Section 00 70 00 Bid Set General Conditions May 4, 2026

Riddle Community Schoolyard 00 70 00 - Page 1

SECTION 00 70 00 GENERAL CONDITIONS

REFERENCES:

The General Conditions shall be “General Conditions of the Contract and/or Construction, Riddle Community Schoolyard, Douglas County, Oregon,” bound herein.

SUPPLEMENTS:

Supplements may modify, change, delete, or add to the General Conditions. Where any article of the General Conditions is modified or any paragraph deleted, subparagraph or clause thereof is modified, or deleted by these supplements, the unaltered provisions of such article, paragraph, subparagraph or clause shall remain in effect. The General Conditions and the Supplementary General Conditions are applicable to all of the Work under this Contract and shall apply to Contractor and all Subcontractor’s and Sub-subcontractors.

INDEX

Article 1 General Provisions

Article 2 Owner’s Representative

Article 3 Architect

Article 4 Contractor

Article 5 Subcontractors

Article 6 Work by Property Owner’s Representative or by Separate Contractors

Article 7 Miscellaneous Provisions

Article 8 Time

Article 9 Payments and Completion

Article 10 Protection of Persons and Property

Article 11 Insurance

Article 12 Changes in the Work

Article 13 Termination of the Contract

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ARTICLE 1: GENERAL PROVISIONS

1.1 DEFINITIONS

1.1.1 THE CONTRACT DOCUMENTS

The Contract Documents consist of the Construction Services Agreement; the Conditions of the Contract (General, Supplementary, and other Conditions); the Drawings (not including “Play Installation Drawings,” which are for reference only and are not made part of the Contract Documents); the Specifications; Payment and Performance Bonds; all Addenda issued prior to execution of the Contract; written amendments to the Contract signed by the Client and the Contractor; Change Orders; Construction Change Directives; written interpretation or clarification issued by the Architect pursuant to Subparagraph 3.2.11 or a written order issued by TPL’s Project Manager pursuant to Paragraph 12.1; the Bidding Documents such as the Notice of Invitation to Bid;

the Instructions to Bidders; and the Contractor’s Proposed Bid.

1.1.2 THE CONTRACT

The Contract is the sum of all the Contract Documents. This Contract represents the entire and integrated agreement between the Client and the Contractor and supersedes all prior negotiations, representations or agreements, either written or oral. The Contract may be amended or modified only by (A) a written amendment to the Contract signed by the Client and the Contractor, (B) a Change Order, (C) a written interpretation or clarification issued by the Architect pursuant to Subparagraph 3.2.11, or (D) a written order issued by the Project Manager pursuant to Paragraph 12.1.

1.1.3 MODIFICATION

A Modification is (A) a written amendment to the Contract signed by both parties, (B) a Change Order, (C) a Construction Change Directive, or (D) a written order for a minor change in the Work issued by the Architect.

1.1.4 THE WORK

The Work comprises the completed construction required by the Contract Documents and includes all labor necessary to produce such construction, and all materials and equipment incorporated or to be incorporated in such construction.

1.1.5 THE PROJECT

The Project is the total construction of which the Work performed under the Contract Documents may be the whole or a part and which may include construction by separate contractors.

1.1.6 PLANS OR DRAWINGS

The Drawings are the graphic and pictorial portions of the Contract Documents showing the design, location and dimensions of the Work, generally including plans, elevations, sections, details, Riddle Community Schoolyard Division 00 - Page 3 schedules and diagrams.

1.1.7 SPECIFICATIONS

The Specifications are the portion of the Contract Documents consisting of the written requirements for materials, equipment, systems, standards and workmanship for the Work, and performance of related services. These are written to, and for, the Contractor, with guidance and reference given to suppliers and subcontractors in separate sections. It is the responsibility of the Contractor to ensure that all construction items in each section are implemented.

1.1.8 MANUFACTURER

An individual, company, or corporation who manufactures, fabricates, or assembles a standard product. A standard product is one that is not made to special design, and is furnished by either direct sale or by contract to the Contractor, Subcontractor or Vendor.

1.1.9 MATERIAL SUPPLIER OR VENDOR

A person or organization who supplies, but who is not responsible for the installation of, materials, products and equipment of a standard nature that are not specifically fabricated for this particular contract.

1.2 EXECUTION, CORRELATION AND INTENT

1.2.1 The intent of the Contract Documents is to include all items necessary for Contractor’s proper execution and completion of the Work. The Contract Documents are complementary, and what is required by anyone shall be as binding as if required by all. Work not covered in the Contract Documents will not be required unless it is consistent therewith or is reasonably inferable therefrom as being necessary to produce the intended results. Words and abbreviations which have well-known technical or trade meanings are used in the Contract Documents in accordance with such recognized meanings unless otherwise specifically defined herein.

1.2.2 The organization of the Specifications into division, sections and articles, and the arrangement of the Drawings shall not control the Contractor in dividing the Work among Subcontractors or in establishing the extent of Work to be performed by any trade.

