Lagoon Dredging and Dewatering Project #21WT-04

Project Manual Lagoon Dredging and Dewatering Project #21WT-04 SUA Bid No. 22-22/23 Dredging, Dewatering and Disposal of Lagoon Residuals at the Stillwater WTP Issued For Bid: 5/13/23 Bids Open: 6/7/23 Prepared By: Stillwater Utilities Authority PO Box 1449 Stillwater, OK 74076 phone: 405-742-8325 fax: 405-742-8324 CERTIFICATE OF AUTHORIZATION NO. 3907 EXPIRES: JUNE 30, 2024 This page intentionally left blank. Notice to Bidders i Notice to Bidders May 13, 2023 Notice is hereby given that the City of Stillwater/Stillwater Utilities Authority will receive sealed bids for the construction of: Lagoon Dredging and Dewatering Project #21WT04 SUA Bid No. 22-22/23 Scope of work to primarily include the following: Dredging, dewatering, and disposal of lagoon residuals at the Stillwater Water Treatment Plant. Bids will be received in Office of the City Clerk at 723 S. Lewis Street, Room 1075, Stillwater Oklahoma 74074 until 3:00 PM on Wednesday June 7, 2023. Sealed Bids can also be mailed to

the City Clerk at P.O. Box 1449, Stillwater, Oklahoma, 74076 as long as they are received by the date and time referenced above. Bids shall be opened and read aloud at the above stated time for receipt of bids. Bid opening will occur in Room 1112 "B" of the Municipal Building, 723 South Lewis, Stillwater, Oklahoma, 74074. Bids shall be submitted as stated in the Instructions to Bidders. Any bid received by the City Clerk more than ninety-six (96) hours, excluding Saturdays, Sundays and holidays, before the time set for the opening of bids, or any bid so received after the time set for opening of bids, shall not be considered and shall be returned unopened to the bidder submitting same. Bids will be referred to city staff for evaluation. The City Council may award to the "lowest and best responsible bidder". The Council reserves the right to reject any or all bids or portions thereof and to waive any technicalities in the bidding process. No bid may be altered, withdrawn, or resubmitted within 45 days after the date set for the opening of bids. The documents describing the requirements for this request for bids are available for free at: http://stillwater.org/rfp. Questions regarding the bid package should be directed to David Barth, P.E. at david.barth@stillwater.org and Erika Cooper at ecooper@carollo.com. Department of City Engineering 723 S. Lewis Street/P.O. Box 1449 Office: 405-742-8325 Web: Stillwater.org http://stillwater.org/rfp mailto:david.barth@stillwater.org mailto:ecooper@carollo.com Notice to Bidders ii Each bidder is required to submit with their bid a guarantee in the form of an acceptable bidder's bond, a certified check, or a cashier's check on a solvent bank in the state of Oklahoma, and in the amount of not less than five percent (5%) of the amount bid. The successful bidder shall execute a contract within 14 days of notice of award by the city. The successful bidder shall file a performance bond, maintenance bond, statutory bond and certificates of insurance in the statutory amounts for public liability and workers compensation insurance at the time of signing the contract. Any agreement entered into as a result of this invitation to bid shall be construed under the laws of the State of Oklahoma, and the venue for enforcement of the agreement shall be the State of Oklahoma. The City may issue addenda as may be necessary in the best interest of the public and the City of Stillwater. Addenda may amend the date and/or time for receipt of bids or any specification, item, document, or requirement in the Bidding Documents upon notice to all prospective bidders who signed the sign-in sheet at the Pre-Bid Conference. A MANDATORY pre-bid conference will be held at 2:00 PM on Tuesday May 23, 2023, at the Stillwater Water Treatment Plant, 1022 Yost Road, Stillwater, Oklahoma. Anyone that intends to submit a bid is REQUIRED to attend this meeting. Teresa Kadavy City Clerk TABLE OF CONTENTS Table of Contents TOC-1 Cover Notice to Bidders ............................................................................................................ i-ii Table of Contents ....................................................................................................TOC-1 Contract Documents A. Agreement ..................................................................................... A-1 through A-8 B. Construction Contract Bonds ......................................................... B-1 through B-8 Performance Bond Form Statutory Bond Form Maintenance Bond Form C. Standard General Conditions of the Construction Contract ......... C-1 through C-44 D. Supplementary Conditions ............................................................ D-1 through D-2 E. Special Provisions ......................................................................... E-1 through E-8 F. Technical Specifications Standard Technical Specifications .......(City of Stillwater Standards, Separate) Supplemental Technical Specifications ............................................ (Separate) Drawings ............................................................................................... (Separate) Bidding Instructions G. Instruction to Bidders .................................................................... G-1 through G-8 H. List of Documents Required ............................................................................. H-1 Bidding Documents I. Signature and Submission Requirements ........................................ I-1 through I-3 J. Bid Form ......................................................................................... J-1 through J-8 Addenda K. Bid Bond Form ............................................................................... K-1 through K-2 L. Business Relationship Affidavit Form ................................................................ L-1 M. Non-Collusion Affidavit Form ............................................................................ M-1 N. Certificate of Nondiscrimination Form ............................................................... N-1 Certificates of Insurance O. Qualifications Statement ............................................................. O-1 through O-10 P. Notice of No Bid Form ....................................................................................... P-1 Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modifed by Permission. A-1 AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________ AMERICAN COUNCIL OF ENGINEERING COMPANIES ___________________ AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by Permission. A-2 EJCDC AGREEMENT BETWEEN OWNER AND CONTRACTOR FOR CONSTRUCTION CONTRACT THIS AGREEMENT is by and between City of Stillwater, Oklahoma/Stillwater Utilities Authority (Owner) and (Contractor). OWNER and CONTRACTOR, in consideration of the mutual covenants set forth herein, agree as follows: ARTICLE 1 - WORK 1.01 Contractor shall complete all Work as specified or indicated in the Contract Documents. The Work is generally described as follows: The Base Bid scope of work of this Contract consists of dredging, dewatering, hauling and disposal as agricultural lime of material from the Residuals Lagoons L1001B, L1001C, L1001 D, L1001E and L1001F at the Stillwater Water Treatment Plant (Stillwater WTP) in accordance with the approved Residuals Management Plan provided in Specification Section 02250 - Dredging, Dewatering, and Disposal of Water Treatment Plant Residuals. Dredging, dewatering, hauling and disposal as agricultural lime of material from Residuals Lagoons L1001B through L1001F as certified agricultural lime at a Contractor’s designed site is included as an alternate bid item. Alternate work hours (24-hours per day, 7 days per week) from those included in Specification Section 02250 - Dredging, Dewatering, and Disposal of Water Treatment Plant Residual is included as an alternate bid item. ARTICLE 2 - THE PROJECT 2.01 The Project for which the Work under the Contract Documents may be the whole or only a part is generally described as follows: Dredging, dewatering, and disposal of lagoon residuals at the Stillwater Water Treatment Plant. ARTICLE 3 - ENGINEER 3.01 The Project has been designed by Carollo Engineers, Inc. (Engineer) who 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 connection with the completion of the Work in accordance with the Contract Documents. ARTICLE 4 - CONTRACT TIMES 4.01 Time of the Essence A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for final payment as stated in the Contract Documents are of the essence of the Contract. 4.02 Days to Achieve Substantial Completion and Final Payment A. The Work will be substantially completed as provided in the General Conditions and Special Provisions, and completed and ready for final payment in accordance with the General Conditions and Special Provisions. 4.03 Liquidated Damages A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will suffer financial loss if the Work is not completed within the times specified in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by Permission. A-3 Contractor shall pay Owner as specified in the Special Provisions for each day that expires after the time specified in Paragraph 4.02 for Substantial Completion until the Work is substantially complete. After Substantial Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay Owner as specified in the Special Provisions for each day that expires after the time specified in Paragraph 4.02 for completion and readiness for final payment until the Work is completed and ready for final payment. 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 Paragraph 5.01.A below: A. For all Work, at the prices stated in the Contractor’s Bid, attached hereto as an exhibit and summarized below: $__________________________________________________________($_______________) ARTICLE 6 - PAYMENT PROCEDURES 6.01 Submittal and Processing of Payments A. Contractor shall submit Applications for Payment in accordance with Article 14 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 same day of each month during performance of the Work as provided in Paragraphs 6.02.A.1 and 6.02.A.2 below. All such payments will be measured by the schedule of values established as provided in Paragraph 2.07.A of the General Conditions (and in the case of Unit Price Work based on the number of units completed) or, in the event there is no schedule of values, as provided in the General Requirements. Five (5) percent of each partial payment will be withheld as retainage. When the work of the Contractor has been determined by the Owner to be at least 50 percent complete, the retainage amount will be reduced to 2.5 percent of the partial payment. 