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include controlled distribution to bona fide bidders and proposers, either through direct transmittal in printed or electronic format or posting on a website or other electronic distribution point to which access is limited to bona fide bidders and proposers or others having direct interest in the contract or project. In the case of administrative forms to be used by other project participants, you may make this EJCDC document available for use by such other participants. For example, a project owner that has purchased EJCDC® C‐620, Contractor’s Application for Payment, may make such form available to the construction contractor for its use in applying for progress payments. As an EJCDC limited licensee you may seek advance written permission from the EJCDC Copyright Administrator to use the attached EJCDC document for educational purposes, subject to terms and conditions to be established by the Copyright Administrator for the specific educational use.
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Information regarding the content of the attached EJCDC document and other EJCDC Design and Construction Related Documents may be obtained at ejcdc.org or from the following EJCDC sponsoring organizations: National Society of Professional Engineers 1420 King Street, Alexandria, VA 22314‐2794 (703) 684‐2882 www.nspe.org American Council of Engineering Companies 1015 15th Street N.W., Washington, D.C. 20005 (202) 347‐7474 www.acec.org American Society of Civil Engineers 1801 Alexander Bell Drive, Reston, VA 20191‐4400 (800) 548‐2723 www.asce.org S
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As purchaser, you assume full responsibility for determining the suitability of this document to your purposes, and for the application and use of this document for contractual or project purposes. To the fullest extent permitted by law, in no event will EJCDC, its sponsoring organizations, its committee members, attorneys, consultants, authorized vendors, or advisors, or their respective staff members, employees, agents, or contractors, be liable to you or any other party for any damages, including any lost profits, lost savings, contractual liabilities, disappointed commercial expectations, economic loss, or other direct, incidental, or consequential damages arising out of the content, unenforceability, insufficiency, inadequacy, use or inability to use the attached EJCDC document or any other EJCDC Design and Construction Related Documents, even if EJCDC has been advised of the possibility of such damages, or for any claim by any other party. Some states do not allow the limitation or exclusion of liability for incidental or consequential damages, so portions of the above limitation or exclusion may not apply to you. General: You may not sublicense, assign, or transfer this license except as expressly provided in this License Agreement. Any attempt otherwise to sublicense, assign, or transfer any of the rights, duties, or obligations hereunder is void. If you transfer or purport to transfer such rights, duties, or obligations to another party, your license is automatically terminated. This License Agreement shall be governed by the laws of the State of Virginia. If you have any questions concerning this License Agreement, or any requests or inquiries regarding the EJCDC copyright, you may contact EJCDC by writing to: EJCDC Copyright Administrator c/o National Society of Professional Engineers 1420 King Street Alexandria, VA 22314 Phone: (703) 684‐2845 Fax: (703) 836‐4875 e‐mail: aschwartz@nspe.org You acknowledge that you have read this License Agreement, understand it and agree to be bound by its terms and conditions. You further agree that it is the complete and exclusive statement of the License Agreement and supersedes any proposal or prior agreement, oral or written, and any other communications between us relating to the subject matter of this License Agreement. BIDDING PROCEDURES AND CONSTRUCTION CONTRACT DOCUMENTS E
NOTES TO USER P
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1. This EJCDC document is for use by Owner and Engineer in determining and documenting the Owner’s bidding and contracting requirements for a project’s construction work. The information documented in this form will be used by the Engineer (often working together with Owner’s staff and/or Owner’s attorney) to prepare Bidding Requirements (or other procurement documents), and the project’s contracting requirements, such as the Owner‐Contractor Agreement, General Conditions, and Supplementary Conditions. (Owners that do not delegate the preparation of bidding and contracting requirements will also find EJCDC® C‐050 useful, as an internal form or checklist.) It is recommended that the process of determining and documenting the bidding and contracting requirements be tailored to the particular project. M
