Rehab of 3105-3115 Woodpecker Court.pdf
PDF 338 KB Posted
- Solicitation number
- 274-HCD-FY26-15
- Issued by
- Wake County, Biscoe Town, North Carolina
About this file
This is a project scope of work document for the 3105-3115 Woodpecker Court Rehabilitation Project in North Carolina. The project encompasses comprehensive rehabilitation of the property with major work items including mechanical systems, plumbing, sheetrock installation, painting, roofing, and structural and foundation repairs. The document outlines the technical requirements and specifications necessary for contractors to understand the full scope of work required to complete the rehabilitation of the residential structure at the specified address.
The document establishes the baseline requirements and standards that bidding contractors must meet when submitting proposals for the rehabilitation project. Specific details regarding project timeline, submission deadlines, site visit information, pricing structures, and contract award terms would be contained within the associated solicitation documents and bid packages. Contractors interested in this opportunity should consult the primary invitation for bid or request for proposal for complete information on response deadlines, bonding requirements, insurance specifications, and any set-asides or preferences that may apply to this state and local contract opportunity.
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Request for Bids # 274-HCD-FY26-15
Title: Rehab of 3105-3115 Woodpecker Court
Issue Date: May 4, 2026
Due Date: June 5, 2026 no later than 1:00PM EST
*LATE BIDS WILL NOT BE ACCEPTED*
Issuing Department: Housing and Community Development
Direct all inquiries concerning this Bid to:
Nicholas Bambino
Redevelopment Projects Administrator Email: Nicholas.bambino@raleighnc.gov mailto:Nicholas.bambino@raleighnc.gov
Rehab of 3105-3115 Woodpecker Court Bid Timeline
Provided below is a list of the anticipated schedule of events related to this solicitation.
The City of Raleigh reserves the right to modify and/or adjust the following schedule to meet the needs of the project. All times shown are Eastern Standard Time (EST):
Bid Process Date and time
Bid Advertisement Date May 4, 2026
MANDATORY Pre-Bid Meeting May 12, 2026, at 11:00 a.m.
Deadline for Written Questions May 15, 2026
City Response to Written Questions (anticipated) May 29, 2026
Submittal Due Date and Time, Bid Opening
June 5, 2026, at 1:00 p.m.
Selection Announcement
TBD
City of Raleigh 00010-1 Table of Contents
TABLE OF CONTENTS
Document Title 00001 Timeline 00010 Table of Contents
BIDDING REQUIREMENTS
00100 Advertisement for Bids 00409 Bidder’s Checklist 00430 Bid Bond 00440 Information for Bidders Regarding Compliance with the City of Raleigh’s MWBE
Program
• Acknowledgment of MWBE Policy
• Identification of Certified MWBE Participation
• Affidavit A – Listing of Good Faith Effort
• Affidavit B - Intent to Perform Contract with Own Workforce
• Affidavit C – Portion of the Work to be Performed by Certified MWBE
Businesses
• Affidavit D – Good Faith Effort
• Affidavit E – Certified Subcontractor Payment Form
• Request to Change a Certified MWBE Subcontractor
00441 Contractor’s Certificates: Affidavit of Organization and Authority and Sworn
Statement 00442 City of Raleigh Contractor’s Poor Performance Policy 00443 Non-Collusive Affidavit 00444 Notice to Contractor Regarding Intrusion Beyond Project Limits
BIDDING REQUIREMENTS
Bid Form
Instructions to Bidders Rehabilitation Work Write-Up Drawings
CONTRACT REQUIREMENTS
00510 Notice of Award 00520 Agreement between Owner and Contractor for Construction Contract 00550 Notice to Proceed 00610 Performance Bond 00615 Payment Bond 00617 Affidavit 00618 Page for Attaching Certificate of Insurance 00620 Contractor’s Application for Payment 00625 Certificate of Substantial Completion 00634 Page for Attaching Power of Attorney 00700 Standard General Conditions of the Construction Contract (EJCDC, 2018) 00800 Supplementary Conditions
City of Raleigh 00010-2 Table of Contents
00805 Procedures for Reporting NC Sales Tax Expenditures on City of Raleigh Contracts
00810 Rules Implementing Mediated Settlement Conferences in NC Public Construction Projects
00940 Work Change Directive(s) 00941 Change Order(s) 00942 Field Order(s) 00943 NRRRF Contractor Memorandum of Understanding
END OF DOCUMENT
City of Raleigh 00100-1 Advertisement for Bids
ADVERTISEMENT FOR BIDS
POSTED: MAY 4, 2026
CITY BID NUMBER: 274-HCD-FY26-15
Project: Rehab of 3105-3115 Woodpecker Court
Owner: City of Raleigh, North Carolina, Housing and Community Development Department, 421 Fayetteville St, Suite 1200, Raleigh, NC 27601 Contact: Nicholas Bambino – Redevelopment@raleighnc.gov
Engineer: John Duncan, Triangle Construction Management Company, Inc. 2617 Winton Rd, Durham, NC 27707
Sealed Bids will be received until 1:00 pm, June 5, 2026, at 421 Fayetteville St, Suite 1200, Raleigh, NC 26701, at which time and place bids will be publicly opened and read aloud for the construction of the Rehab of 3105-3115 Woodpecker Court project.
