Specs_IFP_TCLF_MSW_Unit_4_Cell_5_Landfill_-_Earthwork_(1).pdf

Greenville County

Twin Chimneys MSW Unit 4 Cell 5 Landfill

Earthwork

Construction Documents

Project Manual

Issued For Proposals

December 2025

HDR Project No. 10404585

12/19/25

This page intentionally left blank.

HDR Project No. 10404585 Greenville County December 2025 Twin Chimneys MSW Unit 4 Cell 5 Landfill Earthwork Issued For Proposals

TABLE OF CONTENTS

00 01 10 - 1

TABLE OF CONTENTS

DIVISION 00 — PROCUREMENT AND CONTRACTING REQUIREMENTS

00 01 01 - PROJECT MANUAL COVER

00 01 10 - TABLE OF CONTENTS

00 31 32 - GEOTECHNICAL DATA

00 42 13 - PROPOSAL FORM

00 63 36 - C942 FIELD ORDER

00 63 49 - C940 WORK CHANGE DIRECTIVE

00 63 63 - C941 CHANGE ORDER

00 65 20 - RELEASE AND WAIVER OF LIENS

00 72 13 - C700 GENERAL CONDITIONS 2018

00 73 01 - C800 SUPPLEMENTARY CONDITIONS 2018

DIVISION 01 — GENERAL REQUIREMENTS

01 14 19 - USE OF SITE

01 30 00 - SPECIAL CONDITIONS

01 33 00 - SUBMITTALS

01 35 05 - ENVIRONMENTAL PROTECTION AND SPECIAL CONTROLS

01 45 29 - TESTING LABORATORY SERVICES

01 51 05 - TEMPORARY UTILITIES

01 71 23 - FIELD ENGINEERING

01 77 19 - CLOSEOUT REQUIREMENTS

DIVISION 31 — EARTHWORK

31 10 00 - SITE CLEARING

31 23 00 - EARTHWORK

31 25 14 - EROSION CONTROL BLANKETS

31 32 19 - GEOTEXTILES

31 37 10 - GABION BASKETS

DIVISION 32 — EXTERIOR IMPROVEMENTS

32 92 13 - SEEDING

GEOTECHNICAL DATA

00 31 32 - 1

SECTION 00 31 32

GEOTECHNICAL DATA

PART 1 - GENERAL

A. These explorations and tests of subsurface conditions at the site were prepared for permitting and designing the site.

B. Subsurface Information Not Part of Contract Documents:

1. Reports or drawings are not part of the Contract Documents.

2. It shall be the CONTRACTOR's obligation to satisfy himself as to the nature, character, quality, and quantity of subsurface conditions. Any reliance upon the geotechnical information made available by the OWNER or the ENGINEER, other than the "technical data" contained in the reports shall be at the CONTRACTOR's risk. The CONTRACTOR agrees that he shall neither have nor assert against the OWNER or the ENGINEER any claim for damages for extra work or otherwise, or for relief from any obligations of this Contract based upon the failure by the OWNER or the ENGINEER to obtain or to furnish additional subsurface information or to furnish all subsurface information in the OWNER's or ENGINEER's possession or based upon any inadequacy or inaccuracy of the information furnished.

3. Certain subsurface information may be shown on separate drawings, sheets, or otherwise made available by the OWNER or ENGINEER to PROPOSERs, CONTRACTORs, and other interested parties. Neither such information nor the documents on which it may be shown shall be considered a part of the Contract Documents, such information is made available only as convenience, without expressed or implied representation, assurance, or guarantee that the information is adequate, complete, or correct, or that it represents a true picture of the subsurface conditions to be encountered, or that all pertinent subsurface information in the possession of the OWNER or ENGINEER has been furnished.

4. Any holder of Contract Documents will be permitted to make test borings, test pits, soundings, etc., within the limits of construction for this work provided they have scheduled with the Owner for the work to be performed at a mutually agreeable time. It is understood that the party or parties receiving such approval must assume all risks and liabilities contingent thereto.

