DOCUMENT

ITB - Water Pipeline Project 2009

  • YEAR CREATED: 2009
  • ENTITY TYPE: State
  • TYPE OF DOCUMENT: BID - ITB, IFB, ITT, RFB
This document is a set of standard general conditions for a construction contract. It outlines the responsibilities and obligations of the contractor, owner, and engineer involved in the construction project. The document states that the engineer is responsible for reviewing the progress and quality of the work and making recommendations for payment. However, the engineer's review and recommendation do not imply exhaustive inspections or guarantee that there are no other issues between the parties that may affect payment. The document also clarifies that the engineer is not responsible for supervising the work, determining construction methods, ensuring compliance with laws and regulations, or examining how the contractor has used the payment. The engineer is also not responsible for determining the passing of title to the work, materials, or equipment free of any liens. The document allows the engineer to refuse payment or revise previous payment recommendations if the work is defective, damaged, or if there are claims, liens, or other items that entitle the owner to a set-off. The owner can also refuse to make full payment based on these reasons. If the owner refuses to make full payment, they must provide written notice to the contractor stating the reasons for the action and pay the remaining amount after deduction. If it is later determined that the owner's refusal was not justified, the wrongfully withheld amount will be treated as due. The document includes a warranty from the contractor that title to the work, materials, and equipment will pass to the owner free and clear of all liens. It also outlines the process for substantial completion, where the contractor notifies the owner and engineer in writing when the entire work is ready for use. An inspection is conducted to determine the status of completion, and if the engineer considers the work substantially complete, a tentative certificate of substantial completion is issued. The owner has the opportunity to object to the certificate or attached list of incomplete items. If the objections are considered and the work is still deemed substantially complete, a definitive certificate of substantial completion is issued. At this time, the engineer's recommendation on the division of responsibilities between the owner and contractor pending final payment becomes binding.
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