5555b62ae1d143d5af7912ead2d94adb_bid_file_upload_1.pdf

General Bid Specifications and Contract Documents

BID No: 2026-19

HYDRO FACILITY HEADWATER LEVEL PLC CONTROL

MODERNIZATION PHASE 2 – BUILD AND INSTALLATION

CONTRACT

Contact Information: Tina Bartlett-Bearup, Purchasing Manager City of Watertown 245 Washington Street, Suite 206 Watertown, NY 13601 Phone: (315) 785-7749 Email: tbartlettbearup@watertown-ny.gov

The following outlines the planned schedule of major activities related to this bid solicitation. The City of Watertown reserves the right to amend the schedule as necessary.

Important Dates:

Bid Response Deadline Wednesday, November 4th, 2026, 11:00 a.m.

Site Visit Contact the City of Watertown to schedule Anticipated Vendor Selection November 16th, 2026

Eric Wagenaar Thomas S.M. Compo, P.E.

City Manager City Engineer

[THIS PAGE INTENTIONALLY LEFT BLANK]

TABLE OF CONTENTS

SECTION PAGE

NOTICE TO CONTRACTORS

PROJECT DESCRIPTION

ESTIMATE OF QUANTITIES

INFORMATION FOR BIDDERS

SPECIAL INFORMATION FOR BIDDERS

INSURANCE AND BONDING CHECKLIST

STANDARD GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS

GENERAL CONSTRUCTION SPECIFICATIONS

Section 312316 Excavation……………………………………………………………………………………..…… 97

Section 312323 Fill…………………….…………………………………………………………………………… Section 030100 Maintenance of Concrete……………………………………………………….…………. 102

Section 320300 Site Rehabilitation……………………………………………………..………………….…… 105

AGREEMENT

SAMPLE PAYMENT APPLICATION

BID PROPOSAL FORM

PROPOSAL CERTIFICATIONS

IRAN DIVESTMENT ACT

SEXUAL HARASSMENT PREVENTION

REQUIRED DOCUMENTATION FOR NY STATE DOL

NYS REGULATIONS & WAGE RATES ..............................................................................APPENDIX A

CONTRACT DRAWING (SEPARATE ATTACHMENT) ..........................................................APPENDIX B

PROJECT SPECIFICATIONS ………………………………………..…………………………………………………..APPENDIX C

NOTICE TO CONTRACTORS

NOTICE TO CONTRACTORS

SEALED BIDS FOR THE HYDRO FACILITY PLC CONTROL MODERNIZATION in Watertown, New York, will be received at Watertown City Hall, 245 Washington Street, Office of the Purchasing Manager, Room 206, Watertown, New York, 13601, until 11:00AM on Wednesday, November 4th, 2026, at which time and place they will be publicly opened and read aloud.

The project has multiple locations for various jobs, including at the powerhouse itself on 1050 Marble Street, The Headwater Controller location off Ridge Rd, the Ubiquiti radio communication system added to existing CB Pumping Station (also referred to as the Network Tie-in point), and the Bypass Sensor location; see map in project description below. The Hydroelectric power plant shall have its PLC system replaced. The facility has specified Mitsubishi hardware, or equivalent, to replace the outdated Schneider Electric Modicon system. The Balance of Plant controller as well as each unit controller and their associated HPU controllers shall all be replaced and upgraded. The remote Headwater controls enclosure shall also be replaced. The contract documents provide a specification from which a new controls enclosure shall be designed and built. The Bypass sensor, located under the Rte. 3 bridge, shall be replaced and upgraded: opting for radar technology instead of ultra-sonic. The new sensor will require a new mounting support and new 24VDC loop powered signal wiring. The successful contractor will be required to provide all labor, materials, machinery, tools, equipment, traffic controls, environmental permits, line of sight surveys, and other means of construction necessary and incidental to the completion of the work shown on the plans and described in the specifications. You may contact Engineering to coordinate a site visit at 315-785-7740 or jhammond@watertown-ny.gov

The successful company must review the INSURANCE AND BONDING CHECKLIST sheet and provide all insurances and bonds that will cover any type of work being done on this project. All insurance forms, like that for liability (ACORD 25) or Workmen’s Comp (U-26.3 or C-105.2), must have a principal office in New York State or be authorized to do business in New York State. The City of Watertown must be listed under certificate holder on the forms. All insurance must be active for the duration of the job, and all insurance forms must reflect that fact.