PART 2 - DATA

A. Boring Logs:

1. In vicinity of work.

a. Boring logs titled PZ-## correspond with locations labeled PZ on Drawings.

Unit 4

PZ-54

PZ-56

PZ-77

END OF SECTION

PROPOSAL FORM

00 42 13 - 1

SECTION 00 42 13

PROPOSAL FORM

PROJECT IDENTIFICATION: Twin Chimneys Landfill MSW Unit 4 Cell 5 Earthwork

THIS PROPOSAL IS SUBMITTED TO: Mr. Robert Brewer, Director, Procurement Services Division, Greenville County, hereinafter referred to as OWNER.

1. PROPOSAL PRICE

A. The Base Proposal Schedule in the following section outlines all major components of the Work required to complete the project as specified. The Base Proposal Total indicated in numbers and in words at the end of the Base Proposal Schedule, shall be used for determination of the successful Proposer.

B. The Proposer is directed to Base Proposal Schedule and Measurement and Basis for Payment for a narrative description of each item in the Base Proposal Schedule.

C. The quantities outlined below represent an approximation as estimated by the Engineer. All quantities depicted in the Base Proposal Schedule, represent in-place, constructed quantities (as constructed in the proposed Work). The Proposer is responsible for verifying quantities for bidding. Engineer’s estimated quantities are provided for informational purposes only, and are not to be relied upon as the sole basis for the Proposal.

D. Lump sum line items will constitute the total payment for the Work.

E. Unit price items will be measured and payment will be for the actual quantity.

In the event the Owner desires to modify the quantity (reduce or increase) of work for one or more lump sum Proposal Schedule line items during construction, the general basis for establishing the corresponding change in contract price will be to divide the lump sum bid price by the Engineer’s estimated quantity, thereby yielding a unit price by which to modify the line item total price. Other methods for price adjustment may be considered at the Owner’s and Engineer’s discretion.

2. BASE PROPOSAL SCHEDULE

A. PROPOSER will complete the Work in accordance with the Contract Documents for the following prices:

Item

Description

Estimated

Quantity

Units

Payment

Total Cost

1. Bonds, Insurance, and Mobilization 1 LS LS $_____________

2. Construction Quality Control 1 LS LS $_____________

3. Survey and Control 1 LS LS $_____________

4. Excavation

4a Miscellaneous Soil 140,000 CY $_________/CY $_____________

4b Clay 10,000 CY $_________/CY $_____________

4c Rock 10,000 CY $_________/CY $_____________

PROPOSAL FORM

00 42 13 - 2

Item

Description

Estimated

Quantity

Units

Payment

Total Cost

5.

Temporary Sediment Basin A Decommissioning 1 EA

LS

6. Gabion Baskets 3 EA LS $_____________

7. Erosion Control Blanket 2,000 SY $_________/SY $_____________

8. Seeding 12 AC $_________/AC $_____________

TOTAL BASE PROPOSAL PRICE IN NUMBERS $

IN WORDS

3. MEASUREMENT AND BASIS FOR PAYMENT

The line items below provide further description of the Work listed in the Proposal Schedule. Some of the line items include approximate quantities as estimated by the ENGINEER. The CONTRACTOR shall not rely on the quantities given but shall instead estimate all quantities independently as required to complete the Proposal. The price associated with each Lump Sum item shall be the full compensation paid for the Work described, regardless of the ENGINEER’s or CONTRACTOR’s estimated quantity. For Lump Sum items, no claim shall be made by the CONTRACTOR for deviations between the CONTRACTOR's estimated quantity and the actual quantity required to complete the Work described.