1.2.3 If any portion of the Contract Documents shall be in conflict with any other portion, the various documents comprising the Contract Documents shall govern in the order of precedence as herein set forth according to their latest date of execution; written interpretation or clarification by the Architect issued pursuant to Subparagraph 3.2.11 or by the Project Manager pursuant to Paragraph 12.1; Change Orders; written amendments to the Construction Services Agreement; the Construction Services Agreement; Addenda; Special Conditions; Supplementary Conditions; General Conditions; Specifications; Drawings; Bidding Documents; Contractor's Proposal. The Specifications take precedence over Drawings for the specific type or quality of materials or the quality of installation; the Drawings take precedence over the Specifications with regard to quantities, locations or detail of installation; as between schedules and general notes given on Drawings, the general

Riddle Community Schoolyard Division 00 - Page 4 notes shall take precedence; as between general notes given on the Drawings and specific, detailed notes, the latter shall take precedence; as between large-scale Drawings and small-scale Drawings, the larger scale shall take precedence. Specifications having greater detail or specificity; and details take precedence over general drawings.

1.2.4 The Contractor agrees that nothing contained in the Contract Documents or any Contract between the Client and the Architect shall create any contractual relationship between the Architect and the Contractor, or between the Client or Architect and any Subcontractor or Sub-subcontractors.

The Contractor acknowledges and agrees that this Contract is not intended to create, nor shall any provision be interpreted as creating any contractual relationship between the Client or Contractor and any third parties.

1.2.5 Any material or operation specified by reference to published specifications of a manufacturer, a society, an association, a code, or other published standard, shall comply with requirements of the listed document which is current on date of receipt of Proposals. In case of a conflict between referenced document and Project Specifications, Project Specifications shall govern.

In case of a conflict between referenced documents, the one having more stringent requirements or higher value shall govern.

1.2.6 The Contractor, if requested, shall furnish an affidavit from manufacturer certifying that a material or product delivered to job meets requirements specified.

1.2.7 By executing the Contract, the Contractor represents that Contractor has visited the Site, familiarized itself with the local conditions under which the Work is to be performed, and correlated Contractor's observations with the requirements of the Contract Documents.

1.2.8 The Contract Documents may be executed in counterparts, each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

1.3 OWNERSHIP AND USE OF DRAWINGS AND SPECIFICATIONS

1.3.1 Unless otherwise provided in the Contract Documents, the Contractor will be furnished one copy of the Contract Documents. Any reproduction and use of the Contract Documents shall be solely and exclusively for the execution of the Work, and may not be used on other projects of for additions to this Project outside the scope of the Work without the specific written consent of the Client and Architect.

1.3.2 After Bid Award, electronic copies containing simplified versions of the electronic construction drawings will be forwarded to the Contractor for the Contractor's use and distribution as base drawings for the preparation of the Contractor's shop drawings. The Architect, or the Architect's consultants, will not issue electronic drawing files of any nature to anyone other than the Contractor.

1.3.3 All Drawings, Specifications and copies thereof furnished to, or made by, the Contractor are and shall remain property of the Architect and the Client. With the exception of one contract set for each party to the Contract, such documents are to be returned or suitably accounted for to the Client

Riddle Community Schoolyard Division 00 - Page 5 on request at the completion of the Work. Submission or distribution to meet official regulatory requirements or for other purposes in connection with the Project is not to be construed as publication in derogation of the common law copyright or other reserved rights of the holder thereof.

ARTICLE 2: PROPERTY OWNER’S REPRESENTATIVE

2.1 GENERAL

2.1.1 The Property Owner is the Riddle School District 70 and is referred to throughout the Contract Documents as “Property Owner” or “School District.” The term Property Owner means the Property Owner or its authorized representatives or agents.

2.1.2 The Client, Trust for Public Land, is the Property Owner’s Representative and is referred to throughout the Contract Documents as “Client,” “Owner’s Representative,” “Property Owner’s Representative,” or “TPL.” The term Client means the Client or its authorized representatives or agents.

2.2 CLIENT’S PROJECT MANAGER

The Client, Trust for Public Land, is the Property Owner’s Representative. The Client’s Project Manager (“Project Manager”) is the Client’s representative and agent with respect to this Project during construction and until the issuance of the final Certificate of Payment. The Client’s communications with the Contractor and Architect shall be exclusively through the Project Manager.

The Project Manager will have full authority to act on behalf of the Client and Property Owner with regard to all aspects of this Project. All of the Project Manager’s actions with regard to this Project will be as an agent and representative of the Client and Property Owner.

2.3 INFORMATION, SERVICES AND RIGHTS OF THE CLIENT

2.3.1 The Project Manager shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access.

2.3.2 The Client shall not be responsible for or have control or charge of the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents.

2.3.3 The Client will not be responsible for the failure of the Contractor to plan, schedule, and execute the Work in accordance with the approved schedule or the failure of the Contractor to meet the Contract completion dates or the failure of the Contractor to schedule and coordinate the Work of Contractor’s own trades and Subcontractors or to coordinate and cooperate with other separate Contractors.

