2026 Sewer Excavation Point Repair Project

2026 Sewer Excavation Point Repair Project

July 2026July 2026

MT. OLYMPUS

IMPROVEMENT DISTRICT

MT. OLYMPUS

IMPROVEMENT DISTRICT

CONTRACT DOCUMENTS FOR CONSTRUCTION

of the

2026 SEWER EXCAVATION POINT REPAIR PROJECT

for

MT. OLYMPUS IMPROVEMENT DISTRICT

7/14/26

3932 South 500 East Salt Lake City, Utah 84107

(801) 262-2904

TABLE OF CONTENTS

CONTRACT DOCUMENTS FOR CONSTRUCTION OF

2026 SEWER EXCAVATION POINT REPAIR PROJECT

PART 1. LEGAL AND PROCEDURAL DOCUMENTS Page Section

1.1 Advertisement ...................................................................................................................................... 1.1

1.2 Instruction to Bidder ............................................................................................................................. 1.2

1.3 Proposal ............................................................................................................................................... 1.4

1.4 Bid Bond ............................................................................................................................................... 1.8

1.5 Contract Agreement ............................................................................................................................. 1.9

1.6 Performance Bond ............................................................................................................................. 1.10

1.7 Payment Bond .................................................................................................................................... 1.11

PART 2. GENERAL CONDITIONS OF THE CONTRACT

Standard General Conditions (EJCDC Document C-700) .......................................................................... 1 to 62 Supplementary Conditions .................................................................................................................. SC1 to SC5

PART 3. SPECIAL CONDITIONS

Section

3.1 Special Project Conditions ................................................................................................................... 3.1

3.2 Measurement and Payment ................................................................................................................. 3.4

PART 4. TECHNICAL SPECIFICATIONS

4.1 District Technical Specifications .......................................................................................................... 4.1

PART 5 DRAWINGS

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1.1

Advertisement for Bid

2026 SEWER EXCACVATION POINT REPAIR PROJECT

RECEIPT AND OPENING OF BIDS: Sealed bids will be received in PDF format on Bonfire until 2:00 p.m. on Tuesday, July 28, 2026, for the MT. OLYMPUS IMPROVEMENT DISTRICT - 2026 SEWER EXCAVATION POINT REPAIR PROJECT. At which time, bids will be opened publicly. Bids in PDF format must be submitted on Bonfire.

DESCRIPTION OF WORK: The work consists of excavation point repairs at 9 locations, mobilizations, bypass pumping, permits, and traffic control and all restoration of all damaged infrastructure.

LOCATION OF THE WORK: All work is located within the District's service area.

COMPLETION OF THE WORK: All work covered by the contract documents shall be completed as proposed by the contractor awarded the work. All work must be completed by October 31, 2026.

OBTAINING CONTRACT DOCUMENTS: Contract Documents, including Drawings and Technical Specifications will be available July 14, 2026. The Contract Documents will be available for review after that date by interested Contractors online at https://utah.bonfirehub.com/portal/.

BID SECURITY: Each bid shall be accompanied by a certified check, cashier's check or bid bond in the amount of five percent (5%) of the total bid price payable to Mt. Olympus Improvement District as a guarantee that the bidder, if his bid is accepted, will promptly execute the Contract, secure payment of worker's compensation insurance and furnish a satisfactory, faithful performance bond in the amount of one hundred percent (100%) of the contract price and a payment bond in the amount of one hundred (100%) of the contract price.

AWARD OF WORK: Any contractor who has not worked in the District within the last 5 years may be required to submit additional documentation. The documentation shall include experience and references for at least 3 projects of similar scope and size completed within the last 5 years. The work will be awarded based on experience, references, availability, and cost.

WAITING PERIOD BEFORE AWARD: A waiting period of 30 calendar days from the date of opening of bids to award of contract may be required. Bidder's shall assume full responsibility for and shall guarantee the bid price during this period and make certain the time period is stated in and does not restrict the proposal guarantee.

PROJECT ADMINISTRATION: All questions relative to this project prior to the opening of bids shall be directed to the Project Engineer on Bonfire. It shall be understood, however, that no specification interpretations will be made by telephone or email, nor will any "or equal" products be considered for approval prior to award of contract.

OWNER'S RIGHTS RESERVED: The Owner reserves the right to reject any or all bids, to waive an informality in a bid, and to make awards in the interest of the Owner.

