01 Bidding & Contract Requirements_Assembly Court+Parkton_2025June.pdf

PDF 20 MB Posted Jun 11, 2025

Attached to: Convenience Center & Recycling Facility Construction: Assembly Court and Parkton Solid Waste Convenience Center
Solicitation number: 600600ConRec
Issued by: Cumberland County, North Carolina

About this file

Written by GovTribe AI · Jun 11, 2025

This document is a comprehensive government contract opportunity file from Cumberland County, North Carolina, involving the construction of a new Parkton Convenience Center waste and recycling facility. The project, located near 6606 Parkton Road in Hope Mills, North Carolina, includes constructing a small single-story building, concrete pads, and new paved entrance and exit aprons. A geotechnical investigation by GeoTechnologies, Inc. was conducted on March 27, 2025, involving six soil test borings advanced to a depth of 6 feet to assess subsurface conditions for the proposed development.

The geotechnical report provides detailed recommendations for site preparation, foundation support, and pavement design. Key technical specifications include an allowable bearing pressure of 2,000 psf for foundations, a recommended pavement section of 4 inches of asphalt over 8 inches of crushed aggregate base course stone for entrance areas, and 12 inches of stone base for gravel surfaces. The site is classified as seismic site class "D", with groundwater encountered at depths between 4 and 5 feet below existing grade. The subsurface investigation revealed predominantly sandy clay and clayey sand deposits with varying compaction characteristics, necessitating specific grading and compaction protocols to ensure stable construction conditions.

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Other files

File	Type	Posted
03 24077 Cumberland Co Parkton IFC 2025-04-11.pdf	PDF	Jun 11, 2025
05 Cumberland_County_-_Brisson_Road_Solid_Waste_Convenience_Center_Bid_Issue_4.pdf	PDF	Jun 11, 2025
02 22003 Cumberland Landfill (Assembly Ct) - IFC 2025-03-13.pdf	PDF	Jun 11, 2025
04 Cumberland_Co_-_Assembly_Court_Solid_Waste_Convenience_Center_Utilities_Plan_Bid_Issue_3.pdf	PDF	Jun 11, 2025

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http://www.doa.nc.gov/hub https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx) mailto:jesse@smithgardnerinc.com https://ccmunis.co.cumberland.nc.us/vss/Vendors/VBids/Default.aspx

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

MBForms 2002-Revised July 2010

State of North Carolina AFFIDAVIT A – Listing of Good Faith Efforts

County of

(Name of Bidder) Affidavit of

I have made a good faith effort to comply under the following areas checked:

Bidders must earn at least 50 points from the good faith efforts listed for their bid to be considered responsive. (1 NC Administrative Code 30 I.0101)

1 – (10 pts) Contacted minority businesses that reasonably could have been expected to submit a quote and that were known to the contractor, or available on State or local government maintained lists, at least 10 days before the bid date and notified them of the nature and scope of the work to be performed.

2 --(10 pts) Made the construction plans, specifications and requirements available for review by prospective minority businesses, or providing these documents to them at least 10 days before the bids are due.

3 – (15 pts) Broken down or combined elements of work into economically feasible units to facilitate minority participation.

4 – (10 pts) Worked with minority trade, community, or contractor organizations identified by the Office of Historically Underutilized Businesses and included in the bid documents that provide assistance in recruitment of minority businesses.

5 – (10 pts) Attended prebid meetings scheduled by the public owner.

6 – (20 pts) Provided assistance in getting required bonding or insurance or provided alternatives to bonding or insurance for subcontractors.

7 – (15 pts) Negotiated in good faith with interested minority businesses and did not reject them as unqualified without sound reasons based on their capabilities. Any rejection of a minority business based on lack of qualification should have the reasons documented in writing.

8 – (25 pts) Provided assistance to an otherwise qualified minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letters of credit, including waiving credit that is ordinarily required. Assisted minority businesses in obtaining the same unit pricing with the bidder's suppliers in order to help minority businesses in establishing credit.

9 – (20 pts) Negotiated joint venture and partnership arrangements with minority businesses in order to increase opportunities for minority business participation on a public construction or repair project when possible.