For use in all documents the City of Watertown, New York, is (the “Owner”) and THE CHOSEN QUALIFIED COMPANY, is (the “Contractor”) and Tom Compo or Jeff Hammond is (the “City Engineer” or “Engineer”)

Plans and Specifications may be viewed at the office of the Purchasing Manager and are also available for review at:

Dodge Reports

Available for subscribers online at http://construction.com/dodge/

Northern New York Builders Exchange Syracuse Builders Exchange

22074 Fabco Road 6563 Ridings Road

Watertown, New York 13601 Syracuse, New York 13206

The City Council reserves the right to waive any informality in or to reject any or all bids. Each bidder must deposit with his bid, security in the amount of not less than five per centum (5%) of the bid in the form and subject to the conditions provided for in the Information for Bidders.

The successful bidder will be required to furnish both a performance and payment bond in the amount of not less than 100% of the total amount of the accepted bid and in such form and having as surely thereon such surety company or companies as are approved by the City Council. Insurance carrier must have principal office in New York State or be authorized to do business in New York State.

Attention of bidders is particularly called to the requirements as to conditions of employment to be observed and minimum wage rates to be paid under this contract.

CITY OF WATERTOWN, NEW YORK

TINA BARTLETT-BEARUP

PURCHASING MANAGER

PROJECT DESCRIPTION

HYDRO FACILITY HEADWATER LEVEL PLC CONTROL SYSTEM

MODERNIZATION PHASE 2 – BUILD AND INSTALLATION CONTRACT

The successful bidder will be required to supply all labor, materials and equipment to perform the Hydro Facility PLC Control System Upgrade, the Headwater Control Panel design and install, the radio communications between Headwater Control Panel and City Network Tie-In point, and the Bypass sensor wiring and mounting; see site map below. The written description below is a quick summary of the full scope conveyed on the contract drawings, specifications, bidding documents, and also as directed by the City Engineer.:

1. Removal of existing PLC controller at the Balance of Plant enclosure, PLC controller at the Unit 1 enclosure, PLC controller at the Unit 2 enclosure, and PLC controller at the Unit 3 enclosure.

Dispose of by approved means.

2. Removal of existing HPU controllers. There are three (3) controllers, one for each unit. Dispose of by approved means.

3. Removal of existing headwater control panel. Dispose of by approved means.

4. Removal of existing bypass sensor and associated signal wiring. Dispose of by approved means.

5. Procurement and installation of new PLC controllers in the existing control enclosures for the Balance of Plant, Unit 1, Unit 2, and Unit 3 controls.

6. Procurement and installation of new HPU controllers in the existing HPU enclosures.

7. Contractor to write and provide source code programming meeting the following requirements:

Definitions:

A Programmable Logic Controller (PLC) is a control device that may have custom software loaded on to it to provide specific functionality.

“Program” shall be defined as all logic written for and loaded on PLCs to facilitate operation of the Facility.

A “Black Box” are those devices whose embedded logic is not viewable and/or modifiable by the end user.

Requirements:

The Contractor will provide the Program(s) necessary to operate the facility at or above the current capabilities of the Facility, including all control and monitoring functions.

Any capabilities required to bring the Facility up to modern standards are also required.

The Contractor shall provide all source code, project files, and tooling required for the City to view, load, edit, and maintain the Program(s) without vendor support.

The Contractor shall not use a Black Box approach with its delivered Program(s).

8. The contractor will need to provide any and all integration testing, debugging, and additional programming of the new PLCs in order to operate the powerplant properly.

9. Installation of new network switch cabinet to support networked I/O connections between Hydro plant PLCs, HMIs, and generator protection relays. Additionally, a connection is to be provided to the City of Watertown’s network for SCADA integration and monitoring. The HMIs should be touchscreen-capable and of appropriate size and compatible with the installed PLC.

10. Design, procure, build, and install new Headwater control panel per the Headwater control panel specification. The site has main power (120VAC) from the grid.

11. A. Provide IP radio communications between the new headwater controller and the BOP PLC in the Hydro plant. Equipment shall be required to be installed at headwater control panel and existing Network Tie-In point (CB Pumping Station) to form a wireless link. Full connection is to be made via a combination of existing city-owned network infrastructure and the new wireless network link. The wireless link shall be capable of a minimum of 100Mbps in each direction and must use encryption. Ubiquiti equipment is preferred as the city uses these models elsewhere.

B. The Headwater controller panel is an entirely new panel. It replaces an old panel that is no longer fit for service

12. Procurement and installation of new bypass sensor and signal wiring per bypass sensor specification.

13. The intent here is to enable the City to maintain the systems, including fixes and upgrades, on its own without vendor assistance once the development and support period has ended.

14. Use of wireless devices should be limited to long-haul links where wired connections are not possible. Wireless shall not be used within the facility without explicit justification and approval by the City.