After Bids are opened, the Owner shall evaluate them in accordance with the methods and criteria set forth in the Instructions to Bidders. The Owner/City Council reserves the right to waive any informality or to reject any or all Bids. Unless all Bids are rejected, Award will be made to the lowest responsible and responsive Bidder, taking into consideration quality, performance and the time specified in the Bid Form for the performance of the Contract.
A Mandatory Pre-Bid Meeting will be held at 11:00 am, May 12, 2026, at 3105-3115 Woodpecker Court, Raleigh, NC 27610.
Requirements for pre-bid submittals of an “or-equal” are required within [10] days of the issuance of the Advertisement for Bids and in accordance with Section 00200, Instructions to Bidders.
The Project consists generally of the following major items: mechanical, plumbing, sheetrock, painting, roofing, structural and foundation.
Bidding Documents may be examined at Engineer's office and online by emailing john@triangleconstruction.net. Complete Bidding Documents may be obtained from the engineer at no cost.
With each request for Bidding Documents supply the following information: Company name, contact person, street address, phone number, and email address for Bidding point of contact; N.
C. contractor’s license with limitation and classification; indicate if the firm will be a Prime bidder, Supplier or Sub-Contractor.
Bidders will be required to show evidence that they are licensed to perform the work in the Bidding Documents as required by North Carolina General Statute, Chapter 87 and the Instruction to Bidders.
Bid Security in the amount of five percent (5%) of the Bid must accompany each Bid and shall be subject to the conditions provided in the Instruction to Bidders.
Pursuant to General Statutes of North Carolina Sections 143-128.2 and 143-131, and in accordance with City policy, the City of Raleigh encourages and provides equal opportunity for certified Minority and Woman-Owned Business Enterprise (MWBE) businesses to participate in all aspects of the City’s contracting and procurement programs to include Professional Services;
Goods and Other Services; and Construction. The prime contractor will be required to identify participation of MWBE businesses in their Bid, and how that participation will be achieved.
mailto:john@triangleconstruction.net
City of Raleigh 00100-2 Advertisement for Bids
Furthermore, the City’s goal is to contract or sub-contract fifteen percent (15%) of the contract amount to certified MWBEs on construction projects over $300,000, or with contracts that include $100,000 or more in state funding.