6.03 Final Payment 1. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the General Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in said Paragraph 14.07. ARTICLE 7 - INTEREST 7.01 All moneys not paid when due as provided in Article 14 of the General Conditions shall bear interest at the rate of three-fourths of one percent (0.0075) percent per month with the following provisions: 7.02 Lump Sum Contract: The interest shall commence thirty (30) days after the work under the contract has been completed and accepted and all required material certifications and other documentation required by the contract has been furnished to Owner by Contractor and shall run until the final payment or estimate is remitted to Contractor. When contract quantities or the final payment amount is in dispute, the interest bearing period shall be suspended until the settlement of the dispute. 7.03 Contracts Bid by Unit Price: The interest shall commence sixty (60) days after the work under the contract has been completed and accepted and all required material certifications and other documentation required of the Contractor has been furnished to Owner by Contractor and shall run until the final payment or estimate is remitted to Contractor. When contract quantities or the final payment amount is in dispute, the interest bearing period shall be suspended until the settlement of the dispute. Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by Permission. A-4 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 in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site which has been identified in the Supplementary Conditions as provided in Paragraph 4.06 of the General Conditions. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. 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 correlated the information known to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given Owner and Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by Owner and Engineer is acceptable to Contractor. J. 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: 1. This Agreement (pages A-1 to A-8, inclusive). 2. Performance bond (pages B-1 to B-4, inclusive). 3. Statutory bond (pages B-5 to B-6, inclusive). 4. Maintenance bond (pages B-7 to B-8, inclusive). Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by Permission. A-5 5. Standard General Conditions (pages C-1 to C-42, inclusive). 6. Supplementary Conditions (pages D-1 to D-2, inclusive). 7. Special Provisions (pages E-1 to E-8, and Exhibits 1 to 3, inclusive). 8. Supplementary Specifications (pages 1 to 236, inclusive). 9. Drawings consisting of 14 sheets with each sheet bearing the following general title: Lagoon Dredging and Dewatering. 10. The most recent version of the City of Stillwater Standards (Design and Construction) are incorporated herein as if fully set forth and are on file with the City of Stillwater (723 South Lewis, Stillwater, Oklahoma 74076) or available through accessing the City’s website. Not attached to the Agreement. 11. Addenda (numbers to , inclusive). 12. Exhibits to this Agreement (enumerated as follows): a. List of Documents Required (page H-1, inclusive). b. Signature and Submission Requirements for Bidding Documents (pages I-1 to I-3, inclusive). c. Bid Form (pages J-1 to J-8, inclusive). d. Bid Bond (pages K-1 to K-2, inclusive). e. Documentation submitted by Contractor prior to Notice of Award (pages to , inclusive). f. Business Relationships Affidavit (page L-1, inclusive). g. Non-Collusion Affidavit (pages M-1 to M-2, inclusive). h. Certificate of Nondiscrimination Form (page N-1, inclusive). i. Qualification Statement (pages O-1 through O-10, inclusive). j. Certificates of Insurance. 13. 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 (pages to , inclusive). b. Work Change Directives. c. Change Orders. B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly noted otherwise above). C. There are no Contract Documents other than those listed above in this Article 9. D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph 3.04 of the General Conditions. ARTICLE 10 - MISCELLANEOUS Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by Permission. A-6 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 due and moneys that are due may not be assigned without such consent (except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from any duty or responsibility under the Contract Documents. 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 contained in the Contract Documents. 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 Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provision. 10.05 Other Provisions A. None. Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by Permission. A-7 IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or identified by Owner and Contractor or on their behalf. This Agreement will be effective on , (which is the Effective Date of the Agreement). OWNER: City of Stillwater, Oklahoma/Stillwater Utilities Authority By: Name/Title: City Manager/General Manager Address for giving notices: PO Box 1449 Stillwater, OK 74076 APPROVED AS TO FORM AND LEGALITY THIS DAY OF , 20 . KIMBERLY CARNLEY - City Attorney CONTRACTOR: By: Name/Title: [CORPORATE SEAL] Attest: Title: Address for giving notices: License Number: (where applicable) Agent for service or process: (If Contractor is a corporation or a partnership, attach evidence of authority to sign.) Based On EJCDC C-520 Agreement Between Owner and Contractor for Construction Contract Copyright 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by Permission. A-8 This page intentionally left blank. Performance Bond Form B-1 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS: That on this _________ day of ___________________________, 20_________, we,_____________________________________________________ as Principal, and _____________________________________________________________ as Surety, a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business in the State of Oklahoma, are held and firmly bound unto the CITY OF STILLWATER, a municipal corporation/STILLWATER UTILITIES AUTHORITY, a public trust, established under the constitution and laws of the State of Oklahoma, in the penal sum of ($ ), in lawful money of the United States of America, such sum being equal to one hundred percent (100%) of the contract price as set forth herein, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said Principal has entered into a written contract with the City of Stillwater/Stillwater Utilities Authority for the construction of Dredging, dewatering, and disposal of lagoon residuals at the Stillwater Water Treatment Plant (general nature of work), said project being specifically titled Project No. 21WT04 – Lagoon Dredging and Dewatering, SUA Bid No. 22-22/23 reference to which is made here, and said contract, plans, specifications and all attachments or appendices thereto, are hereby incorporated by reference thereto and made a part of this instrument. If said Principal shall, fully and faithfully execute the work and perform said contract in full accordance with its terms, conditions and covenants of said contract, plans, specifications and all attachments or appendices thereto, this obligation shall become null and void; otherwise it shall remain in full force and effect. Performance Bond Form B-2 Surety hereby waives notice of any alteration or extension of time made by the City of Stillwater/Stillwater Utilities Authority. Whenever Contractor shall be, and declared by the City of Stillwater/Stillwater Utilities Authority to be in default under the contract, the City having performed City's obligations thereunder, the Surety may promptly remedy the default, or shall promptly (1) Complete the contract in accordance with its terms and conditions, or (2) Obtain a bid or bids for completing the contract in strict accordance with its terms and conditions, and upon determination by Surety, of the lowest responsible bidder, or, if the City of Stillwater/Stillwater Utilities Authority elects, upon determination by the City and the Surety jointly of the lowest responsible bidder, arrange for a contract between such bidder and City, and make available as work progresses (even though there should be a default or a succession of defaults under the contract or contracts of completion arranged under this paragraph) sufficient funds to pay the cost of completion less the balance of the contract price; but not exceeding, including other costs and damages for which the Surety may be liable hereunder, the amount set forth in the first paragraph hereof. The term "balance of the contract price," as used in this paragraph, shall mean the total amount payable by the City of Stillwater/Stillwater Utilities Authority to Contractor under the contract and any amendments thereto, less the amount properly paid by City to Contractor. No right of action shall accrue on this bond to or for the use of any person or corporation other than the City of Stillwater/Stillwater Utilities Authority named herein or the heirs, executors, administrators or successors of the City. It is further expressly agreed and understood by the parties hereto that no changes or alterations to said contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the Surety, or any of them, from the obligations of this bond. Performance Bond Form B-3 IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its duly authorized officer, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized so to do, the day and year first above written. PRINCIPAL ATTEST: ___________________________________ (name) ________________________________ ___________________________________ Secretary (authorized representative/title) SURETY ___________________________________ (name) ___________________________________ Attorney-in-Fact (Accompany this bond with Attorney-in-fact's Authority from the Surety Company certified to include the date of the bond.) Performance Bond Form B-4 This page intentionally left blank. Statutory Bond Form B-5 STATUTORY BOND KNOW ALL MEN BY THESE PRESENTS: That on this _________ day of ___________________________, 20_________, We,_____________________________________________________ as Principal, and _____________________________________________________________ as Surety, a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business in the State of Oklahoma, are held and firmly bound unto the CITY OF STILLWATER, a municipal corporation/STILLWATER UTILITIES AUTHORITY, a public trust, established under the constitution and laws of the State of Oklahoma, in the penal sum of ($ ), in lawful money of the United States of America, such sum being equal