15. Remote access, defined as access by any personnel or system not directly connected to the City network, shall not be permitted. The Contractor may use offsite personnel for temporary support to Contractor-owned computers during deployment. For the purposes of this project, no such access will be permitted after deployment for any reason, including but not limited to monitoring, diagnostics, or troubleshooting.

16. All lump sum pricing should include all miscellaneous parts needed for installation.

ESTIMATE OF QUANTITIES

ESTIMATE OF QUANTITIES

ITEM NAME QUANTITY

ITEM 1 – BOP PLC AND HMI 1 LS

ITEM 2 – UNIT 1 PLC AND HMI AND ASSOCIATED HPU PLC 1 LS

ITEM 3 – UNIT 2 PLC AND HMI AND ASSOCIATED HPU PLC 1 LS

ITEM 4 – UNIT 3 PLC AND HMI AND ASSOCIATED HPU PLC 1 LS

ITEM 5 – HEADWATER CONTROL PANEL & UBIQUITI SYSTEM 1 LS

ITEM 6 – BYPASS SENSOR 1 LS

INFORMATION FOR BIDDERS

RECEIPT OF BIDS

The owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informality or reject any and all bids. Any bid may be withdrawn prior to the time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified will not be considered. No bidder may withdraw a bid within 45 days after the actual date of the bid opening.

PREPARATION OF BIDS

Each bid must be submitted on the prescribed form.

The following restrictions refer to the bid proposal section of these documents:

1. Attached to the page provided a certified check or bid bond as bid bond security.

2. Fill out completely each item of the bid proposal by inserting the prices both in figures and in words.

(a) Lump Sum Bid – Lump Sum Bids will be compared on the basis of the total bid for all items of work. No bid will be accepted which does not contain a price for each item.

3. The Non-Collusive Bidding Certification is included in the bid proposal. Sign the bid proposal, including address and placement of corporate seal if a corporation.

4. The Sexual Harassment Prevention Form, Iran Divestment Act Form and Insurance & Bonding Checklist shall be included in the bid proposal.

5. The lowest bidder shall provide contractor’s qualifications forms within 24 hours of the bid opening.

6. NEW***

Public Work Contractor and Subcontractor Registry Requirements: Starting December 30, 2024, all contractors and subcontractors submitting bids or performing construction work on public work projects or private projects covered by Article 8 of the Labor Law are required to register with the New York State Department of Labor (NYSDOL) under Labor Law Section 220-i.

https://dol.ny.gov/contractor-and-subcontractor-landing

The law defines a “contractor” as any entity entering into a contract to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication. The law defines “subcontractor” as any entity subcontracting with a contractor to perform construction, demolition, reconstruction, excavation, rehabilitation, repair, installation, renovation, alteration, or custom fabrication, which is subject to Article 8 of the Labor Law. Contractors are responsible for verifying that any subcontractors they work with are registered.

SUBMISSION OF BID

Each bid must be submitted in a sealed envelope bearing on the outside the name of the bidder, his or her address and the name of the project for which the bid is being submitted. The name of the project shall conform to that as shown in the “Notice to Contractors.” If forwarded by mail, the sealed envelope containing the bid must be enclosed in another envelope addressed to the Office of the City Purchasing Agent, Room 206, Watertown Municipal Building, 245 Washington Street, Watertown, New York 13601.

QUALIFICATIONS OF BIDDER

Before the award of the contract, any bidder will be required to show that he has the necessary facilities, experience, ability and financial resources to perform the work in a satisfactory manner and within the time stipulated.

The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and data for this purpose as the Owner may request.

The Owner reserves the right to select the bid or proposal, the acceptance of which will in its judgment best secure the efficient performance of the work, or to reject any or all bids received.

CONDITIONAL BIDS WILL NOT BE ACCEPTED.

BID SECURITY

Each bid must be accompanied by cash, certified check of the bidder, or bid bonds in the amount of not less than five percent (5%) of the amount of the base bid, made payable to the City of Watertown. BID

BONDS ARE TO STATE: 5% OF THE AMOUNT OF THE BASE BID AND THE ACTUAL 5%

DOLLAR FIGURE.

Such bid security will be returned to all except the three lowest formal bidders within ten days after the opening of bids and the remaining deposits will be returned within 48 hours after the owner and the accepted bidder have executed the contract or, if no contract has been executed within 45 days after the date of opening of bids, upon demand of the bidder so long as he has not been notified of the acceptance of his or her bid. If a bidder agrees to hold their bid open for a period greater than 45 days, at the request of the City, the bid security shall be held over as well.