City of Raleigh
Janet Cowell, Mayor
END OF DOCUMENT
| RFB #274-HCD-FY26-15 - Rehab of 3105-3115 Woodpecker Court (1).pdf |
| RFB.pdf |
| 00000 - Cover Page and Timeline |
| 00010 - Table of Contents |
| 00100 - Advertisement for Bids (2) |
| 00409 - Bidders Checklist |
| 00430 - Bid Bond Penal Sum Form |
| 00440 - MWBE Documents |
| Information for Bidders |
| Identification of MWBEs for Formal Bids |
| MWBE Affidavit A |
| AFFIDAVIT A |
| Listing of Good Faith Efforts (GFE) |
| MWBE Affidavit B |
| The Bidder hereby certifies having read and understood the City of Raleigh MWBE Policy, and affirms that it is the intent of the Bidder to perform 100% of the work required for the above-named Contract. |
| Letter of Intent |
| Request to Change MWBE Subcontractor |
| Affidavit A (Explanation) 6.15.21 |
| Solicitation Form |
| Acknowledge of MWBE Policy rev 6.2.25.pdf |
| ACKNOWLEDGMENT OF MWBE POLICY |
| [PURSUANT TO N.C.G.S. § 143-128.2] |
| 00441 - Affidavit of Organization |
| 00442 - Poor Performance Policy |
| 00443 - Non-Collusive Affidavit |
| NON-COLLUSIVE AFFIDAVIT |
| 00444 - Intrusion Beyond Project Limits |
| 00445 - Bid Form |
| 00510 - Notice of Award |
| 00520 - Agreement |
| AGREEMENT |
| INSTRUCTIONS TO CONTRACTORS AND |
| REQUIREMENTS AS TO FORM FOR CITY OF RALEIGH, NC AGREEMENTS |
| DO NOT REMOVE FROM AGREEMENT |
| Article 1 – Work |
| Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: |
| [briefly describe significant aspects of the project – similar to 00100. Include add alternates selected in the bidding/award process] |
| Article 2 – The Project |
| The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: [Complete name of project] |
| Article 3 – Engineer |
| The Project has been designed by [Engineering Consultant Name] (Engineer), which is to act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connectio... |
| The Project has been designed by [Engineering Consultant Name]. However [Third Party Engineering Consultant Name] shall act as Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in th... |
| The Project has been designed by [Engineering Consultant Name]. However, the Owner shall act as the Engineer and Resident Project Representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Con... |
| The Project has been designed by the Owner which is to act as the Engineer and Resident Project Representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in connection with... |
| The Project has been designed by the Owner. However [Engineering Consultant Name] shall act as the Owner’s representative, assume all duties and responsibilities, and have the rights and authority assigned to Engineer in the Contract Documents in conn... |
| Article 5 – Contract Price |
| 5.01 Owner shall pay Contractor for completion of the Work in accordance with the Contract Documents an amount in current funds equal to the sum of the amounts determined pursuant to Paragraphs 5.01.A, 5.01.B, 5.01.C, and 5.01 D below: |
| The Contract Price shall not exceed the Total Contract amount of [insert written out Contract Price here] Dollars [$insert Contract Price in numerical form here] unless changed by a duly authorized amendment or change order. |
| 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. |
| D. For the Lump Sum for the following work items: |
| E. For the following Alternates as selected by the Owner for inclusion in the Project as follows: |
| F. For all Unit Price Work, an amount equal to the sum of the established unit price for each separately identified item of Unit Price Work times the actual quantity of that item: |
| G. For all Work, at the prices stated in Contractor’s Bid, attached hereto as an exhibit. |
| Article 6 – 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 account of the Contract Price on the basis of Contractor’s Applications for Payment on or about the [25th] day of each month during performance of the Work as provided in Paragraph 6.02.A.1 below. All such paym... |
| 1. Prior to Final Completion, progress payments will be made in an amount equal to the percentage indicated in the Supplemental Conditions but, in each case, less the aggregate of payments previously made and less such amounts as Engineer may determin... |
| 6.03 Final Payment |
| A. Upon final completion and acceptance of the Work in accordance with Paragraph 15.06 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 15.06. |
| Article 7 – Interest |
| 7.01 Once a Progress or Final Payment Application has been submitted by the contractor, recommended by the Engineer, and Approved by the Owner, if payment is not made, the Contractor will be due interest beginning on the 46th day following Owner accep... |
| Article 8 – Contractor’s Representations |
| 8.01 In order to induce Owner to enter into this Agreement, Contractor makes the following representations: |
| A. Contractor has examined and carefully studied the Contract Documents and the other related data identified in the Bidding Documents. |
| B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. |
| C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. |
| D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or contiguous to the Site and all drawings of physical conditions relating to existing surface or subsurface structures at the Site (except Unde... |
| E. Contractor has considered the information known to Contractor; 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 Site... |
| F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor does not consider that further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Cont... |
| G. 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. |
| H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is acceptable to Contractor. |
| I. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. |
| Article 9 – Contract Documents |
| 9.01 Contents |
| A. The Contract Documents consist of the following (as attached to this Agreement): |
| 1. This Agreement (pages 00520-1 to 00520- , inclusive). |
| 2. Performance bond (pages 00610-1 to 00610- , inclusive). |
| 3. Payment bond (pages 00615-1 to 00615- , inclusive). |
| 1. Affidavit (page 00617) |