to one hundred percent (100%) of the contract price as set forth herein, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said Principal has entered into a written contract with the City of Stillwater/Stillwater Utilities Authority for the construction of Dredging, dewatering, and disposal of lagoon residuals at the Stillwater Water Treatment Plant (general nature of work), said project being specifically titled Project No. 21WT04 – Lagoon Dredging and Dewatering, SUA Bid No. 22-22/23 reference to which is made here, and said contract, plans, specifications and all attachments or appendices thereto, are hereby incorporated by reference thereto and made a part of this instrument. If said Principal shall fail or neglect to pay all indebtedness incurred by said Principal or Subcontractors and or Suppliers of said Principal who perform work in the performance of such contract, for labor and materials, rental of machinery and equipment, and repairs to and parts for equipment used and consumed in the performance of said contract within Statutory Bond Form B-6 thirty (30) days after the same becomes due and payable, the person, firm or corporation entitled thereto may sue and recover on this bond, the amount so due and unpaid. Should said Principal pay all such indebtedness, this obligation shall become null and void; otherwise, it shall remain in full force and effect. It is further expressly agreed and understood by the parties hereto that no changes or alterations to said contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the Surety, or any of them, from the obligations of this bond. IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its duly authorized officers, and the said Surety has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed by its Attorney-in-Fact, duly authorized thereunto so to do, the day and year first above written. PRINCIPAL ATTEST: ___________________________________ (name) ________________________________ ___________________________________ Secretary (authorized representative/title) SURETY ___________________________________ (name) ___________________________________ Attorney-in-Fact (Accompany this bond with Attorney-in-fact's Authority from the Surety Company certified to include the date of the bond.) Maintenance Bond Form B-7 MAINTENANCE BOND KNOW ALL MEN BY THESE PRESENTS: That on this _________ day of ___________________________, 20_________, we,_____________________________________________________ as Principal, and _____________________________________________________________ as Surety, a corporation organized and existing under the laws of the State of _________________, and duly authorized to transact business in the State of Oklahoma, are held and firmly bound unto the CITY OF STILLWATER, a municipal corporation/STILLWATER UTILITIES AUTHORITY, a public trust, established under the constitution and laws of the State of Oklahoma, in the penal sum of ($ ), in lawful money of the United States of America, such sum being equal to one hundred percent (100%) of the contract price as set forth herein, well and truly to be made, we bind ourselves and each of us, our heirs, executors, administrators, trustees, successors, and assigns, jointly and severally, firmly by these presents: THE CONDITION OF THE FOREGOING OBLIGATION IS SUCH THAT WHEREAS, said Principal has, pursuant to a written contract with the City of Stillwater/Stillwater Utilities Authority for the construction of Dredging, dewatering, and disposal of lagoon residuals at the Stillwater Water Treatment Plant (general nature of work), said project being specifically titled Project No. 21WT04 – Lagoon Dredging and Dewatering, SUA Bid No. 22-22/23 reference to which is made here, and said contract, plans, specifications and all attachments or appendices thereto, are hereby incorporated by reference thereto and made a part of this instrument. Principal is obligated to protect the City of Stillwater/Stillwater Utilities Authority against any and all defects in said construction resulting from faulty materials or workmanship for a period of _1_ (one) year from the date of acceptance of said project by the City. Should Principal protect the City of Stillwater/Stillwater Utilities Authority against any and all defects in said construction resulting from faulty materials or workmanship for a Maintenance Bond Form B-8 period of _1_ (one) year from the date of acceptance of said project by the City, this obligation shall become null and void; otherwise, it shall remain in full force and effect. It is further expressly agreed and understood by the parties hereto that no changes or alterations to said contract and no deviations from the plan or mode of procedure herein fixed shall have the effect of releasing the Surety, or any of them, from the obligations of this bond. IN WITNESS WHEREOF, the said Principal has caused these presents to be executed in its name, and its corporate seal to be hereunto affixed, by its duly authorized officers, and the said Surety has caused these presents to be executed in its name and its corporate seal to be hereunto affixed by its attorney-in-fact, duly authorized so to do, the day and year first above written. PRINCIPAL ATTEST: ___________________________________ (name) ___________________________ __________________________________ Secretary (authorized representative/title) SURETY ___________________________________ (name) ___________________________________ Attorney-in-Fact (Accompany this bond with Attorney-in-fact's Authority from the Surety Company certified to include the date of the bond.) EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 1 STANDARD GENERAL CONDITIONS OF THE CONSTRUCTION CONTRACT Prepared by ENGINEERS JOINT CONTRACT DOCUMENTS COMMITTEE and Issued and Published Jointly By PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE a practice division of the NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS ___________________ AMERICAN COUNCIL OF ENGINEERING COMPANIES ___________________ AMERICAN SOCIETY OF CIVIL ENGINEERS This document has been approved and endorsed by The Associated General Contractors of America Construction Specifications Institute EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 2 PUBLISH WITH CHANGES SHOWING. 2) FOR DEPT-DESIGNED PROJECTS, ADD THIS STATEMENT TO THE END OF 1.01, A, 19.: “For purposes of this Agreement, Owner is the Engineer. Whenever Engineer is used it shall be interpreted to mean Owner.” AND BE SURE IONWAVE UPDATES TO MATCH> This page intentionally blank EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 3 TABLE OF CONTENTS Page GENERAL CONDITIONS ....................................................................................................................................................... 7 ARTICLE 1 - DEFINITIONS AND TERMINOLOGY .............................................................................................................. 7 1.01 Defined Terms ......................................................................................................................................................... 7 1.02 Terminology ............................................................................................................................................................ 9 ARTICLE 2 - PRELIMINARY MATTERS ............................................................................................................................. 10 2.01 Delivery of Bonds and Evidence of Insurance ...................................................................................................... 10 2.02 Copies of Documents ............................................................................................................................................ 10 2.03 Commencement of Contract Times; Notice to Proceed ........................................................................................ 10 2.04 Starting the Work .................................................................................................................................................. 10 2.05 Before Starting Construction ................................................................................................................................ 10 2.06 Preconstruction Conference ................................................................................................................................. 10 2.07 Initial Acceptance of Schedules ........................................................................................................................ 1011 ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE ...................................................................... 11 3.01 Intent ..................................................................................................................................................................... 11 3.02 Reference Standards ............................................................................................................................................. 11 3.03 Reporting and Resolving Discrepancies ............................................................................................................... 11 3.04 Amending and Supplementing Contract Documents ............................................................................................. 12 3.05 Reuse of Documents .............................................................................................................................................. 12 3.06 Electronic Data ...................................................................................................................................................... 12 ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................................................ 12 4.01 Availability of Lands ............................................................................................................................................. 12 4.02 Subsurface and Physical Conditions ................................................................................................................. 1213 4.03 Differing Subsurface or Physical Conditions........................................................................................................ 13 4.04 Underground Facilities ......................................................................................................................................... 14 4.05 Reference Points ................................................................................................................................................... 14 4.06 Hazardous Environmental Condition at Site .................................................................................................... 