FORFEITURE OF BID SECURITY

The successful bidder, upon his or her failure or refusal to execute and deliver the contract and performance bond required within ten (10) days after he has been notified of the award of the contract to him, shall forfeit the security deposited with his or her bid to the City through its duly constituted City Council as liquidated damages for such failure or refusal.

AGENDA AND INTERPRETATIONS

If any person contemplating submitting a bid for the proposed contract is in doubt as to the true meaning of any part of the plans, specifications, or other proposed contract documents, he/she may submit to the City through the City Purchasing Department a written request for information (See attached RFI Form).

The person submitting the request will be responsible for its prompt delivery. Any interpretation of the proposed documents will be made only by addenda duly issued and a copy of such addendum will be sent by email, preferably, or first-class mail. The last day for such interpretations to be made and addenda duly issued, shall be 12:00 P.M. ET on the fifth full business day prior to the bid opening date. (e.g. if the Bid Opening is on a Wednesday, the last day for interpretation to be made is at 12:00 P.M. on the prior Wednesday). The City Council of the City of Watertown will not be responsible for any other explanation or interpretation of the proposed documents.

CONDITIONS OF WORK

Each bidder must inform themselves fully of the conditions relating to construction and labor under which the work is now or will be performed. Failure to do so will not relieve the successful bidder of his or her obligation to furnish all material and labor necessary to carry out the provisions of this contract.

It is the Bidders responsibility to be aware of the existing conditions of the Project.

Insofar as possible, the Contractor, in carrying out the work, must employ such methods or means as will not cause any interruption of or interference with the work of any other contractor.

OBLIGATION OF BIDDER

At the time of the opening of bids, each bidder will be presumed to have inspected the site and have read and be thoroughly familiar with the plans and Contract Documents (including all addenda). The failure or omission of any bidder to receive or examine any form, instrument, or document shall in no wise relieve any bidder from any obligation in respect to his or her bid.

SECURITY FOR FAITHFUL PERFORMANCE

Simultaneously with his delivery of the executed contract, the successful bidder shall deliver to the City Council of Watertown, New York, an executed performance bond in form acceptable on bonds given to the United States Government and approved by the City Attorney. Such surety companies must have their principal office in New York State or be authorized to do business in New York State.

The surety bond shall be executed on the bond form sheets which are bound into the specifications and contract documents.

POWER OF ATTORNEY

Attorneys-in-fact who sign bid bonds or contract bonds must file with each bond a certified and effectively dated copy of their Power of Attorney.

SCHEDULE OF QUANTITIES

The preliminary estimate of quantities included herein shall be accepted as approximate only and is given for the comparison of bids. There is no guarantee that the actual quantities placed in the work will correspond to the estimated quantities given herein. The Owner reserves the right to eliminate or increase or decrease any item or items of work.

SUBSURFACE STRUCTURES

The location, size and depth of water mains, gas mains, sewer lines, telephone cables, power cables and other subsurface structures as may be shown on the construction drawings are not to be taken as exact locations unless specifically noted as such on the plan. These locations are shown for reference only for comparative bidding purposes and the Contractor shall place his or her own interpretation upon the same. There is no expressed or implied agreement that the location, size, or depth has been correctly indicated or that variance might not be encountered. The Contractor shall make detailed examination at the time of construction according to instructions hereinafter specified.

DAMAGES

The said Contractor is hereby expressly bound to indemnify and save harmless the City of Watertown from all damages, costs, judgments, loss and from all suits or actions, or the defense thereof, of every name and description brought against said City of Watertown or any individual official thereof for, or on account of, any injuries or damages received or sustained, or alleged to have been received or sustained, by any party or parties by or from the said Contractor or his or her servants or agents in the construction of said work, or by or in consequence of any negligence or alleged negligence in guarding the same, or any improper materials used in its construction or by or on account of any such act or omission of the said Contractor or his or her agents for any infringement of patents by the use of patented articles in the construction and completion of the work agreed upon to be performed under this contract, or of any materials used upon said work, and the Contractor is hereby expressly bound to appear and defend all such suits and actions and to save the City of Watertown harmless from any loss on account of such suits or actions or the defense thereof.

SPECIAL INFORMATION FOR BIDDERS

All contractors contemplating bidding on this contract shall take special notes that:

1. In the General Conditions, Special Provisions and NYS wage rate requirements, all references to federal labor laws and regulations, and New York State labor laws and regulations shall remain valid and shall be followed. See Appendix A for labor rate sheets PRC# 2026024739.

2. Work under this contract shall be commenced and carried out at such points and in such order of precedence and at such times as the City Engineer may approve.

