Bid_#2027-01_-_Specifications_Volume_1_-_Contract_C.pdf

May 2026

PROJECT MANUAL

VOLUME 1 of 2

CITY OF BLOOMINGTON

Potable Water Distribution System Improvements

Contract C - Pumping, Storage, and Water Mains

Bid # 2027-01

Bloomington, Illinois

Donohue & Associates, Inc.

1605 South State Street, Suite 1C

Champaign, Illinois 61820

217.352.9990 | donohue-associates.com

Donohue Project No.: 14087C

Donohue & Associates 1605 South State Street, Suite 1C Champaign, Illinois 61820 Phone: 217.352.9990

Project No. 14087C

CITY OF BLOOMINGTON, IL

POTABLE WATER DISTRIBUTION SYSTEM IMPROVEMENTS

CONTRACT C – PUMPING, STORAGE AND WATER MAINS

BLOOMINGTON, IL

Donohue & Associates, Inc. PROJECT SEALS

City of Bloomington, IL Potable Water Distribution System Improvements Contract C – Pumping, Storage And Water Mains

DIVISION 00 – FRONT END DOCUMENTS

All Sections

DIVISION 01 – GENERAL REQUIREMENTS

All Sections DIVISION 11 – Equipment All Sections

DIVISION 31 – EARTHWORK

All Sections

DIVISION 32 – EXTERIOR IMPROVEMENTS

All Sections

DIVISION 33 – UTILITIES

DIVISION 03 – CONCRETE

DIVISION 04 – MASONRY

All Sections

DIVISION 05 – METALS

All Sections

DIVISION 06 – WOODS, PLASTICS, AND COMPOSITES

All Sections

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

All Sections

DIVISION 08 – OPENINGS

All Sections

DIVISION 09 – FINISHES

All Sections

DIVISION 10 – SPECIALTIES

Section 10 28 10 – Toilet Room Accessories Section 10 44 16 – Fire Extinguishers Section 10 44 50 – Door Signs Section 10 52 40 – Data and Key Storage Cabinets

DIVISION 13 – SPECIAL CONSTRUCTION

All Sections

DIVISION 41 – MATERIAL PROCESSING AND HANDLING

EQUIPMENT

License Expiration: 11/30/2027

License Expiration: 11/30/2026 kanderson Stamp kanderson Stamp

DIVISION 22 – PLUMBING

DIVISION 23 – HEATING, VENTILATING AND AIR

CONDITIONING

DIVISION 26 – ELECTRICAL

DIVISION 27 – COMMUNICATIONS

All Sections

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

All Sections

DIVISION 40 – PROCESS INTERCONNECTIONS

Section 40 61 13 – Process Control System (PCS) General Provisions Section 40 61 20 – Process Control System (PCS) Configuration Services Section 40 61 21 – Process Control System - Testing Section 40 61 26 – Process Control System - Training Section 40 61 93 – Process Control System – Input-Output List Section 40 61 96 – Process Control Descriptions Section 40 62 63 – Operator Interface Units Section 40 63 43 – Programmable Logic Controllers Section 40 66 00 – Network and Communication Equipment Section 40 67 15 – Control Panels Section 40 67 63 – Control Panel Mounted Uninterruptible Power Supply (UPS) Section 40 70 00 – Instrumentation of Process Systems Section 40 78 00 – Panel Mounted Instruments Section 40 79 00 – Miscellaneous Instruments kanderson Stamp

DIVISION 10 – SPECIALTIES

Section 10 14 10 – Systems Identification

DIVISION 40 – PROCESS INTERCONNECTIONS

Section 40 05 05 – Exposed Piping Installation Section 40 05 06 – Couplings, Adapters, and Specials for Process Piping Section 40 05 07 – Pipe Hangers and Supports Section 40 05 09 – Pipe Sleeves and Seals Section 40 05 10 – Testing Piping Systems Section 40 05 19 – Ductile Iron Process Pipe Section 40 05 23 – Stainless Steel Process Pipe Section 40 05 24 – Steel Process Pipe Section 40 05 31.13 – Polyvinyl Chloride Process Pipe Section 40 05 31.83 – Flexible Plastic Tubing Section 40 05 53 – Process Valves Section 40 05 53.02 – Reservoir Hydrodynamic Mixing System Section 40 41 13 – Process Piping Heat Tracing Section 40 42 13 – Mechanical Insulation