1415 ARTICLE 5 - BONDS AND INSURANCE ......................................................................................................................... 1516 5.01 Performance, Payment, and Other Bonds ......................................................................................................... 1516 5.02 Licensed Sureties and Insurers ............................................................................................................................. 16 5.03 Certificates of Insurance ....................................................................................................................................... 16 5.04 Contractor’s Liability Insurance .......................................................................................................................... 16 5.05 Owner’s Liability Insurance ............................................................................................................................. 1718 5.06 Property Insurance ........................................................................................................................................... 1718 5.07 Waiver of Rights ................................................................................................................................................ 1819 5.08 Receipt and Application of Insurance Proceeds (Not Used) ............................................................................. 1920 5.10 Partial Utilization, Acknowledgment of Property Insurer ................................................................................ 1920 ARTICLE 6 - CONTRACTOR’S RESPONSIBILITIES ...................................................................................................... 1920 6.01 Supervision and Superintendence ..................................................................................................................... 1920 6.02 Labor; Working Hours ...................................................................................................................................... 1920 6.03 Services, Materials, and Equipment.................................................................................................................. 2021 6.04 Progress Schedule ............................................................................................................................................. 2021 6.05 Substitutes and “Or-Equals” ............................................................................................................................ 2021 6.06 Concerning Subcontractors, Suppliers, and Others .......................................................................................... 2122 6.07 Patent Fees and Royalties ................................................................................................................................. 2223 6.08 Permits .............................................................................................................................................................. 2223 6.09 Laws and Regulations ....................................................................................................................................... 2324 6.10 Taxes ................................................................................................................................................................. 2324 6.11 Use of Site and Other Areas .............................................................................................................................. 2324 6.12 Record Documents ............................................................................................................................................ 2324 6.13 Safety and Protection ........................................................................................................................................ 2325 6.14 Safety Representative ........................................................................................................................................ 2425 6.15 Hazard Communication Programs ................................................................................................................... 2425 6.16 Emergencies ...................................................................................................................................................... 2425 6.17 Shop Drawings and Samples............................................................................................................................. 2425 6.18 Continuing the Work ......................................................................................................................................... 2526 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 4 6.19 Contractor’s General Warranty and Guarantee ............................................................................................... 2526 6.20 Indemnification-See Supplementary Conditions ............................................................................................... 2627 ARTICLE 7 - OTHER WORK AT THE SITE ..................................................................................................................... 2728 7.01 Related Work at Site .......................................................................................................................................... 2728 7.02 Coordination ..................................................................................................................................................... 2728 7.03 Legal Relationships ........................................................................................................................................... 2728 ARTICLE 8 - OWNER’S RESPONSIBILITIES .................................................................................................................. 2728 8.02 Replacement of Engineer .................................................................................................................................. 2728 8.03 Furnish Data ..................................................................................................................................................... 2729 8.04 Pay When Due .................................................................................................................................................. 2729 8.05 Lands and Easements; Reports and Tests ......................................................................................................... 2729 8.06 Insurance (Not Used) ........................................................................................................................................ 2829 8.07 Change Orders .................................................................................................................................................. 2829 8.08 Inspections, Tests, and Approvals ..................................................................................................................... 2829 8.09 Limitations on Owner’s Responsibilities .......................................................................................................... 2829 8.10 Undisclosed Hazardous Environmental Condition ........................................................................................... 2829 8.11 Evidence of Financial Arrangements ................................................................................................................ 2829 ARTICLE 9 - ENGINEER’S STATUS DURING CONSTRUCTION ................................................................................. 2829 9.01 Owner’s Representative .................................................................................................................................... 2829 9.02 Visits to Site ...................................................................................................................................................... 2829 9.03 Project Representative ...................................................................................................................................... 2830 9.04 Authorized Variations in Work ......................................................................................................................... 2830 9.05 Rejecting Defective Work .................................................................................................................................. 2930 9.06 Shop Drawings, Change Orders and Payments ................................................................................................ 2930 9.07 Determinations for Unit Price Work ................................................................................................................. 2930 9.08 Decisions on Requirements of Contract Documents and Acceptability of Work .............................................. 2930 9.09 Limitations on Engineer’s Authority and Responsibilities ................................................................................ 2930 ARTICLE 10 – CHANGES IN THE WORK; CLAIMS ....................................................................................................... 3031 10.01 Authorized Changes in the Work ....................................................................................................................... 3031 10.02 Unauthorized Changes in the Work ................................................................................................................... 3031 10.03 Execution of Change Orders .............................................................................................................................. 3031 10.04 Notification to Surety ......................................................................................................................................... 3031 10.05 Claims ................................................................................................................................................................ 3031 ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK .............................................................. 3132 11.01 Cost of the Work ................................................................................................................................................ 3132 11.02 Allowances ......................................................................................................................................................... 3234 11.03 Unit Price Work ................................................................................................................................................. 