3. Traffic control procedures for this project must conform to the manual of Uniform Traffic Control Devices (M.U.T.C.D.) AND New York State D.O.T. regulations. Traffic control procedures are required for the bypass sensor removal and installation. The traffic control plan must be approved by the City of Watertown prior to any work being performed on the bypass sensor.

4. Field inspections by prospective bidders are encouraged.

5. The selection criteria will be the lowest dollar amount bid for the contract proposal submitted by the qualified contractor and approved by the City Council of the City of Watertown, N.Y.

6. The successful bidder will be required to coordinate construction with the City of Watertown Engineering Department.

7. The successful bidder will be required to design the Headwater control enclosure according to the specific project specification found in Appendix C. The design, including but not limited to panel layout, BOM, and wiring diagrams shall be submitted to the EOR for approval prior to any purchasing.

8. The successful bidder will be required to provide the exact Bypass sensor listed in the contract drawings and specifications. The successful bidder shall be responsible for integrating the bypass sensor into the Balance of Plant logic and for testing and adjusting the sensor to ensure proper and accurate data transmission.

9. It is not expected that there will be any hazardous materials exposure due to the demolition and installation of the powerplant PLCs and remote sensor wiring. Should hazardous material exposure occur at any point in the job, the work must be stopped and the City Engineer notified.

10. Title VI Compliance Statement

The City of Watertown, in accordance with Title VI of the Civil Rights Act of 1964, 78 Stat. 252, 42 U.S.0 2000d to 2000d4 and (Reference to Administering Administration Regulation(s)) issued pursuant to such Act, hereby notifies all contractors that it will affirmatively insure that in any contract entered into pursuant to this advertisement, minority business enterprises will be afforded full opportunity to submit quotes in response to this invitation and will not be discriminated against on the grounds of race, color, or national origin, gender, age or disability in consideration for an award.

Pursuant to Title VI requirements, any entity or person that enters into a contract with the City of Watertown including, but not limited to prime contractors, sub-contractors, and sub-recipients, may not discriminate on the basis of race, color, national origin, age, sex, disability, or religion in their selection and retention of subcontractors (including consultants), in connection with any federally funded program or activity (including any program or activity undertaken/ funded by a City of Watertown Department that receives federal funds.)

SPECIAL INFORMATION FOR BIDDERS

CITY OF WATERTOWN, NEW YORK

HYDRO FACILITY HEADWATER LEVEL PLC CONTROL

MODERNIZATION PHASE 2 – BUILD AND INSTALLATION CONTRACT

REQUEST FOR INFORMATION

Send RFI to Tina Bartlett-Bearup, Purchasing Manager, by email, or mail.

Phone: (315) 785-7749 Email: tbartlettbearup@watertown-ny.gov

Contact Name: RFI #:

Contractor: Date:

Address: Phone:

Fax:

Email:

Specification No.: Page No.:

Plan Sheet No.: Detail:

REQUEST:

Proposed Solution (if applicable):

By: Signature:

RESPONSE:

By: Signature:

After reviewing the response, does the contractor anticipate:

That a change order will be required? .......................................... □ Yes □ No

That there will be an increase in the cost of the project? ......□ Yes □ No

INSURANCE AND BONDING CHECKLIST

CITY OF WATERTOWN, NEW YORK

CITY HALL

245 WASHINGTON STREET

WATERTOWN, NEW YORK 13601-3380

INSURANCE AND BONDING CHECKLIST

Bid #: ____________ Bid Title: _____________________

Bonding Contract Amount: $________________ Contractor: ____________________

Company Name NAIC# Certified Copy of Authority Attached?

Performance Bond ____________________ _______________ Yes / No

Payment Bond ____________________ _______________ Yes / No

Contractor’s Liability Insurance NAIC#

Commercial General Liability (CGL) ____________ Limits of Liability:

$1,000,000 Each Occurrence ____________ $2,000,000 General Aggregate Limit ____________ $2,000,000 Products / Completed Operations ____________ $1,000,000 Advertising / Personal Injury ____________ (Owner, Engineer, POS of NY, etc.. Must be listed as additional insured) ____________ (Waiver of subrogation) ____________

Owner’s and Contractor’s Protective Liability (OCP) ____________ $1,000,000 Each Occurrence ____________ $2,000,000 General Aggregate Limit ____________

Automobile Liability Insurance ____________ $1,000,000 Combined Single Limit

(all owned, leased, hired and non-owned) ____________ (Owner, Engineer, POS of NY, etc.. Must be listed as additional insured) ____________

Workers’ Compensation and Employer’s Liability Insurance: ____________ Workers’ Compensation as required by NYS Statute ____________

