Attachment_E_LS-1_Agreement_with_General_Conditions_-_FINAL.DOCX

DOCX document 732 KB Posted Nov 17, 2023

Attached to: Lift Station# 1 Improvements (Grant Funded)
Solicitation number: Solicitation-2024-017
Issued by: Alachua County, Graceville City, Florida

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Written by GovTribe AI · Jun 27, 2025

This document is an Agreement between the City of Gainesville, Florida, doing business as Gainesville Regional Utilities (GRU), and a contractor for the Lift Station No. 1 Improvements Project. The project involves upgrading the existing lift station located at 3311 SW 2nd Avenue, Gainesville, which currently has two interconnected wet wells and four submersible pumps. The proposed improvements include replacing the existing pumps with three 140 HP pumps and a 45 HP jockey pump, constructing a new electrical building, installing new electrical equipment, updating the control system, and performing necessary piping and civil work. The critical aspect of the project is maintaining the current pumping capacity throughout construction without service interruptions.

The contract is partially funded by the Resilient Florida Program through the State of Florida Department of Environmental Protection, which requires wage certification under the Davis-Bacon Act and domestic procurement preferences. The contract uses the EJCDC C520 standard construction contract format, with a lump sum pricing structure. Liquidated damages are set at $1,500 per day for delays in substantial completion and $500 per day for delays in final completion. The contractor will be required to provide performance and payment bonds, maintain specific insurance coverages, and comply with various technical and administrative requirements. The project emphasizes the importance of maintaining continuous wastewater conveyance to the Kanapaha Water Reclamation Facility during all phases of construction.

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Other files

File	Type	Posted
Lift_Station#_1_Improvements_(Grant_Funded)_(Addendum_#5_Revision).pdf	PDF	Dec 22, 2023
Attachment_G_LS-1_Survey.pdf	PDF	Nov 17, 2023
Attachment_F_LS-1_Geotechnical_Report.pdf	PDF	Nov 17, 2023
Attachment_D_LS_1_Improvements_IFB_Drawings_4.14.2023.pdf	PDF	Nov 8, 2023
Attachment_C_LS-1_Specifications.pdf	PDF	Nov 8, 2023
Attachment_B_22FRP80_-_Wastewater_Lift_Station-Force_Main_Resiliency_SSO_Reduction_-_Executed.pdf	PDF	Nov 8, 2023

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ATTACHMENT E

Agreement with General Conditions

Endorsed By

EJCDC® C520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

AGREEMENT BETWEEN OWNER AND CONTRACTOR

FOR CONSTRUCTION CONTRACT (STIPULATED PRICE)

This Agreement is by and between The City of Gainesville Florida, d/b/a Gainesville Regional Utilities (“Owner”) and ______________________ (“Contractor”).

Terms used in this Agreement have the meanings stated in the General Conditions attached hereto as Exhibit A.

Owner and Contractor hereby agree as follows:

WORK

1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents including, without limitation, the Drawings and Specifications listed in Exhibit B.

THE PROJECT

2.01 The Project, of which the Work under the Contract Documents is a part, is generally described as follows: Gainesville Regional Utilities (GRU) owns and operates Lift Station No. 1 (LS No. 1), which collects raw wastewater and conveys it to the Kanapaha Water Reclamation Facility (KWRF). Lift Station No. 1 is located at 3311 SW 2nd Avenue, Gainesville, FL 32601. The current station consists of two interconnected wet wells and a total of four submersible pumps (three 75-horsepower pumps and one 35 HP jockey pump).

In order to accommodate current peak and future flows, LS No. 1 will be upgraded to three 140 HP pumps and a 45 HP jockey pump. In conjunction with the larger pumps, a new electrical building, electrical equipment, control system, piping, and civil work will also be included in this project. As the largest lift station in Gainesville, the sequencing of construction will be critical to the success of the project. The lift station will need to maintain its current pumping capacity during all phases of construction with no interruptions to service.

ENGINEER

3.01	The Owner has retained CDM Smith Inc. (“Engineer”) to act as Owner’s representative, assuming all duties and responsibilities of Engineer, and having the rights and authority assigned to Engineer in the Contract.
3.02	The part of the Project that pertains to the Work has been designed by Engineer.