A. Base Proposal Schedule:

1. BONDS, INSURANCE, AND MOBILIZATION: This Work shall consist of securing the appropriate bonds and insurance policies for the Project, and performance of preparatory construction operations, including the movement of personnel and equipment to the Project site, safety equipment and other facilities to begin work on a substantial phase of the Contract. Payment for this item will be made on a Lump Sum basis, wherein no measurement will be made. The Lump Sum price proposed shall be full compensation for performing the Work specified and the furnishing of all materials, labor, tools, equipment, and incidentals necessary to mobilize and subsequently demobilize.

2. CONSTRUCTION QUALITY CONTROL: This Work shall consist of all soils and material testing work required by the Contract Documents. The lump sum proposed shall be full compensation for performing the compaction testing required for the sediment basins. The soil stockpiles do not require compaction testing. Payment for this item shall be made on a lump sum basis.

3. SURVEY AND CONTROL: This Work shall consist of all survey and control work required by the Contract Documents. This includes establishment of appropriate local site benchmarks, baseline surveys, location of utilities, stakeout of elevation and positional information required to complete the construction and obtaining all survey information required to compile Record (As-Built) Drawings as required by the Contract Documents.

The lump sum proposed shall be full compensation for performing the surveying work required. Payment for this item shall be made on a lump sum basis.

4. EXCAVATION: This Work shall consist of furnishing all necessary materials, equipment, labor, and appurtenances necessary to excavate, haul, and stockpile material in the locations indicated on the drawings. The quantities for each are for planning purposes and may not reflect the actual quantity.

PROPOSAL FORM

00 42 13 - 3

a. LAY: This Work shall consist of furnishing all necessary materials, equipment, labor, and appurtenances necessary to excavate clay material from the Cell 5 area, haul, and stockpile the material in the designated area. This item is for in-place clay encountered in the excavation of Cell 5. Payment will be made on a unit price basis wherein measurement will be made by electronic survey.

b. ROCK: This Work shall consist of furnishing all necessary materials, equipment, labor, and appurtenances necessary to excavate rock encountered from within Cell 5, haul and stockpile the rock in the designated rock stockpile area. Refer to specification 31 23 00 for definition of rock. The unit price shall include equipment (rippers, hammers, etc.)

and blasting that may be necessary. This item is for in-place rock encountered in the excavation of Cell 5. Payment will be made on a unit price basis wherein measurement will be made by electronic survey.

5. TEMPORARY SEDIMENT BASIN A DECOMISSIONING: This Work shall consist of furnishing all necessary materials, equipment, labor, and appurtenances necessary to remove and salvage the skimmer and riser followed by removing a portion of the barrel then grouting the barrel with flowable fill. Payment for this item shall be made on a lump sum basis.

6. GABION BASKETS: This Work shall consist of furnishing all necessary materials, equipment, labor, and appurtenances necessary to install the gabion baskets in the locations shown on the drawings. Payment will be on a unit price basis, wherein measurement will be made.

7. EROSION CONTROL BLANKET: This Work shall consist of furnishing all necessary materials, equipment, labor, and appurtenances necessary to install erosion control blankets on disturbed slopes (not the Miscellaneous Soil Stockpile) that are outside of the Cell 5 footprint in areas directed by the engineer. Payment will be made on a unit price basis wherein measurement will be made.

8. SEEDING: This Work shall consist of furnishing all necessary materials, equipment, labor, and appurtenances necessary to provide permanent seeding on disturbed areas (i.e.

Outside of cell 5 and the Miscellaneous Soil Stockpile). Payment will be made on a unit price basis wherein measurement will be made.

4. UNIT PRICE DEVIATIONS

The PROPOSER is responsible for providing Unit Prices consistent with typical industry norms for the Work described. Unit Prices which appear inconsistent with typical prices for similar Work shall be justified by the PROPOSER at the request of the ENGINEER. Providing Unit Prices which do not reasonable reflect the Work described, either high or low, which are not justified satisfactorily to the ENGINEER, may deem the PROPOSER non-responsive and invalidate their Proposal.