$500,000 Employer’s Liability Each Accident for Bodily Injury ____________ $500,000 Employer’s Liability Injury for Disease ____________ (Waiver of subrogation) ____________

Commercial Umbrella Liability Insurance ____________ $5,000,000 Commercial Umbrella Liability Insurance ____________ (Waiver of subrogation)

Builder’s Risk Insurance Full Contract Price ____________

Pollution Liability Coverage ____________ $1,000,000 Each Occurrence ____________ $2,000,000 Annual Aggregate ____________ $25,000 Maximum deductible ____________ (Owner and Engineer must be listed as additional insured) ____________

EJCDC® C-700 (Rev. 1), Standard General Conditions of the Construction Contract.

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xxii

STANDARD GENERAL CONDITIONS

STANDARD GENERAL CONDITIONS

STANDARD GENERAL CONDITIONS OF THE

CONSTRUCTION CONTRACT

TABLE OF CONTENTS

SECTION 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 Before StarƟng ConstrucƟon

2.04 PreconstrucƟon Conference; DesignaƟon of Authorized RepresentaƟves

2.05 IniƟal Acceptance of Schedules

2.06 Electronic TransmiƩals

ARTICLE 3 – Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 ReporƟng and Resolving Discrepancies

3.04 Requirements of the Contract Documents

3.05 Reuse of Documents

ARTICLE 4 – Commencement and Progress of the Work

4.01 Commencement of Contract Times; NoƟce to Proceed

4.02 StarƟng the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

ARTICLE 5 – Availability of Lands; Subsurface and Physical Conditions; Hazardous Environmental Conditions

5.01 Availability of Lands

5.02 Use of Site and Other Areas

5.03 Subsurface and Physical CondiƟons

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xxiii

STANDARD GENERAL CONDITIONS

5.04 Differing Subsurface or Physical CondiƟons

5.05 Underground FaciliƟes

5.06 Hazardous Environmental CondiƟons at Site

ARTICLE 6 – Bonds and Insurance

6.01 Performance, Payment, and Other Bonds

6.02 Insurance—General Provisions

6.03 Contractor’s Insurance

6.04 Owner’s Liability Insurance

6.05 Property Insurance

6.06 Waiver of Rights

6.07 Receipt and ApplicaƟon of Property Insurance Proceeds

ARTICLE 7 – Contractor’s Responsibilities

7.01 Supervision and Superintendence

7.02 Labor; Working Hours

7.03 Services, Materials, and Equipment

7.04 “Or Equals”

7.05 SubsƟtutes

7.06 Concerning Subcontractors, Suppliers, and Others

7.07 Patent Fees and RoyalƟes

7.08 Permits

7.09 Taxes

7.10 Laws and RegulaƟons

7.11 Record Documents

7.12 Safety and ProtecƟon

7.13 Safety RepresentaƟve

7.14 Hazard CommunicaƟon Programs

7.15 Emergencies

7.16 Shop Drawings, Samples, and Other SubmiƩals

7.17 Contractor’s General Warranty and Guarantee

7.18 IndemnificaƟon

7.19 DelegaƟon of Professional Design Services

ARTICLE 8 – Other Work at the Site

8.01 Other Work

8.02 CoordinaƟon

8.03 Legal RelaƟonships

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xxiv

STANDARD GENERAL CONDITIONS

ARTICLE 9 – Owner’s Responsibilities

9.01 CommunicaƟons to Contractor

9.02 Replacement of Engineer

9.03 Furnish Data

9.04 Pay When Due

9.05 Lands and Easements; Reports, Tests, and Drawings

9.06 Insurance

9.07 Change Orders

9.08 InspecƟons, Tests, and Approvals

9.09 LimitaƟons on Owner’s ResponsibiliƟes

9.10 Undisclosed Hazardous Environmental CondiƟon

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

ARTICLE 10 – Engineer’s Status During Construction

10.01 Owner’s RepresentaƟve

10.02 Visits to Site

10.03 Project RepresentaƟve

10.04 RejecƟng DefecƟve Work

10.05 Shop Drawings, Change Orders and Payments

10.06 DeterminaƟons for Unit Price Work

10.07 Decisions on Requirements of Contract Documents and Acceptability of Work 63

10.08 LimitaƟons on Engineer’s Authority and ResponsibiliƟes

10.09 Compliance with Safety Program

ARTICLE 11 – Amending the Contract Documents; Changes in the Work

11.01 Amending and SupplemenƟng Contract Documents

11.02 Owner-Authorized Changes in the Work

11.03 Unauthorized Changes in the Work

11.04 Change of Contract Price

11.05 Change of Contract Times

11.06 Change Proposals

11.07 ExecuƟon of Change Orders

11.08 NoƟficaƟon to Surety

ARTICLE 12 – Claims

12.01 Claims

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xxv

STANDARD GENERAL CONDITIONS

ARTICLE 13 – Cost of the Work; Allowances; Unit Price Work

13.01 Cost of the Work

13.02 Allowances

13.03 Unit Price Work

ARTICLE 14 – Tests and Inspections; Correction, Removal or Acceptance of Defective Work