10 - (20 pts) Provided quick pay agreements and policies to enable minority contractors and suppliers to meet cash-flow demands.

The undersigned, if apparent low bidder, will enter into a formal agreement with the firms listed in the Identification of Minority Business Participation schedule conditional upon scope of contract to be executed with the Owner. Substitution of contractors must be in accordance with GS143-128.2(d) Failure to abide by this statutory provision will constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of the minority business commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Signature:

Title:

State of______________, County of

Subscribed and sworn to before me this day of 20

Notary Public

My commission expires

SEAL

This page intentionally left blank.

Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid Attach to Bid

State of North Carolina --AFFIDAVIT B-- Intent to Perform Contract with Own Workforce.

County of

Affidavit of (Name of Bidder)

I hereby certify that it is our intent to perform 100% of the work required for the contract.

(Name of Project)

In making this certification, the Bidder states that the Bidder does not customarily subcontract elements of this type project, and normally performs and has the capability to perform and will perform all elements of the work on this project with his/her own current work forces; and

The Bidder agrees to provide any additional information or documentation requested by the owner in support of the above statement. The Bidder agrees to make a Good Faith Effort to utilize minority suppliers where possible.

The undersigned hereby certifies that he or she has read this certification and is authorized to bind the Bidder to the commitments herein contained.

Date: Name of Authorized Officer:

State of _________ __ , County of ________________________

Subscribed and sworn to before me this day of 20___

Do not submit with bid Do not submit with bid Do not submit with bid Do not submit with bid

State of North Carolina - AFFIDAVIT C - Portion of the Work to be Performed by HUB Certified/Minority Businesses County of

(Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the portion of the work to be executed by HUB certified/minority businesses as defined in GS143- 128.2(g) and 128.4(a),(b),(e) is equal to or greater than 10% of the bidders total contract price, then the bidder must complete this affidavit.

This affidavit shall be provided by the apparent lowest responsible, responsive bidder within 72 hours after notification of being low bidder.

Affidavit of I do hereby certify that on the (Name of Bidder)

(Project Name) Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. Attach additional sheets if required Name and Phone Number *Minority

Category

**HUB

Certified Y/N

Work Description

Dollar Value

*Minority categories: Black, African American (B), Hispanic (H), Asian American (A) American Indian (I), Female (F) Socially and Economically Disadvantaged (D) ** HUB Certification with the state HUB Office required to be counted toward state participation goals.

Pursuant to GS143-128.2(d), the undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule conditional upon execution of a contract with the Owner. Failure to fulfill this commitment may constitute a breach of the contract.

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

State of , County of

Subscribed and sworn to before me this day of 20

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -1-

State of North Carolina AFFIDAVIT D – Good Faith Efforts

County of (Note this form is to be submitted only by the apparent lowest responsible, responsive bidder.)

If the goal of 10% participation by HUB Certified/ minority business is not achieved, the Bidder shall provide the following documentation to the Owner of his good faith efforts:

Affidavit of I do hereby certify that on the (Name of Bidder)

(Project Name) Project ID# Amount of Bid $

I will expend a minimum of % of the total dollar amount of the contract with HUB certified/ minority business enterprises. Minority businesses will be employed as construction subcontractors, vendors, suppliers or providers of professional services. Such work will be subcontracted to the following firms listed below. (Attach additional sheets if required)

Name and Phone Number *Minority Category

**HUB

Certified

Y/N

Work

Dollar Value

Examples of documentation that may be required to demonstrate the Bidder's good faith efforts to meet the goals set forth in these provisions include, but are not necessarily limited to, the following:

A. Copies of solicitations for quotes to at least three (3) minority business firms from the source list provided by the State for each subcontract to be let under this contract (if 3 or more firms are shown on the source list). Each solicitation shall contain a specific description of the work to be subcontracted, location where bid documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time when quotes must be received.

B. Copies of quotes or responses received from each firm responding to the solicitation.

C. A telephone log of follow-up calls to each firm sent a solicitation.

D. For subcontracts where a minority business firm is not considered the lowest responsible sub-bidder, copies of quotes received from all firms submitting quotes for that particular subcontract.