2.3.4 The Client will not be responsible for the acts or omissions of the Architect, the Contractor, any other contractor, or any subcontractor, or any other contractor’s or subcontractor’s agents or employees, or any other persons performing any of the Work.

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2.3.5 The Project Manager has authority to disapprove, condemn or reject work on behalf of the Client when, in the Project Manager's opinion, the Work does not conform to the Contract Documents. Whenever in the Project Manager's reasonable opinion it is considered necessary or advisable to ensure the proper implementation of the intent of the Contract Documents, the Project Manager shall have the authority to require special inspection or testing of any work in accordance with the provisions of the Contract Documents whether or not such work is then fabricated, installed, or completed.

2.3.6 The Project Manager will review all requests for changes and shall implement the processing of Change Orders including applications for extensions of time.

2.3.7 The Project Manager will review and process all applications for payment by the Contractor, including final application for payment and will consult with the Architect as appropriate.

2.3.8 Information or services under the Client's control will be furnished by the Client with reasonable promptness to avoid delay in the orderly progress of the Work.

2.4 CLIENT’S RIGHT TO STOP THE WORK

2.4.1 If the Contractor fails to correct defective Work as required by Paragraph 4.6 or persistently fails to carry out the Work or supply labor or material in accordance with the Contract Documents, the Project Manager, by a written order, may instruct the Contractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however, this right of the Project Manager to stop the Work on behalf of the Client shall not give rise to any duty on the part of the Project Manager to exercise this right for the benefit of the Contractor or any other person or entity.

2.4.2 The Project Manager may order the Contractor in writing to suspend, delay, or interrupt all or any part of the Work for such period of time as it may determine to be appropriate for the convenience of the Client.

ARTICLE 3: ARCHITECT

3.1 GENERAL

3.1.1 The Architect is the person or organization lawfully licensed to practice architecture, landscape architecture, or engineering, or any entity lawfully practicing architecture, landscape architecture, or engineering, and identified as such in the Construction Services Agreement, and is referred to throughout the Contract Documents as if singular in number. The term Architect means the Architect and its architects and engineers, whether under contract or within its own organization, or its authorized representatives.

3.1.2 Communications between the Contractor or Subcontractors and the Architect, its employees, or its consultants, shall be limited to matters of information; but in no case shall such communications relate to or authorize changes in the Work or give rise to claims for additional Work.

All communications, correspondence, submittals and documents exchanged between the Architect and the Contractor in connection with the Project shall be through the Project Manager or in the manner prescribed by the Project Manager.

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3.2 SERVICES OF THE ARCHITECT

3.2.1 The Architect shall at all times have access to the Work whenever it is in preparation or progress. The Contractor shall provide safe facilities for such access so the Architect may perform its functions under the Contract Documents.

3.2.2 The Architect has no authority to agree on changes in the Contract Sum or Contract Time on the Client's behalf. The Architect will not be responsible for or have control or charge of the construction means, methods, techniques, sequences or procedures, or for safety precautions and programs in connection with the Work, and will not be responsible for the Contractor’s failure to carry out the Work in accordance with the Contract Documents. The Architect will not be responsible for the acts or omissions of the Contractor, any Subcontractors, or any of their agents or employees, or any other persons performing any of the Work.

3.2.3 The Architect will review Shop Drawings, Product Data and Samples, and other submissions of the Contractor as well as the Work performed by the Contractor but only for conformance with the design concept of the Project and for general compliance with the Contract Documents. The review of submittals shall be accomplished by the Architect within fifteen (15) calendar days from date of receipt except when authorized otherwise by the Project Manager.

3.2.4 The Architect will, when requested by the Project Manager, prepare Change Orders.

3.2.5 Should errors, omissions or conflicts in the Drawings, Specifications or other Contract Documents by the Architect be discovered, the Architect will prepare such amendments or supplementary documents, and provide consultation as may be required.

3.2.6 The Architect will render written field reports to the Project Manager in the form required by the Project Manager relating to periodic visits to the Site and inspections of the Project. Based on such Site visits, the Architect will keep the Project Manager reasonably informed about the progress and quality of the portion of the Work completed, and will promptly report to the Project Manager known deviations from the Contract Documents and from the most recent construction schedule submitted by Contractor. The Architect will also keep the Project Manager informed of any defects or deficiencies in the Work.

3.2.7 The Architect shall consult with the Project Manager regarding the Contractor’s Applications for Payment and will sign the Certificates of Payment as provided in Subparagraph 9.4.2.

3.2.8 If the Architect observes any work that does not conform to the Contract Documents, the Architect will report this observation to the Project Manager.