5. COMPLETION

PROPOSER agrees that the Work will be substantially completed and ready for final payment in accordance with the General Conditions.

PROPOSER accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the Work within the times specified in the Agreement.

6. ATTACHED DOCUMENTS

Required Proposal Security in the form of _______________________.

7. ADDRESS FOR COMMUNICATIONS

Communications concerning this Proposal shall be addressed to:

PROPOSAL FORM

00 42 13 - 4

Contact Name: ____________________________________________

Contact Email address: _________________________________________

Contact Telephone Number: _____________________________________

SUBMITTED on ________________________________________, 20___.

If PROPOSER is:

An Individual

By_____________________________________________________ (SEAL) (Individual's name)

Doing business as:

Business address: __________________________________

A Partnership

By_____________________________________________________(SEAL) (Firm name)

(General partner)

Business address: ____________________________

PROPOSAL FORM

00 42 13 - 5

A Corporation

By_____________________________________________________ (SEAL) (Corporation name)

(State of incorporation)

By_____________________________________________________ (SEAL) (Name of person authorized to sign)

(Title)

(Corporate Seal)

Attest ________________________________________________________________________________

(Secretary)

Business address: _____________________________________________

Date of Qualification / License in South Carolina to do business is _____________________.

8. EVALUATION

Refer to the notification for the evaluation criteria and documents to submit with the proposal.

1. Responsiveness

2. Project Schedule

3. Similar Projects

4. Cost

5. Equipment

NOTE: Each joint venture must sign. The manner of signing for each individual, partnership and corporation that is a party to the joint venture should be in the manner indicated above.

EJCDC® C-942, Field Order.

Prepared and published 2013 by the Engineers Joint Contract Documents Committee.

Field Order No.

Date of Issuance: Effective Date:

Owner: Owner’s Contract No.:

Contractor: Contractor’s Project No.:

Engineer: HDR Engineering, Inc. of the Carolinas Engineer's Project No.:

Project: Twin Chimneys MSW Landfill Unit 4 Cell 5 Earthwork

Contract Name:

Contractor is hereby directed to promptly execute this Field Order, issued in accordance with General Conditions Paragraph 11.01, for minor changes in the Work without changes in Contract Price or Contract Times. If Contractor considers that a change in Contract Price or Contract Times is required, submit a Change Proposal before proceeding with this Work.

Reference:

Specification(s) Drawing(s) / Detail(s)

Description:

Attachments:

ISSUED: RECEIVED:

By: By:

Engineer (Authorized Signature) Contractor (Authorized Signature)

Title: Title:

Date: Date:

Copy to: Owner

EJCDC® C-940, Work Change Directive.

Work Change Directive No.

Owner: Owner’s Contract No.:

Contractor: Contractor’s Project No.:

Engineer: HDR Engineering, Inc. of the Carolinas Engineer's Project No.:

Project: Twin Chimneys MSW Landfill

Contractor is directed to proceed promptly with the following change(s):

Attachments: [List documents supporting change]

Purpose for Work Change Directive:

Directive to proceed promptly with the Work described herein, prior to agreeing to changes on Contract Price and Contract Time, is issued due to: [check one or both of the following]

Non-agreement on pricing of proposed change.

Necessity to proceed for schedule or other Project reasons.

Estimated Change in Contract Price and Contract Times (non-binding, preliminary):

Contract Price $ [increase] [decrease].

Contract Time days [increase] [decrease].

Basis of estimated change in Contract Price:

Lump Sum Unit Price

Cost of the Work Other

RECOMMENDED: AUTHORIZED BY: RECEIVED:

By: By: By:

Engineer (Authorized Signature) Owner (Authorized Signature) Contractor (Authorized Signature)

Title: Title: Title:

Date: Date: Date:

Approved by Funding Agency (if applicable)

By: Date:

Title:

EJCDC® C-941, Change Order.