Dated 14th day of July 2026

By: Tammy Gonzales Mt. Olympus Improvement District Recorder

1.2

INSTRUCTION TO BIDDER

1. PREPARATION OF PROPOSAL

Proposals must be made on the prescribed forms. Each blank provided in the form titled "Proposal" shall be completed in ink (or typing). Where indicated, amounts are to be both words and figures with amounts extended and totaled. In case of discrepancy between written amounts and figures, the written amounts shall govern.

Any proposal must be deemed informal which contains omissions, erasures, alterations, additions, or irregularities of any kind.

The Bidder shall sign his name in the blank space provided. If the proposal is made by a partnership or corporation, the name and address of the partnership or corporation shall be shown. If the proposal is made by a partnership, it must be acknowledged by one of the partners; if made by a corporation, by one of the officers. The Bidder shall comply with all other specific requirements of the proposal form.

2. EXAMINATION OF SITE AND CONDITIONS

Before making a proposal, the Bidder shall examine the site of the work and determine for himself the existing conditions and the extent of which they will affect the proposal. Failure to do so will not relieve him from performing the work in strict accordance with the requirements of the Contract Documents.

No statement made by the Owner, or its officers, agents of employees pertaining to the site of the work or the conditions under which the work must be performed will be binding on the Owner.

There is not a pre-bid conference for this project.

3. SUBMISSION OF PROPOSAL

Each proposal shall be completely sealed in a package, marked with the name and address of the Bidder and the name of the project. The proposal must be delivered to the place named in the official advertisement and before the specified time. Bids submitted electronically through Bonfire will also be accepted. Emailed bids or bids submitted in other formats will not be accepted.

4. MODIFICATION OF DELIVERED PROPOSAL

Change in a proposal already delivered will be permitted only if the request for the privilege of making such modification is made in writing, signed by the Bidder and the specific modification itself is stated prior to the scheduled closing time for the receipt of proposals. To be effective, every modification must be made in writing over the signature of the Bidder. No other form or procedure will be acceptable.

5. WITHDRAWAL OF PROPOSAL

A proposal may be withdrawn prior to the scheduled closing time if the Bidder appears in person, or upon his facsimile or written request. A telephoned request for withdrawal will not be recognized for this purpose. No Bidder will be permitted to withdraw his proposal after the scheduled closing time for filing bids, unless the contract has not been awarded before the expiration of the 60 day period immediately following the proposal submittal date. Bids received after the scheduled closing time will be returned to the Bidder unopened.

6. OPENING AND REJECTION OF PROPOSALS

All proposals received prior to the scheduled closing time and which are not withdrawn as above provided will

1.3 be opened and read even though there may be irregularities or informalities therein, except that any proposal which is not signed will not be read and will be rejected without consideration.

The Owner reserves the right before or after opening, to reject any or all proposals or to waive any informalities therein if it is believed that the best interests of the Owner will be served thereby.

7. AWARD OF CONTRACT

The contract will either be awarded or all proposals rejected within forty-five (45) calendar days of the opening. Any contractors who have not worked in the District within the last 5 years will be required to submit additional documentation. The documentation shall include experience and references for at least 3 projects of similar scope and size completed within the last 5 years. The work will be awarded based on experience, references, availability and cost. The owner reserves the right to award or reject any or all individual schedules.

8. INTERPRETATION OF DOCUMENTS

If any person contemplating submitting a proposal is in doubt as to the true meaning of any part of the Contract Documents or finds discrepancies in or omissions from the drawings or specifications, he may submit to the Engineer a written request for an interpretation or correction thereof and to be given consideration, shall be received at least five (5) days prior to date fixed for opening proposals. The person submitting the request will be responsible for its prompt delivery. Any interpretation or correction of the documents will be made only by addendum duly issued, and a copy of the addendum will be emailed to each person receiving a set of the Contract Documents. Neither the Owner nor the Engineer will be responsible for any other explanation or interpretation of the Contract Documents.

9. ADDENDA

Any addenda issued during the time of bidding will be in the form of written addenda to the specifications and will be available at the office of the engineer. It is the responsibility of the bidder to verify the existence of and obtain a copy of each addendum before the bid opening. All addenda so issued shall become a part of the Contract Documents.