3.2.9 The Architect has authority to disapprove, condemn, or reject work on behalf of the Client when, in the Architect’s opinion, the Work does not conform to the Contract Documents. Whenever in the Architect’s reasonable opinion it is considered necessary or advisable to ensure the proper implementation of the intent of the Contract Documents, the Architect will have the authority to

Riddle Community Schoolyard Division 00 - Page 8 require special inspection or testing of any Work in accordance with the provisions of the Contract Documents whether or not such Work is then fabricated, installed or completed.

3.2.10 The Architect and Project Manager shall conduct observations to determine the dates of Substantial Completion and Final Completion and will jointly issue a final Certificate for Payment.

3.2.11 As required, the Architect will render to the Project Manager, within a reasonable time, interpretations or clarifications of requirements of the Contract Documents. The Architect will make all interpretations consistent with the intent of, and reasonably inferable from, the Contract Documents.

3.2.12 The Architect is not bound to define the limits of any subcontract, and will not enter into disputes between the Contractor and its employees, including Subcontractors. Notwithstanding any provision of the Contract Documents to the contrary, all decisions, orders and certificates of Architect are advisory only and not binding upon Contractor until approved by Client.

ARTICLE 4: CONTRACTOR

4.1 GENERAL

4.1.1 The Contractor is the person or organization identified as such in the Construction Services Agreement and is referred to throughout the Contract Documents as if singular in number. The term Contractor means the Contractor or its authorized representatives, who shall have authority to bind the Contractor in all matters pertinent to this Contract.

4.1.2 The service or services to be rendered under this Contract are those of an independent contractor. Contractor is not an officer, employee or agent of the Client or Property Owner. The Contractor certifies it is not an employee of TPL or of the Riddle School District for purposes of performing work under this Contract.

4.1.3 Contractor will not be eligible for any benefits from contract payments of Federal Social Security, employment insurance, workers’ compensation, or Oregon’s Public Employees’ Retirement System, except as a self-employed individual.

4.1.4 Contractor shall certify that all Subcontractors performing Work described in ORS 701.005(2) (i.e., construction work) will be registered with the Construction Contractors Board or licensed by the State Landscape Contractors Board in accordance with ORS 701.035 to 701.055 before the Subcontractors commence Work under the Contract.

4.2 REVIEW OF CONTRACT DOCUMENTS

4.2.1 Execution of the Construction Services Agreement is a representation by Contractor that Contractor has visited the Site, become generally familiar with local conditions under which the Work is to be performed, and correlated Contractor’s observations with all Contract Document requirements.

4.2.2 Before submitting a Proposal to the Client, and continuously after the execution of the Construction Services Agreement, the Contractor shall carefully study and compare the Contract

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Documents, shall take field measurements of any existing conditions related to the Work, and shall observe any conditions at the Site. The Contractor shall at once report to the Client through the Project Manager, any error, inconsistency or omission the Contractor may discover including any requirement which may be contrary to any law, ordinance, rule, regulation or order of any public authority bearing on the performance of the Work. By submitting a Proposal for the Contract and the Work under it, the Contractor agrees that the Contract Documents, along with any supplementary written instructions issued by or through the Project Manager that have become a part of the Contract Documents, appear accurate, consistent, and complete insofar as can reasonably be determined. If the Contractor has reported in writing an error, inconsistency or omission and has promptly stopped the affected Work until instructed, and otherwise followed the instructions of the Client, the Contractor shall not be liable to the Client or the Architect for any damage resulting from failing to report to the Client or the Architect of any such errors, inconsistencies or omissions in the Contract Documents. The Contractor shall do no Work without Contract Documents and, when required, approved Shop Drawings, Product Data, or samples for such portions of the Work.

4.2.3 If Contractor believes that additional cost or time will be involved because of clarifications or instructions issued by the Architect or Project Manager, Contractor shall submit Claims as provided in Article 12.

4.3 SUPERVISION AND CONSTRUCTION PROCEDURES

4.3.1 The Contractor shall supervise and direct the Work, using Contractor’s best skill and attention. The Contractor shall be solely responsible for all construction means, methods, techniques, sequences and procedures and for coordinating all portions of the Work under the Contract.

4.3.2 The Contractor shall be responsible to the Client and School District for the acts and omissions of the Contractor’s employees, Subcontractors and their agents and employees, and other persons performing any of the Work.

4.3.3 The Contractor shall be responsible for inspection of portions of the Work already performed to determine such portions are in proper condition and shall not be relieved from its obligations to perform the Work in accordance with the Contract Documents either by the activities or duties of the Architect or the Project Manager in their administration of the Contract, or by inspections, tests or approvals (or the lack thereof) required or performed under Paragraph 4.21 by persons other than the Contractor.

4.3.4 The Contractor shall employ a competent Superintendent who shall be in regular attendance at the Project Site during all phases of the progress of the Work. The Superintendent shall represent the Contractor and all communications given to the Superintendent shall be as binding as if given to the Contractor. As soon as practicable after award of the Contract, the Contractor shall provide the name and qualifications of a proposed Superintendent and a list of personnel which shall constitute the supervising staff. Within fifteen (15) days of receipt of such information, the Project Manager may notify the Contractor whether the Client or Architect has a reasonable objection to the proposed Superintendent or whether additional time for review is needed. The Contractor shall not employ a proposed Superintendent to whom the Client or Architect has made reasonable and timely

Riddle Community Schoolyard Division 00 - Page 10 objection. The Contractor shall not change the Superintendent without the Client’s consent, which shall not unreasonably be withheld or delayed.