2. In some cases, the Owner will initiate the use and completion of this form. In many instances the Engineer will initiate its use, either by sending it to Owner for completion, or as a checklist in a meeting or other direct consultation with Owner. In any case, the Owner should sign the completed form and the Owner and Engineer should each retain a copy of the completed form. 3. For additional information regarding EJCDC® C‐050, see EJCDC® C‐001, Commentary on the 2013 EJCDC Construction Documents. A
4. Insert requested information as prompted below. Check off (by double‐clicking and indicating the correct choice in the resulting dialogue box) the check‐boxes as required. 5. Use EJCDC® C‐051 and EJCDC® C‐052 for requesting and documenting the Owner’s instructions to the Engineer regarding the construction contract’s bond and insurance requirements. S
6. Delete these Notes to Users before completing this document. See the License Agreement that accompanied this document at purchase regarding removal of the EJCDC logo and copyright statement. PROJECT: FROM: TO: (Owner) (Engineer) (Owner’s Contract No.) (Engineer’s Project No.) EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 1 of 13 1 . ENGINEER’S ROLE AND RESPONSIBILITIES DURING CONSTRUCTION 1.01
Engineer’s Role During Construction: Owner intends to retain engineer/engineering firm indicated above as “Engineer” for the Project’s construction phase Owner intends that Owner will serve as “Engineer” during the construction phase Owner intends to retain as “Engineer” for the construction phase the firm of E
Owner intends to retain, as construction manager or similar for the construction phase, the firm of 1.02
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If other than the first option above is selected, attach direction on design engineer’s expected responsibilities during the project’s construction phase. If other than the first option above is selected, the General Conditions or Supplementary Conditions and other documents may need to be revised. How does Owner intend to reconcile differences, if any, between Engineer’s construction‐
phase responsibilities in the construction documents and in the Owner‐Engineer Agreement? P
Construction documents will be revised to coordinate with Engineer’s responsibilities under the Owner‐Engineer Agreement. Owner‐Engineer Agreement will be amended, with appropriate change in Engineer’s fee as required, to coordinate with the Engineer’s responsibilities in the construction documents Not applicable—no differences. Other (specify): M
Design engineer is hereby instructed to proceed with preparing the necessary Bidding Requirements and proposed Contract Documents on the basis of the advice and information given below or provided in attachments. 2 . INTRODUCTORY INFORMATION Project name to be used on the Drawings, and in other Project documents (if other than above): A
2.01
Legal name and address of the Owner for construction contract purposes: S
2.02
2.03
Form of business of Owner: Corporation Individual Partnership (specify type): Municipality/governmental unit or government agency Limited liability company EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 2 of 13 Joint venture Other (specify): If a corporation, incorporated in State of If a LLC or LLP, organized in State of 2.04
Discussion with Owner’s Legal Counsel: E
Engineer may discuss the Bidding and Contracting Requirements directly with the Owner’s attorney. Attorney Name and Firm: Address: Telephone: Email: Detailed description of the Project Site, including designation of property owner if different from the Owner identified above: 2.06
During the Construction Phase, Owner’s representative will be: L
2.05
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The Owner’s representative’s title is: Contracting Approach. The Project will be constructed utilizing: S
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Single prime contract, stipulated sum Single prime contract, Cost of the Work plus a fee With guaranteed maximum price Multiple prime contracts, stipulated sums (indicate prime contracts below) Multiple prime contracts, Cost of the Work plus a fee (indicate prime contracts below) With guaranteed maximum price Separate prime contract(s) for the following: Phased construction (“fast‐track”) Portions of construction by Owner’s own forces: Portions of construction by utility company: Materials/equipment procured by Owner, and furnished to Contractor for installation Materials/equipment procurement(s) by Owner with procurement contracts assigned to Contractor for procurement and installation Other (specify): 3 . DOCUMENTS TO BE USED AS BASIS FOR PREPARING THE PROJECT MANUAL The Bidding Documents, Agreement forms, and General Conditions will be as follows: (to document Owner’s instructions concerning bonds and insurance, use EJCDC® C‐051 and EJCDC® C‐052) 3.01
Form of advertisement or invitation to bid, if any, will be based on: EJCDC® C‐111 (2013 Edition) EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 3 of 13 Other (specify and furnish copy) Do not include 3.02