Change Order No.

Owner: Owner's Contract No.:

Contractor: Contractor’s Project No.:

Engineer: HDR Engineering, Inc. of the Carolinas Engineer's Project No.:

Project: Twin Chimneys MSW Landfill

The Contract is modified as follows upon execution of this Change Order:

Attachments: [List documents supporting change]

CHANGE IN CONTRACT PRICE CHANGE IN CONTRACT TIMES

[note changes in Milestones if applicable]

Original Contract Price: Original Contract Times:

Substantial Completion:

$ Ready for Final Payment:

days or dates

[Increase] [Decrease] from previously approved Change Orders No. to No. :

[Increase] [Decrease] from previously approved Change Orders No. to No. :

Substantial Completion:

$ Ready for Final Payment:

days

Contract Price prior to this Change Order: Contract Times prior to this Change Order:

Substantial Completion:

$ Ready for Final Payment:

days or dates

[Increase] [Decrease] of this Change Order: [Increase] [Decrease] of this Change Order:

Substantial Completion:

$ Ready for Final Payment:

days or dates

Contract Price incorporating this Change Order: Contract Times with all approved Change Orders:

Substantial Completion:

$ Ready for Final Payment:

days or dates

RECOMMENDED: ACCEPTED: ACCEPTED:

By: By: By:

Engineer (if required) Owner (Authorized Signature) Contractor (Authorized Signature)

Title: Title

Title

Date: Date

Date

Approved by Funding Agency (if applicable)

EJCDC® C-941, Change Order.

By: Date:

RELEASE AND WAIVER OF LIENS

00 65 20 - 1

SECTION 00 65 20

RELEASE AND WAIVER OF LIENS

RELEASE AND WAIVER OF MECHANICS AND MATERIALMEN'S LIENS

FOR SUBCONTRACTORS AND

MATERIAL AND EQUIPMENT SUPPLIERS

EMPLOYED BY THE CONTRACTOR

PROJECT TITLE:

OWNER NAME:

STATE OF COUNTY OF

is

(Name) (Title) of

(Company Name) and is familiar with the facts herein stated;

That said person or Company (hereinafter referred to as subcontractor/supplier) performed work, labor, services and/or furnished material for the work as defined in the Contract Documents, as defined in the agreement between the said Owner and (hereinafter referred to as contractor) for the said project. {Name of General Contractor}

That said subcontractor/supplier, has been paid $ by the said Contractor under the terms and conditions of its contract and/or purchase orders including labor, material and equipment furnished by it through , 20 , the receipt and sufficiency of which is hereby acknowledged, the undersigned does hereby waive all liens and claims which it may have against the above project/property through the aforesaid date, and further, the undersigned represents that no other person or party has any right to a lien on the above project/property on account of any work performed or materials furnished to said subcontractor/supplier, or person, under its contract and/or purchase orders.

Dated this day of , 20 .

(Name of Subcontractor/Supplier)

By:

Subscribed and sworn to before me, the undersigned Notary Public within and for the State of and the County of this day of , 20 , in the City of .

My Commission Expires:

Notary Public within and for said County and State

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.

Guidelines Page 1 of 2

GUIDELINES FOR USE OF EJCDC® C-700,

STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT

1.0 PURPOSE AND INTENDED USE OF THE DOCUMENT

EJCDC® C-700, Standard General Conditions of the Construction Contract (2018), is the foundation document for the EJCDC Construction Series. The General Conditions define the basic rights, responsibilities, risk allocations, and contractual relationship of the Owner and Contractor, and establish how the Contract is to be administered.

2.0 OTHER DOCUMENTS

EJCDC documents are intended to be used as a system and changes in one EJCDC document may require a corresponding change in other documents. Other EJCDC documents may also serve as a reference to provide insight or guidance for the preparation of this document.