| 4. Certificate of Insurance (pages 00618-1 to 00618- , inclusive). |
| 5. General Conditions (pages 00700-1 to 00700- , inclusive). |
| 6. Supplementary Conditions (pages 00800-1 to 00800- , inclusive). |
| 2. Specifications as listed in the table of contents (pages 00010-1 to 00010- ) of the Project Manual. |
| 3. Drawings consisting of [number of drawing sheets] sheets with each sheet bearing the following general title: [Project sheet title]. |
| 4. Addenda as follows: [1 through xx or N/A] |
| 5. Exhibits to this Agreement (enumerated as follows): |
| a. Contractor’s Bid (Sections 00410 and 00430). |
| b. Documentation submitted by Contractor prior to Notice of Award (City of Raleigh Bid Documentation; Sections 00440, 00441, 00442, 00443, and 00444). |
| c. Notice of Award (Section 00510). |
| 6. The following which may be delivered or issued on or after the Effective Date of the Agreement and are not attached hereto: |
| a. Notice to Proceed (Section 00550). |
| b. Work Change Directives (Section 00940). |
| c. Change Orders (Section 00941). |
| d. Field Orders (Section 00942). |
| e. Warranty Bonds, if any. |
| B. The documents listed in Paragraph 9.01.A are part of this Agreement, and if not physically attached, are incorporated fully to this Agreement by reference (except as expressly noted otherwise above). |
| C. There are no Contract Documents other than those listed above in this Article 9. |
| D. The Contract Documents may only be amended, modified, or supplemented as provided in the Contract. |
| Article 10 – Miscellaneous |
| 10.01 Terms |
| A. Terms used in this Agreement will have the meanings stated in the General Conditions and the Supplementary Conditions. |
| 10.02 Assignment of Contract |
| A. No assignment by a party hereto of any rights under or interests in the Contract will be binding on another party hereto without the written consent of the party sought to be bound; and, specifically but without limitation, moneys that may become d... |
| 10.03 Successors and Assigns |
| A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants, agreements, and obligations co... |
| 10.04 Severability |
| A. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon Owner and Contractor, who agree that the... |
| 10.05 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 10.05: |
| 1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing 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... |
| 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. |
| 10.06 Right to Audit Clause |
| A. Contractor’s, subcontractors’ and sub-subcontractors’ "records" shall upon reasonable notice be open to inspection and subject to audit and/or reproduction during normal business working hours. Such audits may be performed by a City's representati... |
| B. Such records shall include (hard copy, as well as computer readable data if it can be made available): written policies and procedures; time sheets; payroll registers; payroll records; cancelled payroll checks; subcontract files (including proposa... |
| 1. Compliance with Contract requirements for deliverables; |
| 2. Compliance with Construction Documents; |
| 3. Compliance with City's business ethics expectations; |
| 4. Compliance with Contract provisions regarding the pricing of Change Orders; |
| 5. Accuracy of Contractor representations regarding the pricing of invoices; or |
| 6. Accuracy of Contractor representations related to claims submitted by the Contractor or any of its payees. |
| C. Contractor shall require all payees (examples of payees include subcontractors, material suppliers, insurance carriers, etc.) to comply with the provisions of this article by including the requirements hereof in a written contract agreement between... |
| D. City's authorized representative or designee shall have reasonable access to the Contractor's facilities, shall be allowed to interview all current or former employees to discuss matters pertinent to the performance of this Contract and shall be pr... |
| E. If an audit, inspection or examination in accordance with this article, discloses overpricing or overcharges (of any nature) by the Contractor to the City in excess of one percent (1%) of the total contract billings, in addition to making adjustmen... |
| F. The Contractor agrees to maintain all information pertaining to billing for services performed under this Contract in accordance with state law for public records. The Contractor shall afford the City access to these records for audit at such inte... |
| G. The rights established under this section shall survive the expiration or termination of this Contract, and shall not be deleted, circumvented, limited, confined, or restricted by contract or any other section, clause, addendum, attachment or subse... |
| 10.07 Iran Divestment Act Certification |
| A. Contractor certifies that, as of the date listed below, it is not on the Final Divestment List as created by the State Treasurer pursuant to N.C.G.S. § 147-86.55, et seq. In compliance with the requirements of the Iran Divestment Act and N.C.G.S. §... |
| 10.08 E – Verify |
| A. Contractor shall comply with E-Verify, the federal E-Verify program operated by the United States Department of Homeland Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hire... |
| 10.09 Companies Boycotting Israel Divestment Act Certification |
| A. Contractor certifies that it has not been designated by the North Carolina State Treasurer as a company engaged in the boycott of Israel pursuant to N.C.G.S. 147-86.81. |
| 10.10 Applicability of North Carolina Public Records Law |
| 10.11 Notwithstanding any other provisions of this Contract, this Contract and all materials submitted to the City by the Contractor are subject to the public records laws of the State of North Carolina and it is the responsibility of the Contractor t... |
| 00550 - Notice of Agreement |
| 00610 - Performance Bond |
| 5.4.1 After investigation, determine the amount for which it may be liable to the Owner and, as soon as practicable after the amount is determined, make payment to the Owner; or |
| 00615 - Payment Bond |