CONTRACT TIMES

4.01	Time is of the Essence
A.	All time limits for Substantial Completion and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract.
4.02	Contract Times: Dates
A.	Pursuant to the Progress Schedule attached hereto as Exhibit C, the Contractor shall achieve Substantial Completion of the Work on or before ____________________, and the Work shall be completed and ready for final payment in accordance with Paragraph 15.06 of the General Conditions on or before __________.
4.03	Liquidated Damages
A.	Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above and that Owner will suffer financial and other losses if the Work is not completed within the Contract Times, as duly modified. The parties also recognize the delays, expense, and difficulties involved in proving, in a legal proceeding, the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty):
1.	Substantial Completion: Contractor shall pay Owner One thousand Five Hundred Dollars ($1,500.00) for each day that expires after the time (as duly adjusted pursuant to the Contract) specified above for Substantial Completion, until the Work is substantially complete.
2.	Completion of Remaining Work: After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Times (as duly adjusted pursuant to the Contract) for completion and readiness for final payment, Contractor shall pay Owner Five Hundred Dollars ($500.00) for each day that expires after such time until the Work is completed and ready for final payment.
3.	Liquidated damages for failing to timely attain Substantial Completion and final completion are not additive, and will not be imposed concurrently.
B.	If Owner recovers liquidated damages for a delay in completion by Contractor, then such liquidated damages are Owner’s sole and exclusive remedy for such delay, and Owner is precluded from recovering any other damages, whether actual, direct, excess, or consequential, for such delay, except for special damages (if any) specified in this Agreement.

CONTRACT PRICE

5.01	Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents, the amount that follows as detailed in the Schedule of Values attached hereto as Exhibit D, subject to adjustment under the Contract:
A.	For all Work other than Unit Price Work, a lump sum of ______________________ Dollars ($________________).

All specific cash allowances are included in the above price in accordance with Paragraph 13.02 of the General Conditions, and are described in Exhibit D.

PAYMENT PROCEDURES

6.01	Submittal and Processing of Payments
A.	Contractor shall submit Applications for Payment in accordance with Article 15 of the General Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.
6.02	Progress Payments; Retainage
A.	Owner shall make progress payments on the basis of Contractor’s Applications for Payment thirty (30) days from receipt of an Application for Payment, provided that such Applications for Payment have been submitted in a timely manner and otherwise meet the requirements of the Contract. All such payments will be measured by the Schedule of Values (and in the case of Unit Price Work based on the number of units completed).
1.	Prior to Substantial Completion, progress payments will be made in an amount equal to the percentage indicated below but, in each case, less the aggregate of payments previously made and less such amounts as Owner may withhold, including but not limited to liquidated damages, in accordance with the Contract.
a.	Ninety-five percent (95%) of the value of the Work completed (with the balance being retainage).
b.	Ninety-five percent (95%) of the cost of properly stored and insured materials and equipment not incorporated in the Work (with the balance being retainage).
B.	Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments to Contractor to one hundred percent (100%) of the Work completed, less such amounts set off by Owner pursuant to Paragraph 15.01.E of the General Conditions, and less two hundred percent (200%) of Engineer’s estimate of the value of Work to be completed or corrected as shown on the punch list of items to be completed or corrected prior to final payment.
C.	Each Application for Payment shall be accompanied by a Waiver and Release of Lien Upon Progress Payment signed by Contractor for that portion of the Work to be paid by Owner in the current Application for Payment. In addition, Contractor shall deliver with each Application for Payment signed Waivers and Releases of Lien Upon Progress Payment from all Subcontractors, sub-subcontractors and suppliers, for that portion of the Work paid by Owner to Contractor through the prior Application for Payment.
6.03	Final Payment
A.	Upon final completion and acceptance of the Work, Owner shall pay the remainder of the Contract Price in accordance with Paragraph 15.06 of the General Conditions.
B.	When Contractor submits its final Application for Payment, Contractor shall deliver to Owner (i) a duly executed Waiver and Release of Lien Upon Final Payment for all Work, (ii) similar Waivers and Releases of Lien Upon Final Payment duly executed by all Subcontractors, sub-subcontractors and suppliers, and (iii) the Final Payment Affidavit required by Florida law.
6.04	Consent of Surety
A.	Owner will not make final payment, or return or release retainage at Substantial Completion or any other time, unless Contractor submits written consent of the surety to such payment, return, or release.
6.05	Interest
A.	All amounts not paid when due will bear interest at the rate of two percent (2%) per month.