4.3.5 Before starting work, the Contractor shall locate all general reference points. If necessary, the Contractor shall employ a registered surveyor (licensed by the State of Oregon) to perform such work. The Contractor shall take such steps as are necessary to prevent the dislocation or destruction of the reference points, and shall be responsible for the accuracy of the site and building layout and elevations for the work.

4.4 LABOR AND MATERIALS

4.4.1 Unless otherwise provided in the Contract Documents, the Contractor shall provide and pay for all labor, materials, equipment, tools, construction equipment and machinery, water, heat, utilities, transportation, and other facilities and services necessary for the proper execution and completion of the Work in accordance with the Contract Documents whether temporary or permanent, and whether or not incorporated or to be incorporated in the Work.

4.4.2 All work under this Contract shall be performed in a skillful and workmanlike manner.

4.4.3 The Contractor shall at all times enforce strict discipline and good order among its employees and Subcontractors, and shall not employ on the Work any unfit person or anyone not skilled in the task assigned. The Client may, in writing, require the Contractor to remove from the Work any employee the Client deems incompetent, careless or otherwise objectionable.

4.5 WARRANTY

4.5.1 The Contractor warrants to the Client and the Architect that all materials and equipment furnished under this Contract will be new unless otherwise specified, and that all Work will be of good quality and new, free from faults and defects, and in conformance with the Contract Documents. All work not conforming to these requirements, including substitutions not properly approved and authorized, is hereby deemed defective. If required by the Project Manager or the Architect, the Contractor shall furnish satisfactory evidence as to the kind and quality of materials and equipment.

4.5.2 At Substantial Completion, a one-year (1-year) Maintenance Bond must be issued for 100% of the value of the final contract amount. Client reserves the right to require a Dual Obligee rider benefiting the School District.

4.5.3 The Architect and Project Manager will conduct a warranty review inspection within the tenth month after Final Completion of the Work to identify any deficiencies in the construction that will need to be addressed under warranty by the Contractor or Subcontractors under the Maintenance Bond. The Contractor shall attend a site meeting in the tenth month after Substantial Completion and the Architect, in consultation with the Project Manager, will prepare a report detailing the meeting findings. The Project Manager will identify all follow-up items required, which may include meeting minutes, a punch list (if necessary), additional site visits, meetings and coordinating and inspecting the replacement or repairs of all items identified.

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4.5.4 If, within one (1) year after the Date of Final Completion of the Work or within such longer period of time as may be prescribed by law or by the terms of any applicable special warranty required by the Contract Documents, any of the Work is found to be defective or not in accordance with the Contract Documents, the Contractor shall correct it promptly after receipt of a written notice from the Client to do so, unless the Client has previously given the Contractor a written acceptance of such condition. The Client shall give such notice promptly after discovery of the condition. The Contractor’s obligation to correct shall survive Termination of the Contract.

4.5.5 The one-year period for correction of Work in Subparagraph 4.5.4 shall be extended with respect to portions of Work first performed after Substantial Completion by the period of time between Substantial Completion and the actual completion of that portion of the Work.

4.5.6 Nothing contained in Paragraph 4.5 shall be construed to establish a period of limitation with respect to any other obligation which the Contractor might have under the Contract Documents, including Paragraph 4.6 hereof. The establishment of the time period of one (1) year after the Date of Final Completion or such longer period of time as may be prescribed by law or by the terms of any warranty required by the Contract Documents relates only to the specific obligation of the Contractor to correct the Work, and has no relationship to the time within which its obligation to comply with the Contract Documents may be sought to be enforced, nor to the time within which proceedings may be commenced to establish the Contractor’s liability with respect to its obligations other than the obligation to correct the Work in accordance with Paragraphs 4.5 and 4.6.

4.5.7 All material or other special warranties required by the Contract Documents shall be issued in the name of the Property Owner, or shall be transferable to the Property Owner, and shall commence in accordance with Paragraph 4.5. The warranties set forth in Paragraph 4.5 and elsewhere in the Contract Documents shall survive final acceptance under Paragraph 9.9.

4.6 UNCOVERING AND CORRECTION OF WORK

4.6.1 If any portion of the Work should be covered contrary to the request of the Client, the Architect or the requirements specifically expressed in the Contract Documents, it must be, if required in writing by the Client, uncovered for observation and shall be replaced at the Contractor’s expense.