E. Documentation of any contacts or correspondence to minority business, community, or contractor organizations in an attempt to meet the goal.

F. Copy of pre-bid roster

G. Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority business.

H. Letter detailing reasons for rejection of minority business due to lack of qualification.

I. Letter documenting proposed assistance offered to minority business in need of equipment, loan capital, lines of credit, or joint pay agreements to secure loans, supplies, or letter of credit, including waiving credit that is ordinarily required.

Failure to provide the documentation as listed in these provisions may result in rejection of the bid and award to the next lowest responsible and responsive bidder.

Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid Do not submit with the bid

MBForms 2002-Revised May 2010 -2-

The undersigned hereby certifies that he or she has read the terms of this commitment and is authorized to bind the bidder to the commitment herein set forth.

Date: Name of Authorized Officer:

Title:

State of , County of

Subscribed and sworn to before me this day of 20

PREFERRED FORMS

(Note: Alternative Forms may be used as approved by the Owner and Engineer. Electronic versions of these forms are avialable)

1 - Application Summary Contractor Pay Application 03-15-13

Project: Pay Application No.

Notice to Proceed:

Completion Date:

Contractor:

ATTN:

Engineer: Owner:

ATTN: ATTN:

APPLICATION SUMMARY:

Application Period:

1. Original Contract Sum:

2. Net Change by Change Order(s) to Date:

3. Contract Sum to Date (Line 1 + Line 2):

4. Work Completed to Date (See Attached Detail):

5. Materials Stored to Date (See Attached Detail):

6. Total Completed and Stored to Date (Line 4 + Line 5):

7. Less Retainage: 5 %

8. Amount Eligible to Date (Line 6 - Line 7):

9. Less Amounts Due from Previous Pay Applications:

10. Amount Due this Application (Line 8 - Line 9):

11. Balance to Finish, Including Retainage (Line 3 - Line 8):

CONTRACTOR'S CERTIFICATION:

Certified for Contractor By: Recommended for Approval By (S+G):

By: By:

Title: Title:

Date: Date:

Approved for Owner By: Approved By (Other - When Required):

By: By:

Title: Title:

Date: Date:

14 N. Boylan Ave.

Raleigh, NC 27603

The undersigned Contractor certifies that to the best of the Contractor's knowledge, information, and belief, the Work covered by this Pay Application has been completed in accordance with the Contract Documents, that all amounts have been paid by the Contractor for Work for which previous Pay Applications were approved and payments received from the Owner, and that the current amount requested is now due.

$0.00 $0.00

$0.00 $0.00 $0.00 $0.00

$0.00

Smith Gardner, Inc. (S+G)

2 - Work Completion Summary Page 2 of 3 Contractor Pay Application 03-15-13

Contractor: Project: Pay Application No.

Owner: Application Period:

Engineer:

Quantity Amount ($) Quantity Amount ($) Quantity Amount ($) % Complete

$0.00 0.00 $0.00 #DIV/0!

$0.00 $0.00 $0.00 $0.00 #DIV/0!

Smith Gardner, Inc.

WORK COMPLETION SUMMARY

Totals =

Total Work To Date Units Unit Cost Contract

Amount Contract Quantity

Pay Item No.

Previous Work Completed Work Completed This Period

3 - Stored Materials Summary Page 3 of 3 Contractor Pay Application 03-15-13

Contractor: Project: Pay Application No.

Owner: Application Period:

Engineer:

Quantity Amount ($) Quantity Amount ($) Quantity Amount ($) Quantity Amount ($)

0.00 $0.00

$0.00 $0.00 $0.00 $0.00

STORED MATERIALS SUMMARY

Smith Gardner, Inc.

Stored Previously Stored This Month Materials Description

Amount Remaining in StorageIncorporated in Work Vendor

Submittal Transmittal No.

Project: Date Transmitted:

1st Sub.

Owner:

Re-Sub.

Prev. Transmittal Date:

Contractor:

ATTN: Date Received:

Checked By:

No. Copies**

* The Action Designated Above is in Accordance with the Following Legend:

A- Furnish as Submitted. D- Rejected.