3234 ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES ................................................. 3334 12.01 Change of Contract Price .................................................................................................................................. 3334 12.02 Change of Contract Times ................................................................................................................................. 3335 12.03 Delays ................................................................................................................................................................ 3435 ARTICLE 13 - TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK ............................................................................................................................................................................................... 3436 13.01 Notice of Defects ................................................................................................................................................ 3436 13.02 Access to Work ................................................................................................................................................... 3436 13.03 Tests and Inspections ......................................................................................................................................... 3436 13.04 Uncovering Work ............................................................................................................................................... 3536 13.05 Owner May Stop the Work ................................................................................................................................. 3537 13.06 Correction or Removal of Defective Work ......................................................................................................... 3537 13.07 Correction Period .............................................................................................................................................. 3537 13.08 Acceptance of Defective Work ........................................................................................................................... 3638 13.09 Owner May Correct Defective Work.................................................................................................................. 3638 ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION .......................................................................... 3738 14.01 Schedule of Values ............................................................................................................................................. 3738 14.02 Progress Payments............................................................................................................................................. 3738 14.03 Contractor’s Warranty of Title .......................................................................................................................... 3840 14.04 Substantial Completion ...................................................................................................................................... 3840 14.05 Partial Utilization .............................................................................................................................................. 3840 14.06 Final Inspection ................................................................................................................................................. 3941 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 5 14.07 Final Payment .................................................................................................................................................... 3941 14.08 Final Completion Delayed ................................................................................................................................. 3942 14.09 Waiver of Claims ............................................................................................................................................... 4042 ARTICLE 15 - SUSPENSION OF WORK AND TERMINATION ..................................................................................... 4042 15.01 Owner May Suspend Work ................................................................................................................................. 4042 15.02 Owner May Terminate for Cause ....................................................................................................................... 4042 15.03 Owner May Terminate For Convenience ........................................................................................................... 4143 15.04 Contractor May Stop Work or Terminate .......................................................................................................... 4143 ARTICLE 16 - DISPUTE RESOLUTION (NOT USED) ..................................................................................................... 4143 ARTICLE 17 - MISCELLANEOUS ..................................................................................................................................... 4144 17.01 Giving Notice ..................................................................................................................................................... 4144 17.02 Computation of Times ........................................................................................................................................ 4144 17.03 Cumulative Remedies ......................................................................................................................................... 4144 17.04 Survival of Obligations ...................................................................................................................................... 4144 17.05 Controlling Law ................................................................................................................................................. 4244 17.06 Headings ............................................................................................................................................................ 4244 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 6 This page intentionally blank EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 7 GENERAL CONDITIONS ARTICLE 1 - DEFINITIONS AND TERMINOLOGY 1.01 Defined Terms A. Wherever used in the Bidding Requirements or Contract Documents and printed with initial capital letters, the terms listed below will have the meanings indicated which are applicable to both the singular and plural thereof. 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 which is evidence of the agreement between Owner and Contractor covering the Work. 3. Application for Payment--The form acceptable to Owner which is to be used by Contractor during the course of the Work in requesting progress or final payments and which is to be accompanied by such supporting documentation as is required by the Contract Documents. 4. Asbestos--Any material that contains more than one percent asbestos and is friable or is releasing asbestos fibers into the air above current action levels established by the United States Occupational Safety and Health Administration. 5. Bid--The offer or proposal of a Bidder submitted on the prescribed form setting forth the prices for the Work to be performed. 6. Bidder--The individual or entity who submits a Bid directly to Owner. 7. Bidding Documents--The Bidding Requirements and the proposed Contract Documents (including all Addenda). 8. Bidding Requirements--The Advertisement or Invitation to Bid, Instructions to Bidders, bid security of acceptable form, if any, and the Bid Form with any supplements. 9. 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, issued on or after the Effective Date of the Agreement. 10. Claim--A demand or assertion by Owner or Contractor seeking an adjustment of Contract Price or Contract Times, or both, or other relief with respect to the terms of the Contract. A demand for money or services by a third party is not a Claim. 11. Contract--The entire and integrated written agreement between the Owner and Contractor concerning the Work. The Contract supersedes prior negotiations, representations, or agreements, whether written or oral. 12. Contract Documents-- Those items so designated in the Agreement. Only printed or hard copies of the items listed in the Agreement are Contract Documents. Approved Shop Drawings, other Contractor’s submittals, and the reports and drawings of subsurface and physical conditions are not Contract Documents. 13. Contract Price--The moneys payable by Owner to Contractor for completion of the Work in accordance with the Contract Documents as stated in the Agreement (subject to the provisions of Paragraph 11.03 in the case of Unit Price Work). 14. Contract Times--The number of days or the dates stated in the Agreement to: (i) achieve Milestones, if any, (ii) achieve Substantial Completion; and (iii) complete the Work so that it is ready for final payment as evidenced by Engineer’s written recommendation of final payment. 15. Contractor--The individual or entity with whom Owner has entered into the Agreement. 16. Cost of the Work--See Paragraph 11.01.A for definition. 17. Drawings--That part of the Contract Documents prepared or approved by Engineer which graphically shows the scope, extent, and character of the Work to be performed by Contractor. Shop Drawings and other Contractor submittals are not Drawings as so defined. 18. Effective Date of the Agreement--The date indicated in the Agreement on which it becomes effective, but if no such date is indicated, it means the date on which the Agreement is signed and delivered by the last of the two parties to sign and deliver. 19. Engineer --The individual or entity named as such in the Agreement as the “Engineer of Record”. 20. Field Order--A written order issued by Engineer/Owner which requires minor changes in the Work but which does not involve a change in the Contract Price or the Contract Times. EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 8 21. General Requirements--Sections of Division 1 of the Specifications. The General Requirements pertain to all sections of the Specifications. 22. Hazardous Environmental Condition--The presence at the Site of Asbestos, PCBs, Petroleum, Hazardous Waste, or Radioactive Material in such quantities or circumstances that may present a substantial danger to persons or property exposed thereto in connection with the Work. 23. Hazardous Waste--The term Hazardous Waste shall have the meaning provided in Section 1004 of the Solid Waste Disposal Act (42 USC Section 6903) as amended from time to time. 24. Laws and Regulations; Laws or Regulations-- Any and all applicable laws, rules, regulations, ordinanc- es, codes, and orders of any and all governmental bodies, agencies, authorities, and courts having jurisdiction. 