Instructions to Bidders will be based on: EJCDC® C‐200 (2013 Edition) Other (specify and furnish copy): 3.03
Bid Form will be based on: 3.04
Qualifications Statement, if any, will be based on: 3.05
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EJCDC® C‐451 (2013 Edition) Other (specify and furnish copy): Do not include E
EJCDC® C‐410 (2013 Edition) Other (specify and furnish copy): Agreement between Owner and Contractor(s) will be based on: 3.06
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EJCDC® C‐520 (stipulated price) (2013 edition) EJCDC® C‐525 (cost‐plus) (2013 edition) Other (specify and furnish copy): General Conditions of the Construction Contract will be based on: 3.07
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EJCDC® C‐700 (2013 edition) Other (specify and furnish copy): Supplementary Conditions of the Construction Contract will be: A
Prepared using model language of EJCDC® C‐800 (2013 Edition) Other (specify and furnish copy): 3.08
Contractor’s Application for Payment form shall be: EJCDC® C‐620 (2013 Edition) Other (specify and attach example): Miscellaneous Contract Administration Forms (e.g., Change Order, Work Change Directive, Field Order, Notice of Award, Notice to Proceed, Certification of Substantial Completion, Engineer’s Notice of Acceptability), will be: S
3.09
EJCDC® C‐510, C‐550, C‐625, C‐940, C‐941, C‐942 (2013 Edition) and Exhibit E of E‐500 Other (specify and attach example): EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 4 of 13 3.10
Division 01 Specifications will be (form of Division 01 Specifications to coordinate closely with the General Conditions selected): Engineer’s standard Division 01 Specifications, plus customized Division 01 Specifications for this Project by Engineer Owner’s standard Division 01 Specifications (attach), plus customized Division 01 Specifications for this Project by Engineer Other (specify and attach example): 3.11
Division 02‐49 Specifications will be (Specifications to coordinate closely with the General Conditions and Division 01 Specifications selected): 3.12
Organization of Project Manual: L
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Engineer‐provided Division 02‐49 Specifications Owner’s standard Division Specifications (attach), plus customized Div 02‐49 Specifications for this Project by Engineer Other (specify and attach example): 4 . BIDDING REQUIREMENTS P
CSI MasterFormatTM (current 50‐Division format) CSI MasterFormatTM 1995 (16‐Division format) Other (specify and attach example): This section pertains to the Advertisement or invitation to bid, Instructions to Bidders, Bid Form, and Qualifications Statement, if any. Owner’s directions regarding bid security are documented in EJCDC® C‐
051 and EJCDC® C‐052. 4.01
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The method of selecting the Contractor(s) shall be: Competitive Bidding that is: Open By invitation only by Prequalified Bidders only Other (specify): a.
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Negotiation with: A single contractor Multiple contractors Other (specify): Date and time for receipt of Bids: (specify): Will be determined later by Owner Shall be determined by Engineer b.
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4.03
Place of receipt of Bids: Owner’s office (specify location): EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 5 of 13 Engineer’s office Other (specify): 4.04
Public Bid Opening: 4.05
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a. Bids shall be publicly opened and read aloud: Yes No b. Location and time of opening: c. Bids results will be made available to construction information subscription services and Yes No plan rooms: Owner Engineer By: d. Not sooner than days after the opening of Bids Private Bid Opening: P
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a. Bid tabulation to be furnished to Bidders Yes No Owner Engineer By: b. Bids to be made public: Yes No Owner Engineer By: c. Bids results will be made available to construction information subscription services and Yes No plan rooms: Owner Engineer By: d. Not sooner than days after the opening of Bids 4.06
Advertisement Logistics (leave blank if no Advertisement or Invitation to Bid): Advertisement to be prepared by: Owner Engineer Advertisement to be placed by: Owner Engineer Advertisement cost to be paid by: Owner Engineer A
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4.07
Name of publications, plan rooms, construction information subscription services, and other locations where Advertisement is to be placed: S
4.08
Copies of the Bidding Documents may be made available in plan rooms, construction Yes No information subscription services, online: If yes, locations/entities will be: Designated by Owner Selected by Engineer Same as indicated above for advertisement publication Available in electronic form On CD Website Other EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 6 of 13 4.09
The Issuing Office will be: Owner Engineer Other (specify): 4.10
