeder, approved hand operated mechanical seeder, or
other approved methods resulting in even distribution of the seed. Seeding rates and the
seed mixture shall be as specified above. Seeding shall not be done when ground is
' excessively wet or excessively dry. After the area is sown, it shall be rolled with an
approved roller, not less than 18 inches in diameter, weighing not more than 210 pounds
per foot of width. Upon completion of rolling, the planted area shall be watered with a
fine spray.
3.5 IRRIGATION
A. Areas seeded between May 1 and July 15 shall be watered at such intervals as to
maintain the seeded area in a moist condition until the grass is established and accepted
by the Engineer. The Contractor shall provide at his own expense all equipment
necessary to transport and distribute the water on to the seed bed. Areas seeded
between September 1 and November 1 need not be irrigated beyond the initial watering
specified above except that the Contractor may apply water at his own discretion.
3.6 PROTECTION
A. All seeded areas shall be protected from damage by barricades, signs, and other
appropriate means. Slopes shall be maintained and protected from weather damage.
' Where mulch is required, dry grain straw mulch shall be uniformly distributed at a rate
SEEDING 02821 - 3
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of 100 lbs. per 1000 square feet. Approximately 1/4 of the ground should be visible
after application.
B. Where anchoring or tacking of mulch is required, an asphalt tie-down of emulsified
asphalt grade AE-3 or cut-back asphalt grade RC-2 or other approved method shall be
used. An approved jute mesh or net may be used in lieu of anchored or tacked straw
mulch.
C. Other types of mulch and anchoring methods may be used upon approval by the
Engineer.
D. On NCDOT Rights-of-Way all seeded areas shall be mulched and mulch shall be tacked
with asphalt sufficient to hold straw in place.
E. Ditch treatment shall be used in areas where steep grades could cause ditch erosion by
use of jute mesh. Ditch treatment shall be installed before seeding and mulching
operation and only at the direction of the Owner's representative.
END OF SECTION
SEEDING
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