4.6.2 If any other portion of the Work has been covered which the Architect or the Client has not specifically requested to observe prior to being covered, either may request to see such Work and it shall be uncovered by the Contractor. If such Work be found in accordance with the Contract Documents, the cost of uncovering and replacement shall, by appropriate Change Order, be charged to the Client. If such Work be found not in accordance with the Contract Documents, the Contractor shall pay such costs, the costs of uncovering the Work and the cost of correction shall be at the Contractor’s expense.

4.6.3 The Contractor shall promptly correct all Work rejected by the Project Manager or the Architect as defective or as failing to conform to the Contract Documents, whether observed before or after Substantial Completion and whether or not fabricated, installed, or completed. The Contractor shall bear all costs of correcting such rejected Work, including compensation for the

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Architect’s additional services made necessary thereby.

4.6.4 The Contractor shall remove from the Site all portions of the Work which are defective or non-conforming and are neither corrected by the Contractor nor accepted by the Client.

4.6.5 If the Contractor does not proceed with the correction of defective or non-conforming Work within a reasonable time fixed by written notice from the Client, the Client may either (A) by contract or otherwise replace or correct such Work and charge the Contractor the cost occasioned the Client thereby and remove and store the materials or equipment at the expense of the Contractor; or

(B) terminate this Contract for default as provided in Paragraph 13.3.

4.6.6 The Contractor shall bear the cost of restoring any work of the Client or separate contractors destroyed or damaged by such correction or removal.

4.6.7 If the Client prefers to accept defective or non-conforming Work, it may do so instead of requiring its removal and correction, in which case a Change Order will be issued to reflect a reduction in the Contract Sum where appropriate and equitable. If the amount is determined after final payment, it shall be paid to the Client by the Contractor.

4.7 TAXES

4.7.1 The Contractor shall pay all consumer, use, and other similar taxes for the work or portions thereof provided by the Contractor, which are legally enacted at the time the bids are received, whether or not yet effective.

4.8 PERMITS, FEES AND NOTICES

4.8.1 The Client will secure and pay for all permits, fees, and inspections by government agencies, which are necessary for proper execution and completion of the Work and customarily secured after execution of the Contract. The Contractor will be responsible for obtaining and paying for any permits, assessments, penalties, charges, licensing and re-inspection fees required for the proper execution of the Work as a consequence of the Contractor’s acts or omissions. The Contractor must maintain the permit documents at the Site as required by the applicable governing authority.

4.8.2 The Contractor shall give all notices and comply with all laws, ordinances, rules, regulations, or orders of all public authorities bearing on the performance of the Work.

4.8.3 If the Contractor performs any of the Work knowing it to be contrary to any laws, ordinances, rules, regulation, or orders of any public authority bearing on the performance of the Work and does so without reasonable notice to the Project Manager of same, Contractor shall assume full responsibility therefor and shall bear all costs attributable thereto.

4.9 ALLOWANCES

4.9.1 Allowances will not be used under this contract.

4.10 CONTRACTOR’S CONSTRUCTION SCHEDULE

4.10.1 Within fifteen (15) days of being awarded the Contract, the Contractor shall prepare and submit, for the Project Manager’s approval, a Construction Schedule for the Work which shall

Riddle Community Schoolyard Division 00 - Page 13 provide for expeditious and practicable execution of the Work for completion within the Contract Time. The Construction Schedule shall be revised as required by the conditions of the Work and the Project, subject to the Project Manager’s approval.

4.10.2 The Contractor’s Construction Schedule shall conform to the requirements of Division 01, Section 01 32 00 Construction Progress Documentation.

4.11 RESPONSIBILITY FOR COMPLETION

4.11.1 The Contractor shall furnish such manpower, services, materials, facilities, and equipment and shall work such hours, including overtime operations as may be necessary to ensure the prosecution and completion of the Work or specified portions thereof within the specific dates of the Contract. If it becomes apparent to the Project Manager from progress on the current Construction Schedule that the Work will not be completed within the Contract Time as defined in Paragraph 8.1, the Contractor agrees that it will, as necessary, take some or all of the following actions, at no additional cost to the Client, to improve the progress:

A. increase manpower in such quantities and crafts as will substantially eliminate, in the judgment of the Project Manager, the backlog of work;

B. increase the number of working hours per shift, shifts per working day, working days per week or the amount of equipment, or any combination of the foregoing, sufficiently to substantially eliminate, in the judgment of the Project Manager, the backlog of work; and

C. reschedule activities to achieve maximum practical concurrency of accomplishment of activities.

In addition, should Substantial Completion or Final Completion not be accomplished on schedule, or should the Construction schedule indicate that the Contractor is ten (10) or more work days behind schedule at any time during construction, the Project Manager may require the Contractor to submit a Recovery Schedule demonstrating the Contractor’s proposed plan to make up lag in scheduled progress and to ensure completion of the Work within the Contract Time. If the Project Manager finds the proposed plan not acceptable, it may require the Contractor to submit a new plan.

4.11.2 Failure of the Contractor to substantially comply with the requirements of Paragraph 4.11 may be considered grounds for a determination by the Client, pursuant to Subparagraph 13.3.1, that the Contractor is failing to prosecute the Work with such diligence as will ensure its completion within the time specified.