DIVISION 43 – PROCESS GAS AND LIQUID HANDLING

EQUIPMENT

All Sections

DIVISION 46 – WATER AND WASTEWATER EQUIPMENT

All Sections

License Expiration: 11/30/2027

Donohue & Associates, Inc. TABLE OF CONTENTS Project No. 14087C 1

CONTRACT C – PUMPING, STORAGE, AND WATER MAINS

TABLE OF CONTENTS – VOLUME 1

NOTICE OF AWARD

NOTICE TO PROCEED

GENERAL CONDITIONS

SUPPLEMENTARY CONDITIONS

SPECIFICATIONS

DIVISION 01 – GENERAL REQUIREMENTS

Section 01 11 00 – Summary of Work Section 01 21 00 – Contingency Section 01 21 01 – Allowances Section 01 29 73 – Schedule of Values Section 01 31 19 – Project Meetings Section 01 32 15 – Progress Schedule (Critical Path Method) Section 01 32 33 – Construction Photographs Section 01 33 00 – Submittal Procedures Section 01 35 16 – Alteration Project Procedures Section 01 41 00 – Regulatory Requirements Section 01 42 00 – Abbreviations and References Section 01 45 29 – Testing Laboratory Services Section 01 52 00 – Construction Facilities Section 01 55 26 – Traffic Control Section 01 57 19 – Temporary Environmental Controls Section 01 61 00 – Common Product Requirements Section 01 71 23 – Construction Staking Section 01 74 00 – Cleaning and Waste Management Section 01 74 50 – Disinfection of Water Mains and Facilities Section 01 75 20 – Alignment and Vibration Testing of Rotating Equipment Section 01 78 23 – Operation and Maintenance Manuals Section 01 78 39 – Project Record Documents Section 01 79 10 – Systems Demonstrations Section 01 79 30 – Instructional Services

DIVISION 03 – CONCRETE

Section 03 20 00 – Concrete Reinforcing Section 03 30 00 – Cast-In-Place Concrete Section 03 40 00 – Precast Concrete Section 03 62 00 – Non-shrink Grouting

TABLE OF CONTENTS Donohue & Associates, Inc.

2 Project No. 14087C

DIVISION 04 – MASONRY

Section 04 22 00 – Concrete Unit Masonry

DIVISION 05 – METALS

Section 05 50 00 – Metal Fabrications Section 05 52 00 – Metal Railing Section 05 53 13 – Bar Grating

DIVISION 06 – WOOD, PLASTICS, AND COMPOSITES

Section 06 10 00 – Rough Carpentry Section 06 40 30 – Wood Casework

DIVISION 07 – THERMAL AND MOISTURE PROTECTION

Section 07 21 00 – Thermal Insulation Section 07 21 19 – Foamed-In-Place Insulation Section 07 26 20 – Liquid Applied Air-Vapor Barrier System Section 07 54 00 – Thermoplastic Membrane Roofing

Section 07 71 33 – Scuppers and Downspouts Section 07 92 00 – Joint Sealants

DIVISION 08 – OPENINGS

Section 08 11 13 – Hollow Metal Doors and Frames Section 08 16 13 – Fiberglass Doors and Frames Section 08 33 23 – Overhead Coiling Doors Section 08 51 13 – Aluminum Windows Section 08 71 00 – Door Hardware Section 08 81 00 – Glass Glazing

DIVISION 09 – FINISHES

Section 09 26 00 – Cold-Dorm Metal Framing Assemblies Section 09 30 10 – Ceramic Tiling Section 09 51 00 – Acoustical Ceilings Section 09 65 00 – Resilient Flooring Section 09 68 10 – Tile Carpeting Section 09 96 00 – High-Performance Coatings

DIVISION 10 – SPECIALTIES

Section 10 14 10 – Systems Identification Section 10 28 10 – Toilet Room Accessories Section 10 44 16 – Fire Extinguishers Section 10 44 50 – Door Signs Section 10 52 40 – Data and Key Storage Cabinets