10. EMPLOYEE STATUS VERIFICATION (E-Verify)

Utah Code Annotated Section 63G-11-103(3) states: “Beginning July 1, 2009, a public employer may not enter into a contract for the physical performance of services within the state with a contractor unless the contractor registers and participates in the Status Verification System (E-Verify) to verify the work eligibility status of the contractor’s new employees that are employed in the State.” All bidders are required to conform to this law and should not submit a bid unless they currently comply with its provisions.

1.4

PROPOSAL

Date:_____________________________

Mt. Olympus Improvement District 3932 South 500 East Salt Lake City, UT 84107

Gentlemen:

Complying with your request for bids and the information and instructions to bidders and all documents related thereto, the undersigned hereby proposes to furnish all labor and materials and to perform all work for the 2026 SEWER EXCAVATION POINT REPAIR PROJECT as required by and in strict accordance with drawings and specifications prepared for the same by District Engineer, for the prices shown on the bidding schedule(s).

All work covered by the contract documents shall be completed by October 31, 2026.

We propose to begin the Work on or before __________________________, 2026

We propose to complete the Work on or before ________________________, 2026

It is understood and agreed that the Contractor shall pay the Owner, as liquidated damages, the sum of $1,000.00 for each and every day that the work remains uncompleted after the elapse of the contract time, as provided.

Upon written notice, within 10 days after the date of opening of the proposals, or at any time thereafter before this proposal is withdrawn, the undersigned agrees that he, or they, will execute and deliver a contract, a performance bond, and labor and materials payment bond, as specified in accordance with proposals accepted.

Enclosed is_______________________________ as required in the sum of $_____________________.

Bid Bond or Cashier's Check

Addenda Nos._______________________________ have been received.

Proposed Sub-contractors:

Name: Type of Work:

1.5

The following information is for Contractor's who have not worked in the District within the last 5 years. List 3 projects of similar scope and size completed within the last 5 years.

Owner Name / Contact Info

Project Description Project Cost Year

1. ______________________ __________________________________ _____________ ________

2. ______________________ __________________________________ _____________ ________

3. ______________________ __________________________________ _____________ ________

*Please attach any additional information for the above referenced projects and/or any additional projects separately.

1.6

B I D D I N G S C H E D U L E

2026 SEWER EXCAVATION POINT REPAIR PROJECT

Item Description Quantity Unit Price Amount

1 Furnish and Install 8” Point Repair. Located at 39 E. White Place (A14-15 to A14-12).

1 LS _________ ____________

2 Furnish and Install 8” Point Repair. Located at 3212 S Kenwood St (A70-18 to A70-17).

1 LS _________ ____________

3 Furnish and Install 8” Point Repair. Located at 3130 S. 1810 E. (A70-23 to A70-22).

1 LS _________ ____________

4 Furnish and Install 8” Point Repair. Located at 2890 S. Melbourne Ave. (A70-62 to A70-61).

1 LS _________ ____________

5 Furnish and Install 8” Point Repair. Located at 3450 S. Virginia Way (B32A-31 to B32A-30).

1 LS _________ ____________

6 Furnish and Install 8” Point Repair. Located at 3380 S. La Mesa Dr. (B35-19 to B35-18).

1 LS _________ ____________

7 Furnish and Install 10” Point Repair. Located at 2967 S Warr Rd (B40-15 to B40-14).

1 LS _________ ____________

8 Furnish and Install 6” Point Repair. Located at 3747 S. Honeycut Rd. (C46-228 to C46-18).

1 LS _________ ____________

9 Furnish and Install 8” Point Repair. Located at 5349 S Holladay Blvd. (N143-61 to N143-23).

1 LS _________ ____________

Total Bid (Items 1 – 9) ____________________

It is understood that the quantities stated are approximate only and are for the purpose of comparing bids and fixing the amount of bonds, and the payments will only be made on the basis of the above unit prices in the actual quantities, as determined by the Owner's Engineer in the completed work.

The undersigned have checked carefully all of the above figures and understand that the Owner will not be responsible for any errors or omissions on the part of the undersigned in making up this bid.

In submitting this bid, it is understood that the right is reserved by the Owner to reject any and all bids and award any and all schedules together or separately in the interest of the Owner.

It is agreed that the bid may not be withdrawn over a period of thirty (30) days from the opening thereof.

It is understood that the Owner cannot enter into a contract for the physical performance of services within the state with a contractor unless the contractor registers and participates in the Status Verification System to verify the work eligibility status of the contractor’s new employees that are employed in the state.

Accordingly, by signing below, the Contractor certifies that he or she is a participant in the Status Verification System.