CONTRACT DOCUMENTS

7.01	Contents
A.	The Contract Documents consist of all of the following:
1.	This Agreement.
2.	General Conditions attached hereto as Exhibit A.
3.	The List of Drawings and Specifications attached hereto as Exhibit B.
4.	The Progress Schedule attached hereto as Exhibit C.
5.	The Schedule of Values attached hereto as Exhibit D.
6.	The Public Construction Bond form attached hereto as Exhibit E.
7.	The Property Survey attached hereto as Exhibit F.
8.	The Geotechnical Report attached hereto as Exhibit G.
9.	The Grant Agreement attached hereto as Exhibit H.
10.	The Owner’s Direct Purchase Guidelines attached hereto as Exhibit I.
11..	The following which may be delivered or issued on or after the Effective Date of the Contract and are not attached hereto:
a.	Notice to Proceed.
b.	Work Change Directives.
c.	Change Orders.
d.	Field Orders.

B.	The Contract Documents listed in Paragraph 7.01.A are attached to this Agreement (except as expressly noted otherwise above).
C.	There are no Contract Documents other than those listed above in this Article 7.
D.	The Contract Documents may only be amended, modified, or supplemented as provided in the Contract.
E.	In resolving inconsistencies among two or more of the Contract Documents, precedence will be given in the following order:

a. The Grant Agreement.

b. This EJCDC Agreement.

c. The EJCDC Standard General Conditions.

d. Design Criteria Information / Technical Specifications.

e. Drawings.

f. All other Contract Documents.

REPRESENTATIONS, CERTIFICATIONS, AND STIPULATIONS

8.01	Contractor’s Representations
A.	In order to induce Owner to enter into this Contract, Contractor makes the following representations:
1.	Contractor has examined and carefully studied the Contract Documents, including Addenda.
2.	Contractor has visited the Site, conducted a thorough visual examination of the Site and adjacent areas, and become familiar with the general, local, and Site conditions that may affect cost, progress, and performance of the Work.
3.	Contractor is familiar with all Laws and Regulations that may affect cost, progress, and performance of the Work.
4.	Contractor has carefully studied the reports of explorations and tests of subsurface conditions at or adjacent to the Site and the drawings of physical conditions relating to existing surface or subsurface structures at the Site that have been identified in the Contract Documents, with respect to the Technical Data in such reports and drawings.
5.	Contractor has carefully studied the reports and drawings relating to Hazardous Environmental Conditions, if any, at or adjacent to the Site that have been identified in the Contract Documents, with respect to Technical Data in such reports and drawings.
6.	Contractor has considered the information known to Contractor itself; information commonly known to contractors doing business in the locality of the Site; information and observations obtained from visits to the Site; the Contract Documents; and the Technical Data identified in the Contract Documents or by definition, with respect to the effect of such information, observations, and Technical Data on (a) the cost, progress, and performance of the Work; (b) the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor; and (c) Contractor’s safety precautions and programs.
7.	Based on the information and observations referred to in the preceding paragraph, Contractor agrees that no further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract.
8.	Contractor is aware of the general nature of work to be performed by Owner and others at the Site that relates to the Work as indicated in the Contract Documents.
9.	Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and of discrepancies between Site conditions and the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor.
10.	The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work.
11.	Contractor’s entry into this Contract constitutes an incontrovertible representation by Contractor that without exception all prices in the Agreement are premised upon performing and furnishing the Work required by the Contract Documents.
8.02	Contractor’s Certifications
A.	Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for or in executing the Contract. For the purposes of this Paragraph 8.02:
1.	“corrupt practice” means the offering, giving, receiving, or soliciting of anything of value likely to influence the action of a public official in the bidding process or in the Contract execution;
2.	“fraudulent practice” means an intentional misrepresentation of facts made (a) to influence the bidding process or the execution of the Contract to the detriment of Owner, (b) to establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner of the benefits of free and open competition;
3.	“collusive practice” means a scheme or arrangement between two or more Bidders, with or without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial, non-competitive levels; and
4.	“coercive practice” means harming or threatening to harm, directly or indirectly, persons or their property to influence their participation in the bidding process or affect the execution of the Contract.
8.03	Standard General Conditions
A.	Owner stipulates that if the General Conditions that are made a part of this Contract are EJCDC® C700, Standard General Conditions for the Construction Contract (2018), published by the Engineers Joint Contract Documents Committee, as modified and attached hereto as Exhibit A, and if Owner is the party that has furnished said General Conditions, then Owner has plainly shown all modifications to the standard wording of such published document to the Contractor, through a process such as highlighting or “track changes” (redline/strikeout), or in the Contract Documents.

IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement.

This Agreement will be effective on date listed below under Owner’s signature block (which is the Effective Date of the Contract).

Owner:

Contractor:

The City of Gainesville, Florida, d/b/a Gainesville Regional Utilities

(typed or printed name of organization)

By:

(individual’s signature)

Date:

(date signed)

Name:

(typed or printed)

Title:

(typed or printed)

(If [Type of Entity] is a corporation, a partnership, or a joint venture, attach evidence of authority to sign.)

Attest:

(individual’s signature)

Title:

(typed or printed)

Address for giving notices:

Designated Representative:

Name:

(typed or printed)

Title:

(typed or printed)

Address:

Phone:

Email:

(If [Type of Entity] is a corporation, attach evidence of authority to sign. If [Type of Entity] is a public body, attach evidence of authority to sign and resolution or other documents authorizing execution of this Agreement.)

License No.:

(where applicable)

State:

EJCDC® C520, Agreement between Owner and Contractor for Construction Contract (Stipulated Price).

Exhibit A

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared By

Endorsed By

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology	1
1.01	Defined Terms	1
1.02	Terminology	6
Article 2—Preliminary Matters	7
2.01	Delivery of Performance and Payment Bonds; Evidence of Insurance	7
2.02	Copies of Documents	7
2.03	Before Starting Construction	7
2.04	Preconstruction Conference; Designation of Authorized Representatives	8
2.05	Acceptance of Schedules	8
2.06	Electronic Transmittals	8
Article 3—Contract Documents: Intent, Requirements, Reuse	8
3.01	Intent	8
3.02	Reference Standards	9
3.03	Reporting and Resolving Discrepancies	10
3.04	Requirements of the Contract Documents	10
3.05	Reuse of Documents	11
Article 4—Commencement and Progress of the Work	11
4.01	Commencement of Contract Times; Notice to Proceed	11
4.02	Starting the Work	11
4.03	Reference Points	11
4.04	Progress Schedule	12
4.05	Delays in Contractor’s Progress	12
Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions	13
5.01	Availability of Lands	13
5.02	Use of Site and Other Areas	14
5.03	Subsurface and Physical Conditions	15
5.04	Differing Subsurface or Physical Conditions	16
5.05	Underground Facilities	17
5.06	Hazardous Environmental Conditions at Site	19
Article 6—Bonds and Insurance	21
6.01	Performance, Payment, and Other Bonds	21
6.02	Insurance—General Provisions	22
6.03	Contractor’s Insurance	24
6.04	Builder’s Risk and Other Property Insurance	26
6.05	Property Losses; Subrogation	27
6.06	Receipt and Application of Property Insurance Proceeds	28
Article 7—Contractor’s Responsibilities	28
7.01	Contractor’s Means and Methods of Construction	28
7.02	Supervision and Superintendence	29
7.03	Labor; Working Hours	29
7.04	Services, Materials, and Equipment	29
7.05	“Or Equals”	30
7.06	Substitutes	31
7.07	Concerning Subcontractors and Suppliers	32
7.08	Patent Fees and Royalties	34
7.09	Permits	34
7.10	Taxes	34
7.11	Laws and Regulations	35