| 00617 - Affidavit |
| AFFIDAVIT |
| 00618 - Certificate of Insurance |
| 00620 - Application for Payment with City WMBE |
| Summary |
| 00625 - Certificate of Significant Completion |
| 00634 - Power of Attorney |
| STATE OF NORTH CAROLINA |
| COUNTY OF |
| STATE OF NORTH CAROLINA |
| COUNTY OF |
| STATE OF NORTH CAROLINA |
| COUNTY OF |
| 00700 - General Conditions EJCDC |
| 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 specificall... |
| 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 Ef... |
| 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 re... |
| 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 ... |
| 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 Eng... |
| 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 paym... |
| 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 whatsoe... |
| 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 s... |
| 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 o... |
| 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 juris... |
| 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 Docum... |
| 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 Representa... |
| 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, wheth... |
| 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... |
| 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 i... |
| 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 Documen... |
| 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 ... |
| 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 borin... |
| 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 fa... |
| 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 ... |
| 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. |
| 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, t... |
| 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 ope... |
| 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 ... |
| 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... |
| 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, endors... |
| 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 Co... |
| 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 ... |
| 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 versi... |
| 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 into component parts in sufficient detail to serve as the basis for progre... |
| 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 ... |
| 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 ... |
| 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 payme... |
| 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, sc... |
| 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 Document... |
| 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 ... |
| 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... |
| 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 in the Contract Documents to standard specifications, manuals, reference standards, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, means th... |
| 2. No provision of any such standard specification, manual, reference standard, or code, and no instruction of a Supplier, will be effective to change the duties or responsibilities of Owner, Contractor, or Engineer from those set forth in the part of... |
| 3.03 Reporting and Resolving Discrepancies |
| A. Reporting Discrepancies |
| 1. Contractor’s Verification of Figures and Field Measurements: Before undertaking each part of the Work, Contractor shall carefully study the Contract Documents, and check and verify pertinent figures and dimensions therein, particularly with respect... |
| 2. Contractor’s Review of Contract Documents: If, before or during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents, or between the Contract Documents and (a) any applicable... |
| 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof. |
| B. Resolving Discrepancies |
| 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the part of the Contract Documents prepared by or for Engineer take precedence in resolving any conflict, error, ambiguity, or discrepancy between such prov... |
| a. the provisions of any standard specification, manual, reference standard, or code, or the instruction of any Supplier (whether or not specifically incorporated by reference as a Contract Document); or |
| b. the provisions of any Laws or Regulations applicable to the performance of the Work (unless such an interpretation of the provisions of the Contract Documents would result in violation of such Law or Regulation). |
| 3.04 Requirements of the Contract Documents |
| A. During the performance of the Work and until final payment, Contractor and Owner shall submit to the Engineer in writing all matters in question concerning the requirements of the Contract Documents (sometimes referred to as requests for informatio... |
| B. Engineer will, with reasonable promptness, render a written clarification, interpretation, or decision on the issue submitted, or initiate an amendment or supplement to the Contract Documents. Engineer’s written clarification, interpretation, or de... |
| C. If a submitted matter in question concerns terms and conditions of the Contract Documents that do not involve (1) the performance or acceptability of the Work under the Contract Documents, (2) the design (as set forth in the Drawings, Specification... |
| 3.05 Reuse of Documents |
| A. Contractor and its Subcontractors and Suppliers shall not: |
| 1. have or acquire any title to or ownership rights in any of the Drawings, Specifications, or other documents (or copies of any thereof) prepared by or bearing the seal of Engineer or its consultants, including electronic media versions, or reuse any... |
| 2. have or acquire any title or ownership rights in any other Contract Documents, reuse any such Contract Documents for any purpose without Owner’s express written consent, or violate any copyrights pertaining to such Contract Documents. |
B. The prohibitions of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein precludes Contractor from retaining copies of the Contract Documents for record purposes.