1.7

Contractor by affidavit that the contractor or subcontractor has verified through the Status Verification System the employment status of each new employee of the respective contractor or subcontractor.

Respectfully submitted:

Contractor Contractor's License #

By: ______________________________ ______________________________________ Title

Business Address City State Zip Code

Business Phone Business Fax Email Address

1.8

BID BOND

KNOW ALL MEN BY THESE PRESENTS,

That__________________________________________________________________as Principal, And_____________________________________________________________________as Surety, are held and firmly bound by MT. OLYMPUS IMPROVEMENT DISTRICT hereinafter called "Owner", in the sum of_________________________________________________ (not less than 5% of the total amount) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Principal has submitted a bid to said Owner to perform all work required under the bidding schedule(s)___________________________________________________________of the

Owner's Contract Documents entitled 2026 SEWER EXCAVATION POINT REPAIR PROJECT

NOW THEREFORE, if said Principal is awarded a contract by said Owner and, within the time and in the manner required under the heading "Instruction to Bidders", enters into a written contract on the form of agreement bound with said Contract Documents, furnishes the required certificates of insurance, and furnishes the required Performance Bond and Payment Bond within 10 calendar days after receipt of contract from said Owner, then this obligation shall be null and void; otherwise, it shall remain in full force and effect.

In the event suit is brought upon this bond by said Owner and judgment is recovered, said Surety shall pay all costs incurred by said Owner in such suit, including reasonable attorney's fee to be fixed by the court.

SIGNED AND SEALED, this___________ day of ________________________________.

__________________________________ (SEAL)_________________________________ (SEAL) Principal Surety

By:____________________________________ By:____________________________________ Signature Signature

(SEAL AND NOTARIAL ACKNOWLEDGMENT OF SURETY)

1.9

CONTRACT AGREEMENT

This contract made and entered into the ____ day of _____________________ in the year 2026 between MT. OLYMPUS IMPROVEMENT DISTRICT, hereinafter called the OWNER and ______________________, hereinafter called the

CONTRACTOR.

Part I--Statement of Work

CONTRACTOR shall furnish all materials, equipment and personnel necessary to construct the 2026 SEWER EXCAVATION POINT REPAIR PROJECT (“WORK”). The WORK shall be accomplished in accordance with the Plans, Technical Specifications, General Conditions and Special Conditions (“SPECIFICATIONS”) prepared by the District Engineer

(“ENGINEER”).

SPECIFICATIONS are incorporated herein by reference.

Part II--Period of Performance

The CONTRACTOR shall complete all work under this contract on or before ____________________ _____ , 2026.

Contractor and Owner recognize that time is of the essence and that Owner will suffer financial loss if the Work is not completed within the time specified above, plus any approved extensions as outlined in the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration preceding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay Owner $1,000.00 per day for each day that expires after the completion time specified in this agreement until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner $1,000.00 for each day that expires after the contract completion time for completion and readiness for final payment until the Work is completed and ready for final payment.

Part III- Consideration

For and in consideration of the performance of this contract, the CONTRACTOR shall be paid: (Unit price contract-- Contract Price to be adjusted based on actual quantity of the work)

Part IV--Special Provisions A. Wage Rate--N/A.

B. Terms and Conditions

(1) The General Conditions of the Contract, EJCDC Document C-700 appended hereto are hereby made part of this contract.

(2) CONTRACTOR shall deliver to the OWNER required Bonds and Certificates of Insurance naming the OWNER, MT. OLYMPUS IMPROVEMENT DISTRICT, and it's elected and appointed officials, employees, volunteers, agents, and others working on behalf of the OWNER as additional insured.

(3) Indemnification: CONTRACTOR at its own expense, agrees to protect, indemnify, pay on behalf of, defend and hold harmless the OWNER, it's elected and appointed officials, employees and volunteers and their agents from all claims, demands, judgments, expenses, and all other damages of every kind and nature, made, rendered, or incurred by or in behalf of any person or persons whomsoever, including the parties hereto and their employees, which may arise out of any act or failure to act, work or other activity related in any way to this project under this contract, by the CONTRACTOR, contractor's agents, employees, subcontractors, or suppliers in the performance and execution of this contract as outlined in Section 6.2 of the General Conditions.