DIVISION 11 – EQUIPMENT

Section 11 94 00 – Tablet Dechlorinator

Project No. 14087C 3

DIVISION 13 – SPECIAL CONSTRUCTION

Section 13 47 13 – Cathodic Protection

DIVISION 22 – PLUMBING

Section 22 00 05 – Plumbing Systems

DIVISION 23 – HEATING, VENTILATING AND AIR CONDITIONING

Section 23 05 93 – Testing, Adjusting, and Balancing for HVAC Section 23 09 23 – Digital Control Systems for HVAC Section 23 11 23 – Facilities Natural Gas Piping Section 23 31 13 – Metal Ducts Section 23 31 14 – Non-Fibrous, Closed Cell, Outdoor Ductwork Section 23 33 00 – Air Duct Accessories Section 23 34 23 – HVAC Power Ventilators Section 23 36 16 – Variable-Air-Volume Units Section 23 37 13 – Diffusers, Registers, and Grilles Section 23 74 19 – Packaged Rooftop Unit Section 23 82 38 – Electric Heating Terminals

4 Project No. 14087C

CONTRACT C – PUMPING, STORAGE, AND WATER MAINS

TABLE OF CONTENTS – VOLUME 2

DIVISION 26 – ELECTRICAL

Section 26 01 26 – Testing Electrical Systems Section 26 05 19 – Low-Voltage Conductors and Cables (600V and Less) Section 26 05 26 – Grounding and Bonding for Electrical Systems Section 26 05 29 – Hangers and Supports for Electrical Systems Section 26 05 33.13 – Cabinets and Boxes for Electrical System Section 26 05 33.16 – Conduit for Electrical System Section 26 05 43 – Underground Ducts and Raceways for Electrical Systems Section 26 05 73 – Power System Studies Section 26 05 84 – Electric Motors Section 26 05 90 – Electric Utility Services Section 26 22 00 – Low-Voltage Transformers Section 26 24 13 – Switchboards Section 26 24 16 – Panelboards Section 26 27 26 – Wiring Devices Section 26 28 00 – Low-Voltage Circuit Protective Devices Section 26 29 00 – Low-Voltage Controllers Section 26 29 23 – Variable Frequency Drive Equipment Section 26 32 09 – Portable Generator Connection Cabinet Section 26 32 13.13 – Diesel-Engine-Driven Generator Sets Section 26 32 13.16 – Gas-Engine-Driven Generator Sets Section 26 36 00 – Transfer Switches (Standby) Section 26 41 00 – Facility Lightning Protection Section 26 51 00 – Interior Lighting Section 26 56 00 – Exterior Lighting

DIVISION 27 – COMMUNICATIONS

Section 27 13 00 – Network Cabling

DIVISION 28 – ELECTRONIC SAFETY AND SECURITY

Section 28 10 00 – Access Control Systems Section 28 20 00 – Video Surveillance Systems

DIVISION 31 – EARTHWORK

Section 31 10 00 – Site Clearing Section 31 22 00 – Grading Section 31 23 00 – Excavation and Fill Section 31 23 33 – Trenching and Backfill Section 31 25 00 – Erosion and Sedimentation Control Section 31 37 00 – Riprap

Project No. 14087C 5

DIVISION 32 – EXTERIOR IMPROVEMENTS

Section 32 11 23 – Aggregate Base and Surface Courses Section 32 12 16 – Asphalt Paving Section 32 13 13 – Concrete Paving Section 32 16 13 – Curbs and Gutters Section 32 16 23 – Sidewalks Concrete Section 32 31 13 – Chain Link Fences and Gates Section 32 92 00 – Turf and Grasses

DIVISION 33 – UTILITIES

Section 33 01 30.72 – Cured-In-Place Pipe Lining Section 33 04 00 – Testing Buried Piping Systems Section 33 05 05 – Site Utilities Section 33 05 07.23 – Boring and Jacking Section 33 05 07.24 – Boring and Jacking (UPRR and Rt 66 Crossing) Section 33 05 61 – Manholes, Catch Basins, and Inlets Section 33 14 16 – Water Distribution System Section 33 15 00 – Line Stopping Section 33 16 19 – Elevated Spheroid Water Storage Tanks – Modifications Section 33 16 23 – Steel Water Storage Tanks Section 33 31 13 – Sanitary Sewer Gravity Piping Section 33 34 10 – Septic Systems Section 33 42 11 – Storm Water Gravity Piping Section 33 52 00 – Hydrocarbon Transmission and Distribution