7.12	Record Documents	35
7.13	Safety and Protection	35
7.14	Hazard Communication Programs	37
7.15	Emergencies	37
7.16	Submittals	37
7.17	Contractor’s General Warranty and Guarantee	40
7.18	Indemnification	41
7.19	Delegation of Professional Design Services	41
Article 8—Other Work at the Site	42
8.01	Other Work	42
8.02	Coordination	43
8.03	Legal Relationships	43
Article 9—Owner’s Responsibilities	44
9.01	Communications to Contractor	44
9.02	Replacement of Engineer	44
9.03	Furnish Data	45
9.04	Pay When Due	45
9.05	Lands and Easements; Reports, Tests, and Drawings	45
9.06	Insurance	45
9.07	Change Orders	45
9.08	Inspections, Tests, and Approvals	45
9.09	Limitations on Owner’s Responsibilities	45
9.10	Undisclosed Hazardous Environmental Condition	45
9.11	Evidence of Financial Arrangements	45
9.12	Safety Programs	45
Article 10—Engineer’s Status During Construction	46
10.01	Owner’s Representative	46
10.02	Visits to Site	46
10.03	Resident Project Representative	46
10.04	Engineer’s Authority	48
10.05	Determinations for Unit Price Work	48
10.06	Decisions on Requirements of Contract Documents and Acceptability of Work	48
10.07	Limitations on Engineer’s Authority and Responsibilities	48
10.08	Compliance with Safety Program	49
Article 11—Changes to the Contract	49
11.01	Amending and Supplementing the Contract	49
11.02	Change Orders	49
11.03	Work Change Directives	50
11.04	Field Orders	50
11.05	Owner-Authorized Changes in the Work	50
11.06	Unauthorized Changes in the Work	51
11.07	Change of Contract Price	51
11.08	Change of Contract Times	52
11.09	Change Proposals	52
11.10	Notification to Surety	53
Article 12—Claims	54
12.01	Claims	54
Article 13—Cost of the Work; Allowances; Unit Price Work	55
13.01	Cost of the Work	55
13.02	Allowances	58
13.03	Unit Price Work	59
Article 14—Tests and Inspections; Correction, Removal, or Acceptance of Defective Work	60
14.01	Access to Work	60
14.02	Tests, Inspections, and Approvals	60
14.03	Defective Work	61
14.04	Acceptance of Defective Work	61
14.05	Uncovering Work	61
14.06	Owner May Stop the Work	62
14.07	Owner May Correct Defective Work	62
Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period	63
15.01	Progress Payments	63
15.02	Contractor’s Warranty of Title	66
15.03	Substantial Completion	66
15.04	Partial Use or Occupancy	67
15.05	Final Inspection	68
15.06	Final Payment	68
15.07	Waiver of Claims	69
15.08	Correction Period	69
Article 16—Suspension of Work and Termination	70
16.01	Owner May Suspend Work	70
16.02	Owner May Terminate for Cause	70
16.03	Owner May Terminate for Convenience	72
16.04	Contractor May Stop Work or Terminate	72
Article 17—Final Resolution of Disputes	72
17.01	Methods and Procedures	72
Article 18—Miscellaneous	73
18.01	Giving Notice	73
18.02	Computation of Times	73
18.03	Cumulative Remedies	73
18.04	Limitation of Damages	73
18.05	No Waiver	73
18.06	Survival of Obligations	74
18.07	Controlling Law	74
18.08	Assignment of Contract	74
18.09	Successors and Assigns	74
18.10	Headings	74

EJCDC® C700, Standard General Conditions of the Construction Contract.