Owner:

3932 South 500 East Millcreek, UT 84107

Contractor:

Title Title

Attest

1.10

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS,

That____________________________________________________________________as Contractor, And________________________________________________________________________as Surety, are held and firmly bound unto MT. OLYMPUS IMPROVEMENT DISTRICT hereinafter called "Owner", in the sum of_______________________________________________ (not less than 100% of the total amount) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with said Owner to perform all work required under the bidding schedule(s) of the Owners Contract Documents entitled:

2026 SEWER EXCAVATION POINT REPAIR PROJECT

NOW THEREFORE, if said Contractor shall perform all the requirements of said Contract required to perform on his part, at the times and in the manner specified therein, then the obligation shall be null and void;

otherwise, it shall remain in full force and effect.

PROVIDED, that any alterations in the work to be done or the materials furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety.

SIGNED AND SEALED, this_____________day of________________________________, __________

__________________________________ (SEAL) ____________________________________(SEAL) Contractor Surety

By:______________________________ By: __________________________________________

1.11

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS,

That ____________________________________________________________________ as Contractor, And _______________________________________________________________________ as Surety, are held and firmly bound unto MT. OLYMPUS IMPROVEMENT DISTRICT hereinafter called "Owner", in the sum of ___________________________________________________ (not less than 100% of the total amount) dollars, for the payment of which sum, well and truly to be made, we bind ourselves, our heirs, executors, administrators, successors, and assigns, jointly and severally, firmly by these presents.

WHEREAS, said Contractor has been awarded and is about to enter into the annexed Contract with said Owner to perform all work required under the bidding schedule(s) of the Owners Contract Documents entitled:

2026 SEWER EXCAVATION POINT REPAIR PROJECT

NOW THEREFORE, if said Contractor, or subcontractor, fails to pay for all materials, equipment, or other supplied, or for rental of same, used in connection with the performance of work contracted to be done, or for amounts due under applicable State law for any work or labor thereon, said surety will pay for the same in an amount not exceeding the sum specified above, and, in the event suit is brought upon this bond, a reasonable attorney's fee to be fixed by the court. This bond shall inure to the benefit of any persons, companies, or corporations entitled to file claims under applicable State law.

PROVIDED, that any alterations in the work to be done or the materials furnished, or changes in the time of completion, which may be made pursuant to the terms of said Contract, shall not in any way release said Contractor or said Surety thereunder, nor shall any extensions of time granted under the provisions of said Contract release either said Contractor or said Surety, and notice of such alterations or extensions of the Contract is hereby waived by said Surety.

SIGNED AND SEALED, this_____________day of________________________________, __________

__________________________________ (SEAL) ____________________________________(SEAL) Contractor Surety

By:______________________________ By: __________________________________________

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EJCDC C-700 Standard General Conditions of the Construction Contract Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.

Page i

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1 – Definitions and Terminology

1.01 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; Designation of Authorized Representatives

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 Insurance

5.05 Owner’s Liability Insurance

5.06 Property Insurance

5.07 Waiver of Rights

5.08 Receipt and Application of Insurance Proceeds

Page ii

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

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

8.12 Compliance with Safety Program

Article 9 – Engineer’s Status During Construction

9.01 Owner’s Representative

9.02 Visits to Site

Page iii

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

9.10 Compliance with Safety Program

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

14.05 Partial Utilization

14.06 Final Inspection

14.07 Final Payment

14.08 Final Completion Delayed

14.09 Waiver of Claims

Page iv

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

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

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

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

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

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

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

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

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

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

8. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid security of acceptable form, if any, and the Bid Form with any supplements.

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

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

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

12. Contract Documents—Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents.

13. Contract Price—The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work).

14. Contract Times—The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any; (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment.

15. Contractor—The individual or entity with whom Owner has entered into the Agreement.

16. Cost of the Work—See Paragraph 11.01 for definition.

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

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

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

20. Field Order—A written order issued by Engineer which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times.

21. General Requirements—Sections of Division 1 of the Specifications.

22. Hazardous Environmental Condition—The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto.

23. Hazardous Waste—The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time.

24. Laws and Regulations; Laws or Regulations—Any and all applicable laws, rules, regulations, ordinances, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.

25. Liens—Charges, security interests, or encumbrances upon Project funds, real property, or personal property.

26. Milestone—A principal event specified in the Contract Documents relating to an intermediate completion date or time prior to Substantial Completion of all the Work.

27. Notice of Award—The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement.

28. Notice to Proceed—A written notice given by Owner to Contractor fixing the date on which the Contract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents.