DIVISION 40 – PROCESS INTERCONNECTIONS

Section 40 05 05 – Exposed Piping Installation Section 40 05 06 – Couplings, Adapters, and Specials for Process Piping Section 40 05 07 – Pipe Hangers and Supports Section 40 05 09 – Pipe Sleeves and Seals Section 40 05 10 – Testing Piping Systems Section 40 05 19 – Ductile Iron Process Pipe Section 40 05 23 – Stainless Steel Process Pipe Section 40 05 24 – Steel Process Pipe Section 40 05 31.13 – Polyvinyl Chloride Process Pipe Section 40 05 31.83 – Flexible Plastic Tubing Section 40 05 53 – Process Valves Section 40 05 53.02 – Reservoir Hydrodynamic Mixing System Section 40 41 13 – Process Piping Heat Tracing Section 40 42 13 – Mechanical Insulation Section 40 61 13 – Process Control System (PCS) General Provisions Section 40 61 20 – Process Control System (PCS) Configuration Services Section 40 61 21 – Process Control System - Testing Section 40 61 26 – Process Control System - Training Section 40 61 93 – Process Control System – Input-Output List Section 40 61 96 – Process Control Descriptions Section 40 62 63 – Operator Interface Terminals Section 40 63 43 – Programmable Logic Controllers Section 40 66 00 – Network and Communication Equipment Section 40 67 15 – Control Panels Section 40 67 63 – Control Panel Mounted Uninterruptible Power Supply (UPS) Section 40 70 00 – Instrumentation of Process Systems

6 Project No. 14087C

Section 40 78 00 – Panel Mounted Instruments Section 40 79 00 – Miscellaneous Instruments

DIVISION 41 – MATERIAL PROCESSING AND HANDLING EQUIPMENT

Section 41 22 13.50 – Hoisting Equipment Section 41 22 23.10 – Manual Hoists

DIVISION 43 – PROCESS GAS AND LIQUID HANDLING EQUIPMENT

Section 43 23 21 – Horizontal Split Case Pumps

DIVISION 46 – WATER AND WASTEWATER EQUIPMENT

Section 46 41 41 – Tank Mixer

APPENDIX

Subsurface Exploration and Foundation Recommendations Soil Evaluation Report for Private Septic System – City of Bloomington Union Pacific Railroad – Guidelines for Track & Ground Monitoring C-C620 Contractor’s Application for Payment C-625 Certificate of Substantial Completion C-626 Certificate of Final Completion C-940 Work Change Directive C-942 Field Order Form Certificate of Installation Services Certificate of Instructional Services Certificate of Post Startup Services Change Order Contractor’s Request for Substitution Contractor’s Submittal Transmittal Request for Information

Donohue & Associates, Inc. NOTICE OF AWARD Project No. 14087C 00 51 00-1

DATED:

TO:

CONTRACT:

City of Bloomington Potable Water Distribution System Improvements Contract C – Pumping, Storage, and Water Mains

Bid #2027-01 Bloomington, IL

You are notified that Owner has accepted your Bid dated __________________for the above Contract, and that you are the Successful Bidder and are awarded a Contract for:

The Work of this Contract is described as general construction of water distribution facilities throughout the distribution system including sitework, yard piping, structural, architectural, process piping and equipment, plumbing, heating, ventilation, air conditioning, electrical, and instrumentation and control. The project generally includes a new 22.5 MGD water pump station, upgrades to an existing 4.5 MGD booster station, two new 5MG ground storage tanks, a new 36" water main, water main improvements, and rehabilitation of an existing 0.4MG elevated storage tank.

The Contract Price of your Contract is

Dollars ($______________________ ).

Three copies of the Agreement accompany this Notice of Award and one copy of the Contract Documents accompanies this Notice of Award, or has been transmitted or made available to Bidder electronically. Additional sets of Contract Documents and Drawings will be delivered separately at a later date.

You must comply with the following conditions precedent within 15 days of the date of this Notice of Award, that is by .

Donohue & Associates, Inc. NOTICE OF AWARD Project No. 14087C 00 51 00-2

1. Deliver to the Owner three fully executed counterparts of the Agreement, signed by Bidder (as Contractor).

2. Deliver with the signed Agreement the Contract security (Bonds) and insurance documentation, as specified in the Instructions to Bidders (Article 20) and General Conditions (Article 6).

Failure to comply with these conditions within the time specified will entitle Owner to consider your Bid in default, to annul this Notice of Award, and to declare your Bid security forfeited.