25. Liens--Charges, security interests, or encumbrances upon Project funds, real property, or personal property. 26. Milestone--A principal event specified in the Contract Documents relating to an intermediate comple- tion date or time prior to Substantial Completion of all the Work. 27. Notice of Award--The written notice by Owner to the Successful Bidder stating that upon timely compliance by the Successful Bidder with the conditions precedent listed therein, Owner will sign and deliver the Agreement. 28. Notice to Proceed--A written notice given by Owner to Contractor fixing the date on which the Con- tract Times will commence to run and on which Contractor shall start to perform the Work under the Contract Documents. 29. Owner--The individual or entity with whom Contractor has entered into the Agreement and for whom the Work is to be performed. 30. PCBs--Polychlorinated biphenyls. 31. Petroleum--Petroleum, including crude oil or any fraction thereof which is liquid at standard conditions of temperature and pressure (60 degrees Fahrenheit and 14.7 pounds per square inch absolute), such as oil, petroleum, fuel oil, oil sludge, oil refuse, gasoline, kerosene, and oil mixed with other non-Hazardous Waste and crude oils. 32. Progress Schedule--A schedule, prepared and maintained by Contractor, describing the sequence and duration of the activities comprising the Contractor’s plan to accomplish the Work within the Contract Times. 33. Project--The total construction of which the Work to be performed under the Contract Documents may be the whole, or a part. 34. Project Manual--The bound documentary information prepared for bidding and constructing the Work. A listing of the contents of the Project Manual, which may be bound in one or more volumes, is contained in the table(s) of contents. 35. Radioactive Material--Source, special nuclear, or byproduct material as defined by the Atomic Energy Act of 1954 (42 USC Section 2011 et seq.) as amended from time to time. 36. Related Entity -- An officer, director, partner, employee, agent, consultant, or subcontractor. 37. Resident Project Representative--The authorized representative of Engineer and/or Owner who may be assigned to the Site or any part thereof. 38. Samples--Physical examples of materials, equipment, or workmanship that are representative of some portion of the Work and which establish the standards by which such portion of the Work will be judged. 39. Schedule of Submittals--A schedule, prepared and maintained by Contractor, of required submittals and the time requirements to support scheduled performance of related construction activities. 40. 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. 41. Shop Drawings--All drawings, diagrams, illustra- tions, schedules, and other data or information which are specifically prepared or assembled by or for Contractor and submitted by Contractor to illustrate some portion of the Work. 42. 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 for access thereto, and such other lands furnished by Owner which are designated for the use of Contractor. 43. Specifications--That part of the Contract Documents consisting of written requirements for materials, equipment, systems, standards and workmanship as applied to the Work, and certain administrative requirements and procedural matters applicable thereto. 44. Subcontractor--An individual or entity having a direct contract with Contractor or with any other EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 9 Subcontractor for the performance of a part of the Work at the Site. 45. Substantial Completion--The time at which the Work (or a specified part thereof) has progressed to the point where, in the opinion of Owner, the Work (or a specified part thereof) is sufficiently complete, in accordance with the Contract Documents, so that the Work (or a specified part thereof) can be utilized for the purposes for which it is intended. The terms “substantially complete” and “substantially completed” as applied to all or part of the Work refer to Substantial Completion thereof. The Work shall not be considered substantially complete unless damages to all third party assets and/or services including, but not limited to utilities and utility services, landscaping, fences, driveways, walkways, structures, buildings, facilities, improvements and/or appurtenances of any kind have been repaired and restored to the satisfaction of the third party and/or Owner and no reasonable (in the opinion of Owner) claim or potential claim against the Contractor and/or Owner for Contractor damages remains outstanding. 46. Successful Bidder--The Bidder submitting a responsive Bid to whom Owner makes an award. 47. Supplementary Conditions--That part of the Contract Documents which amends or supplements these General Conditions. 48. Supplier--A manufacturer, fabricator, supplier, distributor, materialman, or vendor having a direct contract with Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by Contractor or any Subcontractor. 49. Underground Facilities--All underground pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels, or other such facilities or attachments, and any encasements containing such facilities, including those that convey electricity, gases, steam, liquid petroleum products, telephone or other communications, cable television, water, wastewater, storm water, other liquids or chemicals, or traffic or other control systems. 50. Unit Price Work--Work to be paid for on the basis of unit prices. 51. 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, and furnishing, installing, and incorporating all materials and equipment into such construction, all as required by the Contract Documents. 52. Work Change Directive--A written statement to Contractor issued on or after the Effective Date of the Agreement and signed by Owner and recommended by Engineer (if review is requested by Owner) ordering an addition, deletion, or revision in the Work, or responding to differing or unforeseen subsurface or physical conditions under which the Work is to be performed or to emergencies. A Work Change Directive will not change the Contract Price or the Contract Times but is evidence that the parties expect that the change ordered or documented by a Work Change Directive will be incorporated in a subsequently issued Change Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Times. 1.02 Terminology A. The following words or terms are not defined but, when used in the Bidding Requirements or Contract Documents, have the following meaning. B. Intent of Certain Terms or Adjectives 1. The Contract Documents include the terms “as allowed,” “as approved,” “as ordered”, “as directed” or terms of like effect or import to authorize an exercise of professional judgment by Engineer and/or Owner. 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 and/or Owner 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 requirements of and information in the Contract Documents and confor- mance with the design concept of the completed 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 Paragraph 9.09 or any other provision of the Contract Documents. C. Day 1. The word “day” means a calendar day of 24 hours measured from midnight to the next midnight. D. Defective 1. The word “defective,” when modifying the word “Work,” refers to Work that is unsatisfactory, faulty, or deficient in that it: a. does not conform to the Contract Documents, or b. does not meet the requirements of any applicable inspection, reference standard, test, or approval referred to in the Contract Documents, or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 10 c. has been damaged prior to Owner’s approval of final payment (unless responsibility for the protection thereof has been assumed by Owner at Substantial Completion in accordance with Paragraph 14.04 or 14.05). E. Furnish, Install, Perform, Provide 1. The word “furnish,” when used in connection with services, materials, or equipment, shall mean to supply and deliver said services, materials, or equipment to the Site (or some other specified location) ready for use or installation and in usable or operable condition. 2. The word “install,” when used in connection with services, materials, or equipment, shall mean to put into use or place in final position said services, materials, or equipment complete and ready for intended use. 3. The words “perform” or “provide,” when used in connection with services, materials, or equipment, shall mean to furnish and install said services, materials, or equipment complete and ready for intended use. 4. When “furnish,” “install,” “perform,” or “provide” is not used in connection with services, materials, or equipment in a context clearly requiring an obligation of Contractor, “provide” is implied. F. Unless stated otherwise in the Contract Docu- ments, words or phrases which have a well-known technical or construction industry or trade meaning are used in the Contract Documents in accordance with such recognized meaning. ARTICLE 2 - PRELIMINARY MATTERS 2.01 Delivery of Bonds and Evidence of Insurance A. When Contractor delivers the executed counterparts of the Agreement to Owner, Contractor shall also deliver to Owner such bonds as Contractor may be required to furnish. B. Evidence of Insurance: Within 15 days of Notice of Award, Contractor shall deliver to Owner, Engineer, and any other additional insured identified in the Supplementary Conditions, certificates of insurance (and other evidence of insurance which may be reasonably requested) which Contractor is required to purchase and maintain in accordance with Article 5. 2.02 Copies of Documents A. Owner shall furnish to Contractor up to ten printed or hard copies of the Drawings and Project Manual. Additional copies will be furnished upon request at the cost of reproduction. 2.03 Commencement of Contract Times; Notice to Proceed A. The Contract Times will commence to run on the thirtieth day after the Effective Date of the Agreement 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 the Effective Date of the Agreement. In no event will the Contract Times com- mence to run later than the sixtieth day after the day of Bid opening or the thirtieth day after the Effective Date of the Agreement, whichever date is earlier. 