14.01 Access to Work

14.02 Tests, InspecƟons, and Approvals

14.03 DefecƟve Work

14.04 Acceptance of DefecƟve Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct DefecƟve Work

ARTICLE 15 – Payments to Contractor; Set-Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 SubstanƟal CompleƟon

15.04 ParƟal Use or Occupancy

15.05 Final InspecƟon

15.06 Final Payment

15.07 Waiver of Claims

15.08 CorrecƟon Period

ARTICLE 16 – Suspension of Work and Termination

16.01 Owner May Suspend Work

16.02 Owner May Terminate for Cause

16.03 Owner May Terminate For Convenience

16.04 Contractor May Stop Work or Terminate

ARTICLE 17 – Final Resolution of Disputes

17.01 Methods and Procedures

ARTICLE 18 – Miscellaneous………………………………………………………………………………………………..83

18.01 Giving NoƟce

18.02 ComputaƟon of Times

18.03 CumulaƟve Remedies

18.04 LimitaƟon of Damages

Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page xxvi

STANDARD GENERAL CONDITIONS

18.05 No Waiver

18.06 Survival of ObligaƟons

18.07 Controlling Law

18.08 Headings

STANDARD GENERAL CONDITIONS

ARTICLE 1 – DEFINITIONS AND TERMINOLOGY

1.01 Defined Terms

A. Wherever used in the Bidding Requirements or Contract Documents, a term printed with initial capital letters, including the term’s singular and plural forms, will have the meaning indicated in the definitions below. 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, executed by Owner and Contractor, that sets forth the Contract Price and Contract Times, identifies the parties and the Engineer, and designates the specific items that are Contract Documents.

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

5. Bidder—An individual or entity that submits a Bid to Owner.

6. Bidding Documents—The Bidding Requirements, the proposed Contract Documents, and all Addenda.

7. Bidding Requirements—The advertisement or invitation to bid, Instructions to Bidders, Bid Bond or other Bid security, if any, the Bid Form, and the Bid with any attachments.

8. Change Order—A document 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, or other revision to the Contract, issued on or after the Effective Date of the Contract.

9. Change Proposal—A written request by Contractor, duly submitted in compliance with the procedural requirements set forth herein, seeking an adjustment in Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents; challenging a set-off against payments due; or seeking other relief with respect to the terms of the Contract.

10. Claim—(a) A demand or assertion by Owner directly to Contractor, duly submitted in compliance with the procedural requirements set forth herein: seeking an adjustment of Contract Price or Contract Times, or both; contesting an initial decision by Engineer concerning the requirements of the Contract Documents or the acceptability of Work under the Contract Documents;

contesting Engineer’s decision regarding a Change Proposal; seeking resolution of a contractual issue that Engineer has declined to address; or seeking other relief with respect to the terms of the Contract; or (b) a demand or assertion by Contractor directly to Owner, duly submitted in compliance with the procedural requirements set forth herein, contesting Engineer’s decision regarding a Change Proposal; or seeking resolution of a contractual issue that Engineer has declined to address. A demand for money or services by a third party is not a Claim.

11. Constituent of Concern—Asbestos, petroleum, radioactive materials, polychlorinated biphenyls (PCBs), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to (a) the Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§9601 et seq. (“CERCLA”); (b) the Hazardous Materials Transportation Act, 49 U.S.C. §§5101 et seq.; (c) the Resource Conservation and Recovery Act, 42 U.S.C. §§6901 et seq. (“RCRA”); (d) the Toxic Substances Control Act, 15 U.S.C. §§2601 et seq.; (e) the Clean Water Act, 33 U.S.C. §§1251 et seq.; (f) the Clean Air Act, 42 U.S.C. §§7401 et seq.; or (g) any other federal, state, or local statute, law, rule, regulation, ordinance, resolution, code, order, or decree regulating, relating to, or imposing liability or standards of conduct concerning, any hazardous, toxic, or dangerous waste, substance, or material.

12. Contract—The entire and integrated written contract between the Owner and Contractor concerning the Work.

13. Contract Documents—Those items so designated in the Agreement, and which together comprise the Contract.

14. Contract Price—The money that Owner has agreed to pay Contractor for completion of the Work in accordance with the Contract Documents. .