The Issuing Office may distribute list of holders of the Bidding Documents to inquiring entities: Yes No Prequalification of Bidders (this item refers to accepting Bids only from Bidders that have been prequalified by Owner; leave blank if not used): E
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a. Prequalification of Bidders: Yes No b. Potential Bidders to submit applications for prequalification to: Owner Engineer c. Applications for prequalification are to be received by: Prior to opening of Bids Bid opening date (e.g., qualifications statement required, but no formal prequalification process) d. Prequalification applications to be evaluated by: Owner Engineer e. Additional Requirements Regarding Prequalification: 4.12
In addition to an original, signed Bid, the Owner requires the following documents: A
4.13
Withdrawal of Bids/Bids to Remain Subject to Acceptance: S
a. Bids may not be withdrawn by Bidders for the following period after the opening of Bids: 60 days 90 days [specify] No b. Bids may be withdrawn after opening of Bids: Yes c. If yes, within days after the opening of Bids only for the following reason(s): EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 7 of 13 4.14
Owner’s reasons for not accepting a Bid include: Bidder’s contractor license number or similar identification not indicated on envelope containing Bid Bid omits required document(s) or bid security Bid Form is modified by the Bidder Bid contains conditions or exceptions of any kind Other (specify): 4.15
Attached are Owner’s requirements for: L
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Statutory provisions for the Bidding Requirements Pre‐bid conference Mandatory Not mandatory Special Instructions to Bidders regarding Site visits and subsurface explorations/testing by Bidders Other (specify): The Bid Form will include provisions for “price‐plus‐time” (“A+B”) bidding: Yes No Amount per day for evaluating time as bid: Amount equal to liquidated damages amount specified in Owner‐Contractor Agreement Other (specify): $ The following alternate bid items will be incorporated into the Bid Form and other Bidding Documents: M
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4.18
Allowances S
Contingency allowance(s), as follows: $ for $ for Cash allowance(s), as follows: $ per (unit) for $ per (unit) for Owner’s employee(s) empowered to authorize use of allowances: Form for authorizing use of allowance(s): CSI Form 02‐4A, Allowance Authorization Other (specify): , attached. EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 8 of 13 4.19
Bid tabulation will be completed by: Owner Engineer 5 . CONTRACTING REQUIREMENTS This section pertains to the Owner‐Contractor Agreement, General Conditions, and Supplementary Conditions. Owner’s directions regarding the Contractor’s insurance and required contract security are documented in EJCDC® C‐051 and EJCDC® C‐052. 5.01
Contract Times: The Work shall be substantially complete: E
[calendar] [working] days after Contract Times commence to run. By [date] In the number of [calendar] [working] days stipulated by the Bidder in the Bid Form. (Owner’s preference to be noted in the Instructions to Bidders is: [calendar] [working] days.) 5.02
Contract Times: Milestones: P
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Milestone 1 (Milestone name or identifier): By [calendar days] [working days] [date] for (Owner milestone): [Number of days or date] Milestone 2: (Milestone name or identifier): By [calendar days] [working days] [date] for (Owner milestone): [Number of days or date] Milestone 3: (Milestone name or identifier): By [calendar days] [working days] [date] for (Owner milestone): [Number of days or date] Contract Times: The Work shall be complete and ready for final payment: M
5.03
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[calendar] [working] days after Contract Times commence to run. By [date] In the number of [calendar] [working] days stipulated by the Bidder in the Bid Form. (Owner’s preference to be noted in the Instructions to Bidders is: [calendar] [working] days.) 5.04
Contract Times: Preliminary Progress Schedule: S
Days or dates in Paragraphs 5.01 through 5.03, above, shall be incorporated in a schedule included in the Bidding Documents and the schedule shall be prepared by: Owner Engineer Owner’s program manager (specify): 5.05
Liquidated Damages: Include Do not include a.
b. Liquidated damages shall be assessed in the amount of $ per day for each calendar day required to achieve Substantial Completion, and $ (if any liquidated damages are to be assessed) per day for each day required for readiness for final payment, and $ for each day for Milestones (if any) beyond the dates set forth in the EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 9 of 13 Owner‐Contractor Agreement, subject to agreed‐on adjustments. (Attach basis for determination of liquidated damages amount(s).) Liquidated damages incurred will be cumulative when more than one milestone is not c.