| Article 4—Commencement and Progress of the Work |
| 4.01 Commencement of Contract Times; Notice to Proceed |
| A. The Contract Times will commence to run on the 30th day after the Effective Date of the Contract or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice to Proceed may be given at any time within 30 days after t... |
| 4.02 Starting the Work |
| A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work may be done at the Site prior to such date. |
| 4.03 Reference Points |
| A. Owner shall provide engineering surveys to establish reference points for construction which in Engineer’s judgment are necessary to enable Contractor to proceed with the Work. Contractor shall be responsible for laying out the Work, shall protect ... |
| 4.04 Progress Schedule |
| A. Contractor shall adhere to the Progress Schedule established in accordance with Paragraph 2.05 as it may be adjusted from time to time as provided below. |
| 1. Contractor shall submit to Engineer for acceptance (to the extent indicated in Paragraph 2.05) proposed adjustments in the Progress Schedule that will not result in changing the Contract Times. |
| 2. Proposed adjustments in the Progress Schedule that will change the Contract Times must be submitted in accordance with the requirements of Article 11. |
B. Contractor shall carry on the Work and adhere to the Progress Schedule during all disputes or disagreements with Owner. No Work will be delayed or postponed pending resolution of any disputes or disagreements, or during any appeal process, except a...
| 4.05 Delays in Contractor’s Progress |
| A. If Owner, Engineer, or anyone for whom Owner is responsible, delays, disrupts, or interferes with the performance or progress of the Work, then Contractor shall be entitled to an equitable adjustment in Contract Price or Contract Times. |
| B. Contractor shall not be entitled to an adjustment in Contract Price or Contract Times for delay, disruption, or interference caused by or within the control of Contractor. Delay, disruption, and interference attributable to and within the control o... |
| C. If Contractor’s performance or progress is delayed, disrupted, or interfered with by unanticipated causes not the fault of and beyond the control of Owner, Contractor, and those for which they are responsible, then Contractor shall be entitled to a... |
| 1. Severe and unavoidable natural catastrophes such as fires, floods, epidemics, and earthquakes; |
| 2. Abnormal weather conditions; |
| 3. Acts or failures to act of third-party utility owners or other third-party entities (other than those third-party utility owners or other third-party entities performing other work at or adjacent to the Site as arranged by or under contract with Ow... |
| 4. Acts of war or terrorism. |
| D. Contractor’s entitlement to an adjustment of Contract Times or Contract Price is limited as follows: |
| 1. Contractor’s entitlement to an adjustment of the Contract Times is conditioned on the delay, disruption, or interference adversely affecting an activity on the critical path to completion of the Work, as of the time of the delay, disruption, or int... |
| 2. Contractor shall not be entitled to an adjustment in Contract Price for any delay, disruption, or interference if such delay is concurrent with a delay, disruption, or interference caused by or within the control of Contractor. Such a concurrent de... |
| 3. Adjustments of Contract Times or Contract Price are subject to the provisions of Article 11. |
| E. Each Contractor request or Change Proposal seeking an increase in Contract Times or Contract Price must be supplemented by supporting data that sets forth in detail the following: |
| 1. The circumstances that form the basis for the requested adjustment; |
| 2. The date upon which each cause of delay, disruption, or interference began to affect the progress of the Work; |
| 3. The date upon which each cause of delay, disruption, or interference ceased to affect the progress of the Work; |
| 4. The number of days’ increase in Contract Times claimed as a consequence of each such cause of delay, disruption, or interference; and |
| 5. The impact on Contract Price, in accordance with the provisions of Paragraph 11.07. |
| F. Delays, disruption, and interference to the performance or progress of the Work resulting from the existence of a differing subsurface or physical condition, an Underground Facility that was not shown or indicated by the Contract Documents, or not ... |
| G. Paragraph 8.03 addresses delays, disruption, and interference to the performance or progress of the Work resulting from the performance of certain other work at or adjacent to the Site. |
| Article 5—Site; Subsurface and Physical Conditions; Hazardous Environmental Conditions |
| 5.01 Availability of Lands |
| A. Owner shall furnish the Site. Owner shall notify Contractor in writing of any encumbrances or restrictions not of general application but specifically related to use of the Site with which Contractor must comply in performing the Work. |
| B. Upon reasonable written request, Owner shall furnish Contractor with a current statement of record legal title and legal description of the lands upon which permanent improvements are to be made and Owner’s interest therein as necessary for giving ... |
| C. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment. |
| 5.02 Use of Site and Other Areas |
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