4.12 DOCUMENTS AND SAMPLES AT THE SITE

The Contractor shall maintain in a safe place at the Site, the Contract Documents, including Drawings, Specifications, Addenda, Change Orders, amendments and written interpretations and clarifications, in good order and marked currently to record all changes applicable to the Work made during construction and approved Shop Drawings, Product Data, and Samples. These shall be available to the Architect and shall be delivered to the Architect for submittal to the Client upon completion of the Work certified in writing by the Contractor to show complete and exact “as-built” conditions, stating sizes, kind of materials, vital piping, conduit locations and similar matters.

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4.13 SHOP DRAWINGS AND SAMPLES

4.13.1 Shop Drawings are drawings, diagrams, schedules, and other data specially prepared by the Contractor or any Subcontractor, manufacturer, supplier, or distributor to illustrate some portion of the Work.

4.13.2 Product Data are illustrations, standard schedules, performance charts, instructions, brochures, diagrams, and other information furnished by the Contractor which illustrate a material, product or system for some portion of the Work.

4.13.3 Samples are physical examples which illustrate materials, equipment, or workmanship and establish standards by which the Work will be judged.

4.13.4 The Contractor shall review, approve and submit, with reasonable promptness and in such sequence as to cause no delay in the Work or in the work of the Client or any separate contractor, all Shop Drawings, Product Data and Samples required by the Contract Documents. Contractor shall submit all shop drawings, samples, product data in the quantity and format specified in Division 01, Section 01 33 00.

4.13.5 By approving and submitting Shop Drawings, Product Data, and Samples, the Contractor represents that it has determined and verified all materials, field measurements, and field construction criteria related thereto, and that it has checked and coordinated the information contained within such submittals with the requirements of the Work and of the Contract Documents.

The Contractor shall adhere to any supplementary processing and scheduling instructions, pertaining to such submittals, as may be issued by the Architect or Project Manager.

4.13.6 The Contractor shall not be relieved of responsibility for any deviation from the requirements of the Contract Documents by the Architect’s review of Shop Drawings, Product Data, Samples, or similar submittals under Subparagraph 3.2.3 unless the Contractor has received a Change Order for same. Contractor shall not be relieved from responsibility for errors or omissions in such submittals by the Architect’s review thereof.

4.13.7 The Contractor shall make any corrections required by the Architect and shall resubmit corrected copies of Shop Drawings or new Samples. Resubmittal of Shop Drawings or new Samples necessitated by required corrections shall not be a cause for extension of time. The Contractor shall direct specific attention in writing or on resubmitted Shop Drawings, Product Data, or Samples, to revisions other than the corrections requested on previous submittals.

4.13.8 Shop Drawings, Product Data, Samples, and similar submittals are not Contract Documents.

The Contractor shall perform no portion of the Work requiring submission of a Shop Drawing, Product Data, Sample, or similar submittal until the submittal has been reviewed by the Architect as provided in Subparagraph 3.2.3. All such portions of the Work shall be in accordance with approved submittals.

4.13.9 Shop Drawings and Samples shall be dated and bear the following: Project name; description or names of equipment, materials and items; and complete identification of locations at which

Riddle Community Schoolyard Division 00 - Page 15 materials or equipment are to be installed.

4.13.10 Submission of Shop Drawings, Product Data, or Samples shall be accompanied by transmittal letter containing Project name, Contractor’s name, number of drawings and samples, titles, and other pertinent data.

4.13.11 Each Shop Drawing and Product Data submittal shall bear the Contractor’s stamp or seal stating that the submittal has been reviewed by the Contractor and that it conforms to the requirements of the Contract Documents.

4.14 USE OF SITE

4.14.1 The Contractor shall confine operations at the Site to areas permitted by law, ordinances, permits, and the Contract Documents and shall not unreasonably encumber the Site or access to the Site with any materials or equipment.

4.14.2 The Contractor shall coordinate all of its operations with and secure approval from the Client before using any portion of the Site.

4.14.3 The Contractor shall not occupy the Site nor commence work thereon until deemed by the Project Manager to be in compliance with all bond and insurance requirements.

4.15 CUTTING AND PATCHING OF WORK

4.15.1 The Contractor shall be responsible for all cutting, fitting, or patching that may be required to complete the Work or to make its several parts fit together properly. All areas requiring cutting, fitting, or patching shall be restored to the condition existing prior to the cutting, fitting, or patching unless otherwise required by the Contract Documents.

4.15.2 The Contractor shall not damage or endanger any portion of the Work of the Client or any separate contractors by cutting, patching, or otherwise altering any work, or by excavation. The Contractor shall not cut or otherwise alter the work of the Client or any separate contractor except with the written consent of the Client and of such separate contractor. The Contractor shall not unreasonably withhold its consent to cutting or otherwise altering the Work from the Client or any separate contractor.