achieved within the associated Contract Time(s) (atypical). 5.06
Incentive/Disincentive Provision (e.g., bonus/penalty): 5.07
Other Damages Provisions (check when applicable): per day. E
a. Will there be an incentive/disincentive provision? Yes No b. If yes, incentive/disincentive provision will be in the amount of $ Language for incentive/disincentive provision will be prepared by: Owner Engineer L
Special Damages for engineering and inspection costs incurred by Owner Special Damages, Other (specify): Attach basis for other special damages. Performance Damages (specify): Attach basis for performance damages. 5.08
If a Contract is awarded, construction at the Site may commence: P
Upon the Effective Date of the Contract and delivery of evidence of insurance acceptable to Owner Upon, but not before, receipt of a Notice to Proceed executed by Owner Not earlier than days after award of the contract Other (specify): Contractor’s Applications for Payment will be paid by Owner as follows: M
5.09
By the day of each month Other (specify): For Paragraph 5.09, above, to apply, Contractor’s Applications for Payment must be received by Owner days before payment is due. 5.11
Interest on late payments by Owner to Contractor will be paid at the rate of annum. 5.12
Retainage (often regulated by statute): S
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5.10
% per a. Until Substantial Completion, retainage from progress payments to Contractor shall be: % of each payment for completed work and % for stored materials % of each payment until the Work is 50% complete (and % for stored materials), after which remaining partial payments shall be paid in full without reduction of previous retainage. % (user‐defined): b. Upon Substantial Completion, retainage shall be reduced to: % EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 10 of 13 $ plus % of Engineer’s estimate of the value of Uncompleted Work. c. Retained amounts will be paid into an escrow account in a financial institution chosen by Contractor and approved by Owner, the interest earnings from which shall accrue to the Yes No benefit of Contractor: d. Where basis of payment is Cost of the Work, will retainage be held on Contractor’s fee?
Yes No 5.13
Resource Data: Drawings of existing conditions at the Site (typically indicate title of drawings, date, and design professional; specify “Technical Data”): “Technical Data” upon which Bidders and Contractor may rely (if any) E
Drawing Title 5.14
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Resource Data: Reports of subsurface conditions at the Site (typically indicate title of report and date, and geotechnical engineer name; specify “Technical Data.” Also indicate if Owner intends to use a Geotechnical Baseline Report for the project.): M
5.15
“Technical Data” upon which Bidders and Contractor may rely (if any) P
Report Title Resource Data: Reports, drawings, and other resource data on existing Hazardous Environmental Condition at the Site (typically indicate title of report, date, and name of firm that prepared the report; specify “Technical Data”): A
Report/Drawing/Resource Data Title S
“Technical Data” upon which Bidders and Contractor may rely (if any) 5.16
Resource Data: Other information about the Site of which Bidders and Contractor should be aware: EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 11 of 13 5.17
If multiple prime contracts are to be utilized, the activities of the Contractors will be coordinated by: Owner’s own forces Designated coordinating Contractor Others under contract with Owner (specify): When alternative dispute resolution procedures are used (refer to Article SC‐17 of EJCDC® C‐
800, Guide to the Preparation of Supplementary Conditions (2013 edition)), the following will be incorporated into the Contract: 5.19
Attached are Owner’s requirements for: E
5.18
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Archeological/environmental mitigation conditions Equal employment opportunity requirements (MBE/WBE/DBE) Funding/financing entity requirements Escrow of retainage Exchange of electronic data Extended warranties Required Lien waivers Limited access to Site during construction Maintaining operations of existing facilities during construction Monthly affidavits (e.g., certified payrolls, certifications of disbursements of prior payments, etc.) Other, related contracts, not in this Project Owner’s current safety program (e.g., confined space entry notification procedures, lockout/tagout procedures, etc.) with which Contractor must comply Procedures for Site access/site security procedures Phased occupancy Phasing or sequencing of specific elements of the Work Project labor agreement Post‐construction operations Special time periods during which Contractor cannot perform construction Statutory provisions for the Supplementary Conditions Tax exemption information Wage rates applicable to Contractor’s Work State or Commonwealth Federal (Davis‐Bacon) Other (specify): Work by Owner’s own forces Other (specify): Other instructions: 5.20
EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 12 of 13 Owner: By: Title: Phone: E‐mail: Fax: Date: S
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EJCDC® C‐050, Bidding Procedures and Construction Contract Documents. Copyright © 2013 National Society of Professional Engineers, American Council of Engineering Companies, and American Society of Civil Engineers. All rights reserved. Page 13 of 13