Within 10 days after you comply with the above conditions, Owner will return to you one fully executed counterpart of Agreement.

City of Bloomington, Illinois

(OWNER)

(AUTHORIZED SIGNATURE)

(TITLE)

Copy: Engineer

Donohue & Associates, Inc. NOTICE TO PROCEED Project No. 14087C 00 55 00-1

DATED:

TO:

CONTRACT:

City of Bloomington Potable Water Distribution System Improvements Contract C – Pumping, Storage, and Water Mains

Bid #2027-01 Bloomington, IL

Owner hereby notifies Contractor that the Contract Times under the above Contract will commence to run on .

On that date, Contractor shall start performing its obligations under the Contract Documents. No work shall be done prior to such date, without written approval from the Owner. In accordance with the Agreement the date of Substantial Completion is and the date of readiness for final payment is .

Before starting any Work at the Site, Contractor must comply with the following:

Provide construction schedule, schedule of values

City of Bloomington, Illinois

(OWNER)

(AUTHORIZED SIGNATURE)

(TITLE)

Copy: Engineer

GENERAL CONDITIONS

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

Prepared By

Endorsed By

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

Copyright© 2018

National Society of Professional Engineers

1420 King Street, Alexandria, VA 22314-2794

(703) 684-2882 www.nspe.org

American Council of Engineering Companies

1015 15th Street N.W., Washington, DC 20005

(202) 347-7474 www.acec.org

American Society of Civil Engineers

1801 Alexander Bell Drive, Reston, VA 20191-4400

(800) 548-2723 www.asce.org

The copyright for this EJCDC document is owned jointly by the three sponsoring organizations listed above. The National Society of Professional Engineers is the Copyright Administrator for the EJCDC documents; please direct all inquiries regarding EJCDC copyrights to NSPE.

NOTE: EJCDC publications may be purchased at www.ejcdc.org, or from any of the sponsoring organizations above.

http://www.nspe.org/ http://www.acec.org/ http://www.asce.org/ http://www.ejcdc.org/

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 1 of 5

STANDARD GENERAL CONDITIONS

OF THE CONSTRUCTION CONTRACT

TABLE OF CONTENTS

Page

Article 1—Definitions and Terminology

1.01 Defined Terms

1.02 Terminology

Article 2—Preliminary Matters

2.01 Delivery of Performance and Payment Bonds; Evidence of Insurance

2.02 Copies of Documents

2.03 Before Starting Construction

2.04 Preconstruction Conference; Designation of Authorized Representatives

2.05 Acceptance of Schedules

2.06 Electronic Transmittals

Article 3—Contract Documents: Intent, Requirements, Reuse

3.01 Intent

3.02 Reference Standards

3.03 Reporting 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; Notice to Proceed

4.02 Starting the Work

4.03 Reference Points

4.04 Progress Schedule

4.05 Delays in Contractor’s Progress

Article 5—Site; 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 Conditions

5.04 Differing Subsurface or Physical Conditions

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 2 of 5

5.05 Underground Facilities

5.06 Hazardous Environmental Conditions 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 Builder’s Risk and Other Property Insurance

6.05 Property Losses; Subrogation

6.06 Receipt and Application of Property Insurance Proceeds

Article 7—Contractor’s Responsibilities

7.01 Contractor’s Means and Methods of Construction

7.02 Supervision and Superintendence

7.03 Labor; Working Hours

7.04 Services, Materials, and Equipment

7.05 “Or Equals”