B- Furnish as Noted. (See Comments Below.) E- Engineer's Review Not Required.

1. Submittal not required.

C- Revise and Resubmit. 2. Supplemental information. Submittal retained

1. Not enough information for review. for informational purposes only.

2. No reproducibles submitted. 3. Information reviewed and approved on prior

3. Copies illegible. submittal.

4. Not enough copies submitted. 4. See comments below.

5. Wrong sequence number.

6. Wrong resubmittal number.

7. Wrong specification number.

8. Wrong form used.

9. See comments below.

Comments:

By:

Title:

Date:

**Distribution: Owner Contractor Field File Other

Note that the Engineer's review of this submittal is confined to the general arrangement and compliance with the Contract Documents and does not relieve the Contractor of the responsibility of correcting all errors, deviations, and/or omissions which may be related to this submittal.

Manufacturer or Supplier Specification Section or Drawing No.Description Action Taken*

Change Order No.

Project: Contract No. (If Applicable):

Date of Contract:

Owner:

Original Contract Price:

Contractor: Original Contract Period:

ATTN:

Subtotal:

Net Difference:

Accepted for Contractor By: Recommended for Approval By (S+G):

By: By:

Title: Title:

Date: Date:

Approved for Owner By: Approved By (Other - When Required):

By: By:

Title: Title:

Date: Date:

Distribution: Owner Contractor Field File Other

Decrease

Contract Price

Increase

It is agreed to modify the Contract referred to above as follows. Note that the changes included in this Change Order are to be accomplished in accordance with the terms, stipulations, and conditions of the original Contract (as amended) as though included herein.

Decrease

Contract Time (Days)

Increase Item No. Description

$0.00 0.00

$0.00 0

Contract Time Prior to this Change Order (Days):Contract Price Prior to this Change Order:

Net Increase (Decrease) of this Change Order: Net Increase (Decrease) of this Change Order (Days):

$0.00 0

Revised Contract Price with all Approved Change Orders: Revised Contract Time with all Approved Change Orders (Days):

$0.00 0

Change Order - Line Item Breakdown:

Subtotal:

Net Difference:

Subtotal:

Net Difference:

Decrease

Unit Cost

Quantity

Total Cost

Increase Item No. Description (Units)

Unit Cost

A. Unit Price Item Quantity Adjustments:

$0.00

$0.00 $0.00

$0.00

B. Additional Items:

Change Proposal Request No.

(Not a Change Order)

Project:

Owner:

Contractor:

ATTN:

Requested by Contractor:

By:

Title:

Date:

S+G Recommendation: Owner Action:

Accept Reject Accept Reject

By: By:

Title: Title:

Date: Date:

Distribution: Owner Contractor Field File Other

Attention:

$0.00 0

The following change in the contract is proposed. A breakdown of the cost SHALL be attached and work shall not commence until authorized by Owner. Note that, if approved by Change Order, all work shall be accomplished in accordance with the terms, stipulations, and conditions of the original Contract (as amended).

Description:

Net Increase (Decrease) of this Change Proposal Request: Net Increase (Decrease) of this Change Proposal Request (Days):

Field Order No.

Project:

Owner:

Contractor:

ATTN:

Comments:

By:

Title:

Date:

Distribution: Owner Contractor Field File Other

Attachments:

You are hereby directed to promptly execute this Field Order for minor changes in the Work without changes in Contract Sum or Contract Time. If you consider that a change in Contract Sum or Contract Time is required, please submit your itemized proposal to Smith Gardner, Inc. immediately and before proceeding with this work. If your proposal is found to be acceptable and in proper order, the Field Order will, in that event, be superseded by a Change Order.

Description:

Attention:

Reference:

Certificate of Substantial Completion

Project: Contract No. (If Applicable):

Date of Issuance:

Owner:

Contractor:

ATTN:

[ ] *A list of "excepted" Warranty items is attached hereto.