TOC Page 4 of 6

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

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 document prepared by Contractor, in a form acceptable to Engineer, to request 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; 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; 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.
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.
c.	A demand or assertion by Owner or Contractor, duly submitted in compliance with the procedural requirements set forth herein, made pursuant to Paragraph 12.01.A.4, concerning disputes arising after Engineer has issued a recommendation of final payment.
d.	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), lead-based paint (as defined by the HUD/EPA standard), hazardous waste, and any substance, product, waste, or other material of any nature whatsoever that is or becomes listed, regulated, or addressed pursuant to Laws and Regulations 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 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.	Electronic Document—Any Project-related correspondence, attachments to correspondence, data, documents, drawings, information, or graphics, including but not limited to Shop Drawings and other Submittals, that are in an electronic or digital format.
21.	Electronic Means—Electronic mail (email), upload/download from a secure Project website, or other communications methods that allow: (a) the transmission or communication of Electronic Documents; (b) the documentation of transmissions, including sending and receipt; (c) printing of the transmitted Electronic Document by the recipient; (d) the storage and archiving of the Electronic Document by sender and recipient; and (e) the use by recipient of the Electronic Document for purposes permitted by this Contract. Electronic Means does not include the use of text messaging, or of Facebook, Twitter, Instagram, or similar social media services for transmission of Electronic Documents.
22.	Engineer—The individual or entity named as such in the Agreement.
23.	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.
24.	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.
a.	The presence at the Site of materials that are necessary for the execution of the Work, or that are to be incorporated into the Work, and that are controlled and contained pursuant to industry practices, Laws and Regulations, and the requirements of the Contract, is not a Hazardous Environmental Condition.
b.	The presence of Constituents of Concern that are to be removed or remediated as part of the Work is not a Hazardous Environmental Condition.
c.	The presence of Constituents of Concern as part of the routine, anticipated, and obvious working conditions at the Site, is not a Hazardous Environmental Condition.
25.	Laws and Regulations; Laws or Regulations—Any and all applicable laws, statutes, rules, regulations, ordinances, codes, and binding decrees, resolutions, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction.
26.	Liens—Charges, security interests, or encumbrances upon Contract-related funds, real property, or personal property.
27.	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.
28.	Notice of Award—The written notice by Owner to a Bidder of Owner’s acceptance of the Bid.
29.	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.
30.	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.
31.	Progress Schedule—A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising Contractor’s plan to accomplish the Work within the Contract Times.
32.	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.
33.	Resident Project Representative—The authorized representative of Engineer assigned to assist Engineer at the Site. As used herein, the term Resident Project Representative (RPR) includes any assistants or field staff of Resident Project Representative.
34.	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.
35.	Schedule of Submittals—A schedule, prepared and maintained by Contractor, of required submittals and the time requirements for Engineer’s review of the submittals.
36.	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.
37.	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.
38.	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 or areas furnished by Owner which are designated for the use of Contractor.
39.	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.
40.	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.
41.	Submittal—A written or graphic document, prepared by or for Contractor, which the Contract Documents require Contractor to submit to Engineer, or that is indicated as a Submittal in the Schedule of Submittals accepted by Engineer. Submittals may include Shop Drawings and Samples; schedules; product data; Owner-delegated designs; sustainable design information; information on special procedures; testing plans; results of tests and evaluations, source quality-control testing and inspections, and field or Site quality-control testing and inspections; warranties and certifications; Suppliers’ instructions and reports; records of delivery of spare parts and tools; operations and maintenance data; Project photographic documentation; record documents; and other such documents required by the Contract Documents. Submittals, whether or not approved or accepted by Engineer, are not Contract Documents. Change Proposals, Change Orders, Claims, notices, Applications for Payment, and requests for interpretation or clarification are not Submittals.
42.	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 of such Work.
43.	Successful Bidder—The Bidder to which the Owner makes an award of contract.
44.	Supplier—A manufacturer, fabricator, supplier, distributor, 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.
45.	Technical Data
a.	Those items expressly identified as Technical Data in the Contract Documents, with respect to either (1) existing subsurface conditions at or adjacent to the Site, or existing physical conditions at or adjacent to the Site including existing surface or subsurface structures (except Underground Facilities) or (2) Hazardous Environmental Conditions at the Site.