7.06 Substitutes

7.07 Concerning Subcontractors and Suppliers

7.08 Patent Fees and Royalties

7.09 Permits

7.10 Taxes

7.11 Laws and Regulations

7.12 Record Documents

7.13 Safety and Protection

7.14 Hazard Communication Programs

7.15 Emergencies

7.16 Submittals

7.17 Contractor’s General Warranty and Guarantee

7.18 Indemnification

7.19 Delegation of Professional Design Services

Article 8—Other Work at the Site

8.01 Other Work

8.02 Coordination

8.03 Legal Relationships

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 3 of 5

Article 9—Owner’s Responsibilities

9.01 Communications 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 Inspections, Tests, and Approvals

9.09 Limitations on Owner’s Responsibilities

9.10 Undisclosed Hazardous Environmental Condition

9.11 Evidence of Financial Arrangements

9.12 Safety Programs

Article 10—Engineer’s Status During Construction

10.01 Owner’s Representative

10.02 Visits to Site

10.03 Resident Project Representative

10.04 Engineer’s Authority

10.05 Determinations for Unit Price Work

10.06 Decisions on Requirements of Contract Documents and Acceptability of Work

10.07 Limitations on Engineer’s Authority and Responsibilities

10.08 Compliance with Safety Program

Article 11—Changes to the Contract

11.01 Amending and Supplementing the Contract

11.02 Change Orders

11.03 Work Change Directives

11.04 Field Orders

11.05 Owner-Authorized Changes in the Work

11.06 Unauthorized Changes in the Work

11.07 Change of Contract Price

11.08 Change of Contract Times

11.09 Change Proposals

11.10 Notification to Surety

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 4 of 5

Article 12—Claims

12.01 Claims

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, Inspections, and Approvals

14.03 Defective Work

14.04 Acceptance of Defective Work

14.05 Uncovering Work

14.06 Owner May Stop the Work

14.07 Owner May Correct Defective Work

Article 15—Payments to Contractor; Set-Offs; Completion; Correction Period

15.01 Progress Payments

15.02 Contractor’s Warranty of Title

15.03 Substantial Completion

15.04 Partial Use or Occupancy

15.05 Final Inspection

15.06 Final Payment

15.07 Waiver of Claims

15.08 Correction 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

18.01 Giving Notice

18.02 Computation of Times

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

TOC Page 5 of 5

18.03 Cumulative Remedies

18.04 Limitation of Damages

18.05 No Waiver

18.06 Survival of Obligations

18.07 Controlling Law

18.08 Assignment of Contract

18.09 Successors and Assigns

18.10 Headings

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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.

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43. Successful Bidder—The Bidder to which the Owner makes an award of contract.

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

45. 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.

46. Technical Data

a. Those items expressly identified as Technical Data in the Supplementary Conditions, 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.

47. 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.

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

49. 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.

50. 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.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

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 Performance and Payment Bonds; Evidence of Insurance

A. Performance and Payment Bonds: When Contractor delivers the signed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner the performance bond and payment bond (if the Contract requires Contractor to furnish such bonds).

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 Supplementary Conditions 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 four printed copies 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 original printed 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: 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 Progress Schedule indicating the times (numbers of days or dates) for starting and completing the various stages of the Work, including any Milestones specified in the Contract;

2. a preliminary Schedule of Submittals; and

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

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work.

2.04 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 schedules submitted in accordance with Paragraph 2.03.A. No progress payment will be made to Contractor until acceptable schedules are submitted to Engineer.

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

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

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

4. If a schedule is not acceptable, Contractor will have an additional 10 days to revise and resubmit the schedule.

2.06 Electronic Transmittals

A. Except as otherwise stated elsewhere in the Contract, the Owner, Engineer, and Contractor may send, and shall accept, Electronic Documents transmitted by Electronic Means.

B. If the Contract does not establish protocols for Electronic Means, then Owner, Engineer, and Contractor shall jointly develop such protocols.

C. Subject to any governing protocols for Electronic Means, 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.

Copyright© 2018 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved.

ARTICLE 3—CONTRACT DOCUMENTS: INTENT, REQUIREMENTS, REUSE

3.01 Intent

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

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

C. Unless otherwise stated in the Contract Documents, if there is a discrepancy between the electronic versions of the Contract Documents (including any printed copies derived from such electronic versions) and the printed record version, the printed record version will govern.

D. The Contract supersedes prior negotiations, representations, and agreements, whether written or oral.

E. Engineer will issue clarifications and interpretations of the Contract Documents as provided herein.

F. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation will be deemed stricken, and all remaining provisions will continue to be valid and binding upon Owner and Contractor, which agree that the Contract Documents will be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision.

G. Nothing in the Contract Documents creates:

1. any contractual relationship between Owner or Engineer and any Subcontractor, Supplier, or other individual or entity performing or furnishing any of the Work, for the benefit of such Subcontractor, Supplier, or other individual or entity; or

2. any obligation on the part of Owner or Engineer to pay or to see to the payment of any money due any such Subcontractor, Supplier, or other individual or entity, except as may otherwise be required by Laws and Regulations.

3.02 Reference Standards

A. Standards Specifications, Codes, Laws and Regulations

1. Reference…