15. Contract Times—The number of days or the dates by which Contractor shall: (a) achieve Milestones, if any; (b) achieve Substantial Completion; and (c) complete the Work.

16. Contractor—The individual or entity with which Owner has contracted for performance of the Work.

17. Cost of the Work—See Paragraph 13.01 for definition.

18. Drawings—The part of the Contract that graphically shows the scope, extent, and character of the Work to be performed by Contractor.

19. Effective Date of the Contract—The date, indicated in the Agreement, on which the Contract becomes effective.

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

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

22. Hazardous Environmental Condition—The presence at the Site of Constituents of Concern in such quantities or circumstances that may present a danger to persons or property exposed thereto. The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated in the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, does not establish a Hazardous Environmental Condition.

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

24. Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.

25. Milestone—A principal event in the performance of the Work that the Contract requires Contractor to achieve by an intermediate completion date or by a time prior to Substantial Completion of all the Work.

26. Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.

27. Notice to Proceed—A written notice 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.

28. Owner—The individual or entity with which Contractor has contracted regarding the Work, and which has agreed to pay Contractor for the performance of the Work, pursuant to the terms of the Contract.

29. 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.

30. Project—The total undertaking to be accomplished for Owner by engineers, contractors, and others, including planning, study, design, construction, testing, commissioning, and start-up, and of which the Work to be performed under the Contract Documents is a part.

31. Project Manual—The written documents prepared for, or made available for, procuring and constructing the Work, including but not limited to the Bidding Documents or other construction procurement documents, geotechnical and existing conditions information, the Agreement, bond forms, General Conditions, Supplementary Conditions, and Specifications. The contents of the Project Manual may be bound in one or more volumes.

32. Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative or “RPR” includes any assistants or field staff of Resident Project Representative.

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

34. Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals and the performance of related construction activities.

35. 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.

36. Shop Drawings—All drawings, diagrams, illustrations, schedules, and other data or information that are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. Shop Drawings, whether approved or not, are not Drawings and are not Contract Documents.

37. 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, and such other lands furnished by Owner which are designated for the use of Contractor.

38. Specifications—The part of the Contract that consists of written requirements for materials, equipment, systems, standards, and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable to the Work.

39. 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.

40. 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.

41. Successful Bidder—The Bidder whose Bid the Owner accepts, and to which the Owner makes an award of contract, subject to stated conditions.

42. Supplementary Conditions—The part of the Contract that amends or supplements these General Conditions.

43. 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 a Subcontractor.

44. Technical Data—Those items expressly identified as Technical Data in the Supplementary Conditions, with respect to either (a) subsurface conditions at the Site, or physical conditions relating to existing surface or subsurface structures at the Site (except Underground Facilities) or (b) Hazardous Environmental Conditions at the Site. If no such express identifications of Technical Data have been made with respect to conditions at the Site, then the data contained in boring logs, recorded measurements of subsurface water levels, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical or environmental report prepared for the Project and made available to Contractor are hereby defined as Technical Data with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06.

45. 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 but not limited to those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, fiber optic transmissions, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems.

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

47. 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;

furnishing, installing, and incorporating all materials and equipment into such construction; and may include related services such as testing, start-up, and commissioning, all as required by the Contract Documents.

48. Work Change Directive—A written directive to Contractor issued on or after the Effective Date of the Contract, signed by Owner and recommended by Engineer, ordering an addition, deletion, or revision in the Work.

1.02 Terminology

A. The words and terms discussed in the following paragraphs 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 Article 10 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 15.03 or 15.04).

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. If the Contract Documents establish an obligation of Contractor with respect to specific services, materials, or equipment, but do not expressly use any of the four words “furnish,” “install,” “perform,” or “provide,” then Contractor shall furnish and install said services, materials, or equipment complete and ready for intended use.

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. Bonds: 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 Contractor’s Insurance: When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or elsewhere in the Contract), the certificates and other evidence of insurance required to be provided by Contractor in accordance with Article 6.

C. Evidence of Owner’s Insurance: After receipt of the executed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each named insured and additional insured (as identified in the Supplementary Conditions or otherwise), the certificates and other evidence of insurance required to be provided by Owner under Article 6.

2.02 Copies of Documents

A. Owner shall furnish to Contractor four printed copies of the Contract (including one fully executed counterpart of the Agreement), and one copy in electronic portable document format (PDF).

Additional printed copies will be furnished upon request at the cost of reproduction.

B. Owner shall maintain and safeguard at least one original printed record version of the Contract,…