b.	If no such express identifications of Technical Data have been made with respect to conditions at the Site, then Technical Data is defined, with respect to conditions at the Site under Paragraphs 5.03, 5.04, and 5.06, as the data contained in boring logs, recorded measurements of subsurface water levels, assessments of the condition of subsurface facilities, laboratory test results, and other factual, objective information regarding conditions at the Site that are set forth in any geotechnical, environmental, or other Site or facilities conditions report prepared for the Project and made available to Contractor.
c.	Information and data regarding the presence or location of Underground Facilities are not intended to be categorized, identified, or defined as Technical Data, and instead Underground Facilities are shown or indicated on the Drawings.
46.	Underground Facilities—All active or not-in-service underground lines, pipelines, conduits, ducts, encasements, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or systems at the Site, including but not limited to those facilities or systems that produce, transmit, distribute, or convey telephone or other communications, cable television, fiber optic transmissions, power, electricity, light, heat, gases, oil, crude oil products, liquid petroleum products, water, steam, waste, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. An abandoned facility or system is not an Underground Facility.
47.	Unit Price Work—Work to be paid for on the basis of unit prices.
48.	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.
49.	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 Paragraphs 1.02.B, C, D, and E are not defined terms that require initial capital letters, but, when used in the Bidding Requirements or Contract Documents, have the indicated meaning.
B.	Intent of Certain Terms or Adjectives: 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: The word “day” means a calendar day of 24 hours measured from midnight to the next midnight.
D.	Defective: The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it:
1.	does not conform to the Contract Documents;
2.	does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents; or
3.	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 Paragraph 15.04).
E.	Furnish, Install, Perform, Provide
1.	The word “furnish,” when used in connection with services, materials, or equipment, means 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, means 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, means 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.	Contract Price or Contract Times: References to a change in “Contract Price or Contract Times” or “Contract Times or Contract Price” or similar, indicate that such change applies to (1) Contract Price, (2) Contract Times, or (3) both Contract Price and Contract Times, as warranted, even if the term “or both” is not expressed.
G.	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 Public Construction Bond; Evidence of Insurance
A.	Public Construction Bond: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the Public Construction Bond described in the Contract Documents.
B.	Evidence of Contractor’s Insurance: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner, with copies to each additional insured (as identified in the Contract), the certificates, endorsements, and other evidence of insurance required to be provided by Contractor in accordance with Article 6, except to the extent the Contract Documents expressly establish other dates for delivery of specific insurance policies.
C.	Evidence of Owner’s Insurance: After receipt of the signed counterparts of the Agreement and all required bonds and insurance documentation, Owner shall promptly deliver to Contractor, with copies to each additional insured (as identified in the Contract), 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 Electronic copy of the Contract (including one fully signed 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 Electronic record version of the Contract, including Drawings and Specifications signed and sealed by Engineer and other design professionals. Owner shall make such original printed record version of the Contract available to Contractor for review. Owner may delegate the responsibilities under this provision to Engineer.
2.03	Before Starting Construction
A.	Preliminary Schedules of Submittals: Within 10 days after the Effective Date of the Contract (or as otherwise required by the Contract Documents), Contractor shall submit to Engineer for timely review:
1.	A preliminary Schedule of Submittals.
2.04	Preconstruction Conference; Designation of Authorized Representatives
A.	Before any Work at the Site is started, a conference attended by Owner, Contractor, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work, and to discuss the schedules referred to in Paragraph 2.03.A, procedures for handling Shop Drawings, Samples, and other Submittals, processing Applications for Payment, electronic or digital transmittals, and maintaining required records.
B.	At this conference Owner and Contractor each shall designate, in writing, a specific individual to act as its authorized representative with respect to the services and responsibilities under the Contract. Such individuals shall have the authority to transmit and receive information, render decisions relative to the Contract, and otherwise act on behalf of each respective party.
2.05	Acceptance of Schedules
A.	At least 10 days before submission of the first Application for Payment, a conference, attended by Contractor, Engineer, and others as appropriate, will be held to review the schedule submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until an acceptable schedule is submitted to Engineer.
1.	The Progress Schedule attached as Exhibit C to the Agreement will not impose on Owner or Engineer responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work, nor interfere with or relieve Contractor from Contractor’s full responsibility therefor.
2.	Contractor’s Schedule of Submittals will be acceptable to Owner and Engineer if it provides a workable arrangement for reviewing and processing the required submittals.
3.	If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule.
2.06	Electronic Transmittals