29. Owner—The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed.

30. PCBs—Polychlorinated biphenyls.

31. Petroleum—Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils.

32. Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times.

33. Project—The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part.

34. Project Manual—The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents.

35. Radioactive Material—Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time.

36. Resident Project Representative—The authorized representative of Engineer who may be assigned to the Site or any part thereof.

37. Samples—Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged.

38. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities.

39. Schedule of Values—A schedule, prepared and maintained by Contractor, allocating portions of the Contract Price to various portions of the Work and used as the basis for reviewing Contractor’s Applications for Payment.

40. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work.

41. Site—Lands or areas indicated in the Contract Documents as being furnished by Owner upon which the Work is to be performed, including rights-of-way and easements for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor.

42. Specifications—That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto.

43. Subcontractor—An individual or entity having a direct contract with Contractor or with any other Subcontractor for the performance of a part of the Work at the Site.

44. Substantial Completion—The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Engineer, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended.

The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof.

45. Successful Bidder—The Bidder submitting a responsive Bid to whom Owner makes an award.

46. Supplementary Conditions—That part of the Contract Documents which amends or supplements these General Conditions.

47. Supplier—A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or Subcontractor.

48. Underground Facilities—All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

49. Unit Price Work—Work to be paid for on the basis of unit prices.

50. Work—The entire construction or the various separately identifiable parts thereof required to be provided under the Contract Documents. Work includes and is the result of performing or providing all labor, services, and documentation necessary to produce such construction, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents.

51. Work Change Directive—A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times.

1.02 Terminology

A. The words and terms discussed in Paragraph 1.02.B through F are not defined but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.

B. Intent of Certain Terms or Adjectives:

1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered,” “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer. In addition, the adjectives “reasonable,” “suitable,” “acceptable,” “proper,” “satisfactory,” or adjectives of like effect or import are used to describe an action or determination of Engineer as to the Work. It is intended that such exercise of professional judgment, action, or determination will be solely to evaluate, in general, the Work for compliance with the information in the Contract Documents and with the design concept of the Project as a functioning whole as shown or indicated in the Contract Documents (unless there is a specific statement indicating otherwise). The use of any such term or adjective is not intended to and shall not be effective to assign to Engineer any duty or authority to supervise or direct the performance of the Work, or any duty or authority to undertake responsibility contrary to the provisions of Paragraph 9.09 or any other provision of the Contract Documents.

C. Day:

1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.

D. Defective:

1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:

a. does not conform to the Contract Documents; or

b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or

c. has been damaged prior to Engineer’s recommendation of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05).

E. Furnish, Install, Perform, Provide:

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

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

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

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

F. Unless stated otherwise in the Contract Documents, words or phrases that have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning.

ARTICLE 2 – PRELIMINARY MATTERS

2.01 Delivery of Bonds and Evidence of Insurance

A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish.

B. Evidence of Insurance: Before any Work at the Site is started, Contractor and Owner shall each deliver to the other, with copies to each additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which either of them or any additional insured may reasonably request) which Contractor and Owner respectively are required to purchase and maintain in accordance with Article 5.

2.02 Copies of Documents

A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction.

2.03 Commencement of Contract Times; Notice to Proceed

A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after the Effective Date of the Agreement. In no event will the Contract Times commence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier.

2.04 Starting the Work

A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run.

2.05 Before Starting Construction

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

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

2. a preliminary Schedule of Submittals; and

3. a preliminary Schedule of Values for all of the Work which includes quantities and prices of items which when added together equal the Contract Price and subdivides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.06 Preconstruction Conference; Designation of Authorized Representatives

A. Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records.

B. At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit instructions, receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.

2.07 Initial Acceptance of Schedules

A. At least 10 days before submission of the first Application for Payment a conference attended by Contractor, Engineer, and others as appropriate will be held to review for acceptability to Engineer as provided below the schedules submitted in accordance with Paragraph 2.05.A.

Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Engineer.

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

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

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

ARTICLE 3 – CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE

3.01 Intent

A. The Contract Documents are complementary; what is required by one is as binding as if required by all.

B. It is the intent of the Contract Documents to describe a functionally complete project (or part thereof) to be constructed in accordance with the Contract Documents. Any labor, documentation, services, materials, or equipment that reasonably may be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the indicated result will be provided whether or not specifically called for, at no additional cost to Owner.

C.