4.15.3 Existing structures and facilities, including but not limited to buildings, utilities, topography, streets, curbs, walks, etc., that are damaged or removed due to required excavations or other construction work, shall be patched, repaired, or replaced by the Contractor to the satisfaction of the Project Manager, the Architect, the owner of such structures and facilities and authorities having jurisdiction. In the event the local jurisdictional authorities require that such repairing and patching be done with their own labor and materials, the Contractor shall abide by such regulations and pay for such work.

4.16 CLEANING UP

4.16.1 At all times, the Contractor shall keep the premises and streets or areas used for access thereto free from accumulation of waste materials or rubbish caused by its operations. At the

Riddle Community Schoolyard Division 00 - Page 16 completion of the Work, the Contractor shall remove all its waste materials and rubbish from and about the Site as well as all tools, construction equipment, machinery, and surplus materials.

4.16.2 If the Contractor fails to clean up during or at the completion of the Work, the Client may do so as provided in Paragraph 6.3 and the cost thereof shall be charged to the Contractor.

4.17 COMMUNICATIONS

4.17.1 The Contractor shall forward all communications, whether to the Architect or Client, only through the Project Manager. Similarly, all communications to the Contractor from the Client and Architect will be through the Project Manager.

4.18 INDEMNIFICATION

4.18.1 To the fullest extent permitted by law, the Contractor shall at its sole cost and expense, indemnify, defend, satisfy all judgments and hold harmless the Client, the Architect, the School District and their respective directors, officers, agents, representatives, and employees, from and against all claims, actions, judgments, costs, penalties, liabilities damages, losses and expenses, including but not limited to attorney’s fees arising out of or resulting from the performance of the Work, provided that any such claim, action, judgment, cost, penalty, liability, damage, loss or expense (A) is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itself) including the loss of use resulting therefrom, and (B) is caused in whole or in part by any negligent or other wrongful act or omission of the Contractor, a Subcontractor, anyone directly or indirectly employed by them, or anyone for whose acts they may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge, or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party or person described in Paragraph

4.18. If any provision herein could be read to require a type or degree of indemnification or insurance not permitted by Oregon law, including under ORS 30.140, it is hereby expressly restricted to require only that type or degree of indemnification or insurance which is permitted by Oregon law.

4.18.2 In any and all claims against the Client, the Architect, or the School District or any of their agents, representatives or employees by any employee of the Contractor, any subcontractor, anyone directly or indirectly employed by them or anyone for whose acts they may be liable, the indemnification obligation under Paragraph 4.18 shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under workers’ compensation acts, disability acts, or other employee benefit acts.

4.18.3 No provision of Paragraph 4.18 shall give rise to any duties on the part of the Client, the Architect, the School District or their agents, representatives, or employees.

4.18.4 It is the intent of this Contract to require the Contractor to indemnify the Client, the Architect, the School District and their agents, representatives and employees, to the fullest extent permitted by Oregon Revised Statutes as it now exists or is hereafter amended. It is specifically intended that the Contractor’s indemnity shall cover allegations of concurrent negligence of indemnitor and indemnitee, their agents or employees; and that the duty to so indemnify shall cover all costs of defense of such claims. The Contractor’s indemnity obligations shall not cover allegations or

Riddle Community Schoolyard Division 00 - Page 17 adjudicated determinations that the liability arises from the sole negligence of an indemnitee. The Contractor shall provide insurance covering such indemnity obligations subject to the terms and conditions provided in Article 11 including the naming of Client, the Architect, and the School District as additional insured upon such policy.

4.18.5 The provisions of Paragraph 4.18 shall survive the completion, termination, or expiration of this Contract.

4.19 PERSONS AUTHORIZED TO SIGN DOCUMENTS

4.19.1 The Contractor shall, within five (5) days after Notice to Proceed or execution of the Contract, whichever is earliest, file with the Project Manager a list of all persons who are authorized to sign documents such as contracts, certificates, and affidavits, on behalf of the Contractor and to fully bind the Contractor to all the conditions and provisions of such documents, except that in the case of a corporation it shall file with the Project Manager a certified copy of a resolution of the Board of Directors of the corporation in which are listed the names and titles of the corporation’s personnel who are authorized to sign documents on behalf of the corporation and to fully bind the corporation to all the conditions and provisions of such documents.

4.20 CONDITIONS AFFECTING THE WORK

4.20.1 The Contractor shall be responsible for having taken all steps necessary to ascertain the nature and location of the Work, and the general and local conditions and legal requirements which can affect the Work or the cost thereof. Failure by Contractor to fully acquaint itself with conditions which may affect the Work, including, but not limited to, conditions relating to transportation, handling, storage of materials, availability of labor, utility services, roads, weather, topographic and subsurface conditions, other separate contractors, applicable provisions of law, and the character and availability of equipment and facilities needed prior to and during the prosecution of the Work, shall not relieve Contractor of its responsibilities under the Contract Documents and shall not constitute a basis for an equitable adjustment…