Executed By S+G (Engineer): Accepted for Contractor By:

By: By:

Title: Title:

Date: Date:

Accepted for Owner By:

By:

Title:

Date:

Distribution: Owner Contractor Field File Other

The Work is hereby declared to be substantially compelte with the Contract Documents on:

Date of Substantial Completion

[ ] A "Punch-List" of items to be competed or corrected is attached hereto. This list may not be all-inclusive, and the failure to include an item in it does not alter the resposibility of the CONTRACTOR to complete a Work in accordance with the Contract Documents. The items in the tentative list shall be completed or corrected by the CONTRACTOR within _________ days of the Substantial Completion.

[ ] This Certificate of Substantial Completion applies to all Work under the Contract Documents.

[ ] This Certificate of Substantial Completion applies to the following specified parts of the Contract Documents:

The Work to which this Certificate applies has been ispected by authorized representatives of the OWNER, CONTRACTOR, and ENGINEER and found to be substantially complete and is also the date of commencement of applicable warranties required by the Contract Documents. * (except as attached.)

This Certificate does not constitute an acceptance of Work NOT in accordance with the Contract Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the Contract Documents.

EJCDC C-700 Standard General Conditions of the Construction Contract.

00700 - 1

This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or modification. This document should be adapted to the particular circumstances of the contemplated Project and the Controlling Law.

STANDARD

GENERAL CONDITIONS

OF THE

CONSTRUCTION CONTRACT

Prepared by

ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE

and

Issued and Published Jointly By

PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE

a practice division of the

NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS

AMERICAN COUNCIL OF ENGINEERING COMPANIES

AMERICAN SOCIETY OF CIVIL ENGINEERS

This document has been approved and endorsed by

The Associated General Contractors of America

Construction Specifications Institute

00700 - 2

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).