A.	When transmitting Electronic Documents by Electronic Means, the transmitting party makes no representations as to long-term compatibility, usability, or readability of the Electronic Documents resulting from the recipient’s use of software application packages, operating systems, or computer hardware differing from those used in the drafting or transmittal of the Electronic Documents.
B.	The parties shall conform to the following provisions, together referred to as the Electronic Documents Protocol (“EDP” or “Protocol”) for exchange of electronic transmittals.
1.	Basic Requirements
a.	To the fullest extent practical, the parties agree to and will transmit and accept Electronic Documents in an electronic or digital format using the procedures described in this Protocol. Use of the Electronic Documents and any information contained therein is subject to the requirements of this Protocol and other provisions of the Contract.
b.	The contents of the information in any Electronic Document will be the responsibility of the transmitting party.
c.	Electronic Documents as exchanged by this Protocol may be used in the same manner as the printed versions of the same documents that are exchanged using non-electronic format and methods, subject to the same governing requirements, limitations, and restrictions, set forth in the Contract Documents.
d.	Except as otherwise explicitly stated herein, the terms of this Protocol will be incorporated into any other agreement or subcontract between a party and any third party for any portion of the Work on the Project, or any Project-related services, where that third party is, either directly or indirectly, required to exchange Electronic Documents with a party or with Engineer. Nothing herein will modify the requirements of the Contract regarding communications between and among the parties and their subcontractors and consultants.
e.	When transmitting Electronic Documents, the transmitting party makes no representations as to long term compatibility, usability, or readability of the items resulting from the receiving party’s use of software application packages, operating systems, or computer hardware differing from those established in this Protocol.
f.	Nothing herein negates any obligation 1) in the Contract to create, provide, or maintain an original printed record version of Drawings and Specifications, signed and sealed according to applicable Laws and Regulations; 2) to comply with any applicable Law or Regulation governing the signing and sealing of design documents or the signing and electronic transmission of any other documents; or 3) to comply with the notice requirements of Paragraph 18.01 of these General Conditions.
2.	System Infrastructure for Electronic Document Exchange
a.	Each party will provide hardware, operating system(s) software, internet, e-mail, and large file transfer functions (“System Infrastructure”) at its own cost and sufficient for complying with the EDP requirements. With the exception of minimum standards set forth in this EDP, and any explicit system requirements specified by attachment to this EDP, it is the obligation of each party to determine, for itself, its own System Infrastructure.
1)	The maximum size of an email attachment for exchange of Electronic Documents under this EDP is 10 MB. Attachments larger than that may be exchanged using large file transfer functions or physical media.
2)	Each Party assumes full and complete responsibility for any and all of its own costs, delays, deficiencies, and errors associated with converting, translating, updating, verifying, licensing, or otherwise enabling its System Infrastructure, including operating systems and software, for use with respect to this EDP.
b.	Each party is responsible for its own system operations, security, back-up, archiving, audits, printing resources, and other Information Technology (“IT”) for maintaining operations of its System Infrastructure during the Project, including coordination with the party’s individual(s) or entity responsible for managing its System Infrastructure and capable of addressing routine communications and other IT issues affecting the exchange of Electronic Documents.
c.	Each party will operate and maintain industry-standard, industry-accepted, ISOstandard, commercial-grade security software and systems that are intended to protect the other party from: software viruses and other malicious software like worms, trojans, adware; data breaches; loss of confidentiality; and other threats in the transmission to or storage of information from the other parties, including transmission of Electronic Documents by physical media such as CD/DVD/flash drive/hard drive. To the extent that a party maintains and operates such security software and systems, it shall not be liable to the other party for any breach of system security.
d.	In the case of disputes, conflicts, or modifications to the EDP required to address issues affecting System Infrastructure, the parties shall cooperatively resolve the issues; but, failing resolution, the Owner is authorized to make and require reasonable and necessary changes to the EDP to effectuate its original intent. If the changes cause additional cost or time to Contractor, not reasonably anticipated under the original EDP, Contractor may seek an adjustment in price or time under the appropriate process in the Contract.
e.	Each party is responsible for its own back-up and archive of documents sent and received during the term of the contract under this EDP, unless this EDP establishes a Project document archive, either as part of a mandatory Project website or other communications protocol, upon which the parties may rely for document archiving during the specified term of operation of such Project document archive. Further, each party remains solely responsible for its own post-Project back-up and archive of Project documents after the term of the Contract, or after termination of the Project document archive, if one is established, for as long as required by the Contract and as each party deems necessary for its own purposes.
f.	If a receiving party receives an obviously corrupted, damaged, or unreadable Electronic Document, the receiving party will advise the sending party of the incomplete transmission.

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File details come from the government source that posted it. Updated Jun 27, 2025.