These General Conditions have been prepared for use with either EJCDC® C-520, Agreement Between Owner and Contractor for Construction Contract (Stipulated Price), or EJCDC® C-525, Agreement Between Owner and Contractor for Construction Contract (Cost-Plus-Fee) (2018 Editions). The provisions of the General Conditions and the Agreement are interrelated, and a change in one may necessitate a change in the other.

To prepare supplementary conditions that are coordinated with the General Conditions, use EJCDC® C-800, Supplementary Conditions of the Construction Contract (2018).

The full EJCDC Construction series of documents is discussed in the EJCDC® C-001, Commentary on the 2018 EJCDC Construction Documents (2018).

3.0 ORGANIZATION OF INFORMATION

All parties involved in a construction project benefit significantly from a standardized approach in the location of subject matter throughout the documents. Experience confirms the danger of addressing the same subject matter in more than one location; doing so frequently leads to confusion and unanticipated legal consequences. Careful attention should be given to the guidance provided in EJCDC® N-122/AIA® A521, Uniform Location of Subject Matter (2012 Edition) when preparing documents.

EJCDC® N-122/AIA® A521 is available at no charge from the EJCDC website, www.ejcdc.org, and from the websites of EJCDC’s sponsoring organizations.

If CSI MasterFormat™ is used for organizing the Project Manual, consult CSI MasterFormat™ for the appropriate document number (e.g., under 00 11 00, Advertisements and Invitations), and accordingly number the document and its pages.

4.0 EDITING THIS DOCUMENT

Remove these Guidelines for Use. Some users may also prefer to remove the two cover pages.

Although it is permissible to revise the Standard EJCDC Text of C-700 (the content beginning at page 1 and continuing to the end), it is common practice to leave the Standard EJCDC Text of C-700 intact and unaltered, with modifications and supplementation of C-700’s provisions set forth in EJCDC® C-800, Supplementary Conditions of the Construction Contract (2018). If the Standard Text itself is revised, the

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

Guidelines Page 2 of 2 user must comply with the terms of the License Agreement, Paragraph 4.0, Document-Specific Provisions, concerning the tracking or highlighting of revisions. The following is a summary of the relevant License Agreement provisions:

1. The term “Standard EJCDC Text” for C-700 refers to all text prepared by EJCDC in the main body of the document. Document covers, logos, footers, instructions, or copyright notices are not Standard EJCDC Text for this purpose.

2. During the drafting or negotiating process for C-700, it is important that the two contracting parties are both aware of any changes that have been made to the Standard EJCDC Text. Thus, if a draft or version of C-700 purports to be or appears to be an EJCDC document, the user must plainly show all changes to the Standard EJCDC Text, using “Track Changes” (redline/strikeout), highlighting, or other means of clearly indicating additions and deletions.

3. If C-700 has been revised or altered and is subsequently presented to third parties (such as potential bidders, grant agencies, lenders, or sureties) as an EJCDC document, then the changes to the Standard EJCDC Text must be shown, or the third parties must receive access to a version that shows the changes.

4. Once the document is ready to be finalized (and if applicable executed by the contracting parties), it is no longer necessary to continue to show changes to the Standard EJCDC Text. The user may produce a final version of the document in a format in which all changes are accepted, and the document at that point does not need to include any “Track Changes,” redline/strikeout, highlighting, or other indication of additions and deletions to the Standard EJCDC Text.

5.0 LICENSE AGREEMENT

This document is subject to the terms and conditions of the License Agreement, 2018 EJCDC® Construction Series Documents. A copy of the License Agreement was furnished at the time of purchase of this document, and is available for review at www.ejcdc.org and the websites of EJCDC’s sponsoring organizations.

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

00 72 13 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.

00 72 13 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.

00 72 13 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.

00 72 13 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.

00 72 13 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.

Page 00 72 13-1 of 70

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

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Page 00 72 13-2 of 70 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

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Page 00 72 13-3 of 70 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.

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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.

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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…