00700 - 3

TABLE OF CONTENTS

Page

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

1.02 Terminology

ARTICLE 2 - PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

2.02 Copies of Documents

2.03 Commencement of Contract Times; Notice to Proceed

2.04 Starting the Work

2.05 Before Starting Construction

2.06 Preconstruction Conference

2.07 Initial Acceptance of Schedules

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

3.02 Reference Standards

3.03 Reporting and Resolving Discrepancies

3.04 Amending and Supplementing Contract Documents

3.05 Reuse of Documents

3.06 Electronic Data

ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS

ENVIRONMENTAL CONDITIONS; REFERENCE POINTS

4.01 Availability of Lands

4.02 Subsurface and Physical Conditions

4.03 Differing Subsurface or Physical Conditions

4.04 Underground Facilities

4.05 Reference Points

4.06 Hazardous Environmental Condition at Site

ARTICLE 5 - BONDS AND INSURANCE

5.01 Performance, Payment, and Other Bonds

5.02 Licensed Sureties and Insurers

5.03 Certificates of Insurance

5.04 Contractor’s Liability Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

5.09 Acceptance of Bonds and Insurance; Option to Replace

5.10 Partial Utilization, Acknowledgment of Property Insurer

ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES

6.01 Supervision and Superintendence

6.02 Labor; Working Hours

6.03 Services, Materials, and Equipment

6.04 Progress Schedule

6.05 Substitutes and “Or-Equals”

6.06 Concerning Subcontractors, Suppliers, and Others

6.07 Patent Fees and Royalties

6.08 Permits

6.09 Laws and Regulations

6.10 Taxes

6.11 Use of Site and Other Areas

6.12 Record Documents

6.13 Safety and Protection

6.14 Safety Representative

6.15 Hazard Communication Programs

00700 - 4

6.16 Emergencies

6.17 Shop Drawings and Samples

6.18 Continuing the Work

6.19 Contractor’s General Warranty and Guarantee

6.20 Indemnification

6.21 Delegation of Professional Design Services

ARTICLE 7 - OTHER WORK AT THE SITE

7.01 Related Work at Site

7.02 Coordination

7.03 Legal Relationships

ARTICLE 8 - OWNER’S RESPONSIBILITIES

8.01 Communications to Contractor

8.02 Replacement of Engineer

8.03 Furnish Data

8.04 Pay When Due

8.05 Lands and Easements; Reports and Tests

8.06 Insurance

8.07 Change Orders

8.08 Inspections, Tests, and Approvals

8.09 Limitations on Owner’s Responsibilities

8.10 Undisclosed Hazardous Environmental Condition

8.11 Evidence of Financial Arrangements

ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION

9.01 Owner’s Representative

9.02 Visits to Site

9.03 Project Representative

9.04 Authorized Variations in Work

9.05 Rejecting Defective Work

9.06 Shop Drawings, Change Orders and Payments

9.07 Determinations for Unit Price Work

9.08 Decisions on Requirements of Contract Documents and Acceptability of Work

9.09 Limitations on Engineer’s Authority and Responsibilities

ARTICLE 10 - CHANGES IN THE WORK; CLAIMS

10.01 Authorized Changes in the Work

10.02 Unauthorized Changes in the Work

10.03 Execution of Change Orders

10.04 Notification to Surety

10.05 Claims

ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK

11.01 Cost of the Work

11.02 Allowances

11.03 Unit Price Work

ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES

12.01 Change of Contract Price

12.02 Change of Contract Times

12.03 Delays

ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK

13.01 Notice of Defects

13.02 Access to Work

13.03 Tests and Inspections

13.04 Uncovering Work

13.05 Owner May Stop the Work

13.06 Correction or Removal of Defective Work

13.07 Correction Period

13.08 Acceptance of Defective Work

13.09 Owner May Correct Defective Work

ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION

14.01 Schedule of Values

14.02 Progress Payments

14.03 Contractor’s Warranty of Title

14.04 Substantial Completion

00700 - 5

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

14.09 Waiver of Claims

ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION

15.01 Owner May Suspend Work

15.02 Owner May Terminate for Cause

15.03 Owner May Terminate For Convenience

15.04 Contractor May Stop Work or Terminate

ARTICLE 16 - DISPUTE RESOLUTION

16.01 Methods and Procedures

ARTICLE 17 - MISCELLANEOUS

17.01 Giving Notice

17.02 Computation of Times

17.03 Cumulative Remedies

17.04 Survival of Obligations

17.05 Controlling Law

17.06 Headings

00700 - 6

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. In addition to terms specifically defined, terms with initial capital letters in the Contract Documents include references to identified articles and paragraphs, and the titles of other documents or forms.

1. Addenda--Written or graphic instruments issued prior to the opening of Bids which clarify, correct, or change the Bidding Requirements or the proposed Contract Documents.

2. Agreement--The written instrument which is evidence of the agreement between Owner and Contractor covering the Work.

3. Application for Payment--The form acceptable to Engineer which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents.

4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration.

5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed.

6. Bidder--The individual or entity who submits a Bid directly to Owner.

7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda).

8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements.

9. Change Order--A document recommended by Engineer which is signed by Contractor and Owner and authorizes an addition, deletion, or revision in the Work or an adjustment in the Contract Price or the Contract Times, issued on or after the Effective Date of the Agreement.

10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim.

11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral.

12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor’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 11.01.A for definition.

17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined.

18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver.

19. Engineer--The individual or entity named as such in the Agreement.

00700 - 7

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.

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 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

00700 - 8 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 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 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).

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E. Furnish, Install, Perform, Provide

1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition.

2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use.

3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use.

4. When “furnish,” “install,” “perform,” or “pro-vide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied.

F. Unless stated otherwise in the Contract Docu-ments, words or phrases which have 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 Times commence to run.

2.05 Before Starting Construction

A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise specified in the General Requirements), Contractor shall submit to Engineer for timely review:

1. a preliminary Progress Schedule; indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract Documents;

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and 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.

00700 - 10

1. The Progress Schedule will be acceptable to Engineer if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.

2. Contractor’s Schedule of Submittals will be acceptable to Engineer if it provides a workable arrangement for reviewing and processing the required submittals.

3. Contractor’s Schedule of Values will be acceptable to Engineer as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work.

ARTICLE 3 - CONTRACT DOCUMENTS: INTENT,

AMENDING, REUSE

3.01 Intent

A. The Contract Documents are complementary;

what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to be constructed in accordance with the Contract 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 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

b. the provisions of any Laws or Regulations applicable to the performance of the Work

00700 - 11

(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

A. Copies of data furnished by…

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File details come from the government source that posted it. Updated Nov 5, 2026.