2.04 Starting the Work A. Contractor shall start to perform the Work on the date when the Contract Times commence to run. No Work shall be done at the Site prior to the date on which the Contract Times commence to run. 2.05 Before Starting Construction A. Preliminary Schedules: Within 10 days after the Effective Date of the Agreement (unless otherwise speci- fied in the General Requirements), Contractor shall submit to Owner 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 Documents; 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 subdi- vides the Work into component parts in sufficient detail to serve as the basis for progress payments during performance of the Work. Such prices will include an appropriate amount of overhead and profit applicable to each item of Work. 2.06 Preconstruction Conference A. Before any Work at the Site is started, a conference attended by Owner, Contractor, including the project superintendent, Engineer, and others as appropriate will be held to establish a working understanding among the parties as to the Work and to discuss the schedules referred to in Paragraph 2.05.A, procedures for handling Shop Drawings and other submittals, processing Applications for Payment, and maintaining required records. The Owner will designate the time and location of the conference. 2.07 Initial 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 EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 11 held to review for acceptability to Owner as provided below the schedules submitted in accordance with Paragraph 2.05.A. Contractor shall have an additional 10 days to make corrections and adjustments and to complete and resubmit the schedules. No progress payment shall be made to Contractor until acceptable schedules are submitted to Owner. 1. The Progress Schedule will be acceptable to Owner if it provides an orderly progression of the Work to completion within the Contract Times. Such acceptance will not impose on Owner responsibility for the Progress Schedule, for sequencing, scheduling, or progress of the Work nor interfere with or relieve Contractor from Contractor’s full responsibility therefore. 2. Contractor’s Schedule of Submittals will be acceptable to Owner if it provides a workable arrangement for reviewing and processing the required submittals. 3. Contractor’s Schedule of Values will be acceptable to Owner as to form and substance if it provides a reasonable allocation of the Contract Price to component parts of the Work. ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, REUSE 3.01 Intent A. The Contract Documents are complementary; what is required by one 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 Docu- ments. Any labor, documentation, services, materials, or equipment that may reasonably be inferred from the Contract Documents or from prevailing custom or trade usage as being required to produce the intended result will be provided whether or not specifically called for at no additional cost to Owner. C. Clarifications and interpretations of the Contract Documents shall be issued by Engineer and/or Owner as provided in Article 9. 3.02 Reference Standards A. Standards, Specifications, Codes, Laws, and Regulations 1. Reference to standards, specifications, manuals, or codes of any technical society, organization, or association, or to Laws or Regulations, whether such reference be specific or by implication, shall mean the standard, specification, manual, code, or Laws or Regula- tions in effect at the time of opening of Bids (or on the Effective Date of the Agreement if there were no Bids), except as may be otherwise specifically stated in the Contract Documents. 2. No provision of any such standard, specification, manual or code, or any instruction of a Supplier shall be effective to change the duties or responsibilities of Owner, Contractor, or Engineer, or any of their subcontractors, consultants, agents, or employees from those set forth in the Contract Documents. No such provision or instruction shall be effective to assign to Owner, or Engineer, or any of, their Related Entities, any duty or authority to supervise or direct the performance of the Work or any duty or authority to undertake respon- sibility inconsistent with the provisions of the Contract Documents. 3.03 Reporting and Resolving Discrepancies A. Reporting Discrepancies 1. Contractor’s Review of Contract Documents Before Starting Work: Before undertaking each part of the Work, Contractor shall carefully study and compare the Contract Documents and check and verify pertinent figures therein and all applicable field measurements. Contractor shall promptly report in writing to Owner any conflict, error, ambiguity, or discrepancy which Contractor may discover and shall obtain a written interpretation or clarification from Owner before proceeding with any Work affected thereby. 2. Contractor’s Review of Contract Documents During Performance of Work: If, during the performance of the Work, Contractor discovers any conflict, error, ambiguity, or discrepancy within the Contract Documents or between the Contract Documents and any provision of any Law or Regulation applicable to the performance of the Work or of any standard, specification, manual or code, or of any instruction of any Supplier, Contractor shall promptly report it to Owner in writing. Contractor shall not proceed with the Work affected thereby (except in an emergency as required by Paragraph 6.16.A) until an amendment or supplement to the Contract Documents has been issued by one of the methods indicated in Paragraph 3.04. 3. Contractor shall not be liable to Owner or Engineer for failure to report any conflict, error, ambiguity, or dis- crepancy in the Contract Documents unless Contractor knew or reasonably should have known thereof. B. Resolving Discrepancies 1. Except as may be otherwise specifically stated in the Contract Documents, the provisions of the Contract Documents shall take precedence in resolving any conflict, error, ambiguity, or discrepancy between the provisions of the Contract Documents and: EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 12 a. the provisions of any standard, specification, manual, code, or instruction (whether or not specifi- cally incorporated by reference in the Contract Documents); 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 Amending and Supplementing Contract Documents A. The Contract Documents may be amended to provide for additions, deletions, and revisions in the Work or to modify the terms and conditions thereof by either a Change Order or a Work Change Directive. B. The requirements of the Contract Documents may be supplemented, and minor variations and deviations in the Work may be authorized, by one or more of the following ways: 1. A Field Order; 2. Engineer’s approval of a Shop Drawing or Sample; (Subject to the provisions of Paragraph 6.17.D.3); or 3. Engineer’s written interpretation or clarification. 3.05 Reuse of Documents A. Contractor and any Subcontractor or Supplier or other individual or entity performing or furnishing all of the Work under a direct or indirect contract with Contractor, 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 Engineer’s consultants, including electronic media editions; or 2. reuse any of such Drawings, Specifications, other documents, or copies thereof on extensions of the Project or any other project without written consent of Owner and Engineer and specific written verification or adaption by Engineer. B. The prohibition of this Paragraph 3.05 will survive final payment, or termination of the Contract. Nothing herein shall preclude Contractor from retaining copies of the Contract Documents for record purposes. 3.06 Electronic Data A. Copies of data furnished by Owner or Engineer to Contractor or Contractor to Owner or Engineer that may be relied upon are limited to the printed copies (also known as hard copies). Files in electronic media format of text, data, graphics, or other types are furnished only for the convenience of the receiving party. Any conclusion or information obtained or derived from such electronic files will be at the user’s sole risk. If there is a discrepancy between the electronic files and the hard copies, the hard copies govern. B. Because data stored in electronic media format can deteriorate or be modified inadvertently or otherwise without authorization of the data’s creator, the party receiving electronic files agrees that it will perform acceptance tests or procedures within 60 days, after which the receiving party shall be deemed to have accepted the data thus transferred. Any errors detected within the 60- day acceptance period will be corrected by the transferring party. C. When transferring documents in electronic media format, the transferring party makes no representations as to long term compatibility, usability, or readability of documents resulting from the use of software application packages, operating systems, or computer hardware differing from those used by the data’s creator. ARTICLE 4 - AVAILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS ENVIRONMENTAL CONDITIONS; REFERENCE POINTS 4.01 Availability of Lands A. Owner shall furnish the Site. Owner shall notify Contractor 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. Owner will obtain in a timely manner and pay for easements for permanent structures or permanent changes in existing facilities. If Contractor and Owner are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, as a result of any delay in Owner’s furnishing the Site or a part thereof, Contractor may make a Claim therefor as provided in Paragraph 10.05. BC. Contractor shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equip- ment. 4.02 Subsurface and Physical Conditions A. Reports and Drawings: The Supplementary Conditions identify: 1. those reports of explorations and tests of subsurface conditions at or contiguous to the Site that EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 13 Engineer has used in preparing the Contract Documents; and 2. those drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) that Engineer has used in preparing the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, and safety precautions and programs incident thereto; or 2. other data, interpretations, opinions, and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any "technical data" or any such other data, interpretations, opinions, or information. 4.03 Differing Subsurface or Physical Conditions A. Notice: If Contractor believes that any subsurface or physical condition at or contiguous to the Site that is uncovered or revealed either: 1. is of such a nature as to establish that any “technical data” on which Contractor is entitled to rely as provided in Paragraph 4.02 is materially inaccurate; or 2. is of such a nature as to require a change in the Contract Documents; or 3. differs materially from that shown or indicated in the Contract Documents; or 4. is of an unusual nature, and differs materially from conditions ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents; then Contractor shall, promptly after becoming aware thereof and before further disturbing the subsurface or physical conditions or performing any Work in connec- tion therewith (except in an emergency as required by Paragraph 6.16.A), notify Owner and Engineer in writing about such condition. Contractor shall not further disturb such condition or perform any Work in connection therewith (except as aforesaid) until receipt of written order to do so. B. Engineer’s Review: After receipt of written notice as required by Paragraph 4.03.A, Engineer will promptly review the pertinent condition, determine the necessity of Owner’s obtaining additional exploration or tests with respect thereto, and advise Owner in writing (with a copy to Contractor) of Engineer’s findings and conclusions. C. Possible Price and Times Adjustments 1. The Contract Price and Contract Time may only be changed by a Change Order. Any claim for an adjustment in the Contract Price or Contract Time shall be based on written notice by Contractor to the Owner submitted in accordance with the provisions of Paragraph 10.05. The Contract Price or the Contract Times, or both, may be adjusted to the extent that the existence of such differing subsurface or physical condition causes an increase or decrease in Contractor’s cost of, or time required for, performance of the Work; subject, however, to the follow- ing: a. such condition must meet any one or more of the categories described in Paragraph 4.03.A; and b. with respect to Work that is paid for on a Unit Price Basis, any adjustment in Contract Price will be subject to the provisions of Paragraph 11.03. 2. Contractor shall not be entitled to any adjustment in the Contract Price or Contract Times if: a. Contractor knew of the existence of such conditions at the time Contractor made a final commitment to Owner with respect to Contract Price and Contract Times by the submission of a Bid or becoming bound under a negotiated contract; or b. the existence of such condition could reasonably have been discovered or revealed as a result of any examination, investigation, exploration, test, or study of the Site and contiguous areas required by the Bid- ding Requirements or Contract Documents to be conducted by or for Contractor prior to Contractor's making such final commitment; or c. Contractor failed to give the written notice as re- quired by Paragraph 4.03.A. 3. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any adjustment in the Contract Price or Contract Times, or both, a Claim may be made therefor as provided in Paragraph 10.05. However, Owner and Engineer, and any of their Related Entities shall not be liable to Contractor for any claims, costs, losses, or damages (including but not limited to all fees and charges of engineers, architects, attorneys, and other professionals and all court or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 14 arbitration or other dispute resolution costs) sustained by Contractor on or in connection with any other project or anticipated project. 4.04 Underground Facilities A. Shown or Indicated: The information and data shown or indicated in the Contract Documents with respect to existing Underground Facilities at or contiguous to the Site is based on information and data furnished to Owner or Engineer by the owners of such Underground Facilities, including Owner, or by others. Unless it is otherwise expressly provided in the Sup- plementary Conditions: 1. Owner and Engineer shall not be responsible for the accuracy or completeness of any such information or data; and 2. the cost of all of the following will be included in the Contract Price, and Contractor shall have full responsibility for: a. reviewing and checking all such information and data, b. locating all Underground Facilities shown or indicated in the Contract Documents, c. coordination of the Work with the owners of such Underground Facilities, including Owner, during construction, and d. the safety and protection of all such Underground Facilities and repairing any damage thereto resulting from the Work. B. Not Shown or Indicated 1. If an Underground Facility is uncovered or revealed at or contiguous to the Site which was not shown or indicated, or not shown or indicated with reasonable accuracy in the Contract Documents, Contractor shall, promptly after becoming aware thereof and before further disturbing conditions affected thereby or performing any Work in connection therewith (except in an emergency as required by Paragraph 6.16.A), identify the owner of such Underground Facility and give written notice to that owner and to Owner and Engineer. Engineer will promptly review the Underground Facility and determine the extent, if any, to which a change is required in the Contract Documents to reflect and document the consequences of the existence or location of the Under- ground Facility. During such time, Contractor shall be responsible for the safety and protection of such Underground Facility. 2. If Engineer concludes that a change in the Contract Documents is required, a Work Change Directive or a Change Order will be issued to reflect and document such consequences. An equitable adjustment shall be made in the Contract Price or Contract Times, or both, to the extent that they are attributable to the existence or location of any Underground Facility that was not shown or indicated or not shown or indicated with reasonable accuracy in the Contract Documents and that Contractor did not know of and could not reasonably have been expected to be aware of or to have anticipated. Contractor shall make such request for an adjustment in Contract Price or Contract Time in accordance with provisions of Article 12. If Owner and Contractor are unable to agree on entitlement to or on the amount or extent, if any, of any such adjustment in Contract Price or Contract Times, Owner or Contractor may make a Claim therefor as provided in Paragraph 10.05. 4.05 Reference Points A. Engineer 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 and preserve the established reference points and property monuments, and shall make no changes or relocations without the prior written approval of Owner. Contractor shall report to Owner whenever any reference point or property monument is lost or destroyed or requires relocation because of necessary changes in grades or locations, and shall be responsible for the accurate replacement or relocation of such reference points or property monuments by professionally qualified personnel under the direct supervision of a Professional Land Surveyor, Licensed to practice in the State of Oklahoma.” 4.06 Hazardous Environmental Condition at Site A. Reports and Drawings: Reference is made to the Supplementary Conditions for the identification of those reports and drawings relating to a Hazardous Environmental Condition identified at the Site, if any, that have been utilized by the Engineer in the preparation of the Contract Documents. B. Limited Reliance by Contractor on Technical Data Authorized: Contractor may rely upon the general accuracy of the “technical data” contained in such reports and drawings, but such reports and drawings are not Contract Documents. Such “technical data” is identified in the Supplementary Conditions. Except for such reliance on such “technical data,” Contractor may not rely upon or make any claim against Owner or Engineer, or any of their Related Entities with respect to: 1. the completeness of such reports and drawings for Contractor’s purposes, including, but not limited to, any aspects of the means, methods, techniques, sequences and procedures of construction to be employed by Contractor and safety precautions and programs incident thereto; or EJCDC C-700 Standard General Conditions of the Construction Contract. Copyright © 2002 National Society of Professional Engineers for EJCDC. All rights reserved. Modified by permission. 00700 -–C- 15 2. other data, interpretations, opinions and information contained in such reports or shown or indicated in such drawings; or 3. any Contractor interpretation of or conclusion drawn from any “technical data” or any such other data, interpretations, opinions or information. C. Contractor shall not be responsible for any Hazardous Environmental Condition uncovered or re- vealed at the Site which was not shown or indicated in Drawings or Specifications or identified in the Contract Documents to be within the scope of the Work. Contractor shall be responsible for a Hazardous Environmental Condition created with any materials brought to the Site by Contractor, Subcontractors, Suppliers, or anyone else for whom Contractor is responsible. D. If Contractor encounters a Hazardous Environmental Condition or if Contractor or anyone for whom Contractor is responsible creates a Hazardous Environmental Condition, Contractor shall immediately: (i) secure or otherwise isolate such condition; (ii) stop all Work in connection with such condition and in any area affected thereby (except in an emergency as required by Paragraph 6.16.A); and (iii) notify Owner and Engineer (and promptly thereafter confirm such notice in writing). Owner shall promptly consult with Engineer concerning the necessity for Owner to retain a qualified expert to evaluate such condition or take corrective action, if any. E. Contractor shall not be required to resume Work in connection with such condition or in any affected area until after Owner has obtained any required permits related thereto and delivered to Contractor written notice: (i) specifying that such condition and any affected area is or has been rendered safe for the resumption of Work; or (ii) specifying any special conditions under which such Work may be resumed safely. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of any adjustment in Contract Price or Contract Times, or both, as a result of such Work stop- page or such special conditions under which Work is agreed to be resumed by Contractor, either party may make a Claim therefor as provided in Paragraph 10.05. F. If after receipt of such written notice Contractor does not agree to resume such Work based on a reasonable belief it is unsafe, or does not agree to resume such Work under such special conditions, then Owner may order the portion of the Work that is in the area affected by such condition to be deleted from the Work. If Owner and Contractor cannot agree as to entitlement to or on the amount or extent, if any, of an adjustm...