HomeMy WebLinkAboutUntitled CITY OF
OAK PARK HEIGHTS
s~ 14168 North 57th Street • P.O. Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574
I
I
I City of Oak Park Heights
Valley View.Park Boardwalk and Trail
Specifications
II May 2000
I
I INDEX
Index
I Advertisement for Bid
Information to Bidders
Proposal
I Special Provisions
Submittals
Protection and Adjustments of Structures
IClearing and Grubbing
Excavation and Embankment
Subgrade Preparation
IAggregate Base
Plant Mixed Bituminous Pavement
I Boardwalk Construction
Storm Sewer Construction
Restoration and Turf Establishment
ii. Conditions of the Contract
I hereby certify that this plan and specification was
prepared by me or under my direct supervision and
Ithat I am a duly Registered Professional Engineer
under the laws of the State of Minnesota.
J on, P.E.
Date: Mav 1.52000 Reg.No. 14915
I Tree City U.S.A.
I
CITY OF
OAK PARK HEIGHTS
A - • 14168 North 57th Street • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:-651/439-4439 39=4439 • Fax:651/439-0574
ti
I
1
";-
ADVERTISEMENT FOR BIDS
I
Sealed bids will be received by the City of Oak Park Heights,Minnesota in,the.City Hall at
14168 Oak Park Boulevard North(formerly 14168 57th Street North)until 1:00 P:1c C.D.S:T.,
I
on Wednesday June 7, 2000, at which time they will be publicly opened and read aloud for the
furnishing of all labor and materials and all else necessary for the following:
I
_ - Valley View Park Boardwalk and Trail Project consisting of the following approximate
quantities:
ITrail Construction:
200 SY Clearing and Grubbing (over abandoned road in wetland)
I - 400 CY Common Excavation
I,300 SY Subgrade Preparation
210 TN Class 5 Gravel Placed and Compacted for Trail in Prairie
150 TN Bituminous Wear Course,Type 41A(8 Foot Prairie Trail)
. 189 FT 12 inch RCP Stormwater Pipe ,
2 EA 4 foot Diameter Drop.Manhole
EA Reinforced Concrete Surge Basin for 12 inch Pipe
Ii
5 CY Class IV Rip Rap placed around Surge Basin ,
- 450 SY Wood Fiber Blanket _ .
500 LF Silt Fencing
I
Boardwalk Construction:
300 SY Clearing and Grubbing (over abandoned road in wetland)
I 20 EA 6 feet wide by Wooden Boardwalk Sections (12',.14' and 16' lengths)
21 EA Constructions and Placement of Support Structures for Boardwalks
I
, 10 CY Rip Rap Class III around support structures
Plans and specifications,proposal forms and contract documents may be seen at the office of the
1 City Administrator, 14168 Oak Park Boulevard N., Oak Park Heights, Minnesota 55082(651-
439-4439).
IEach bid shall be accompanied by a bidder's bond naming the City of Oak Park Heights as
obligee, certified check payable to the City of Oak Park Heights or a cash deposit equal to at
least five percent(5%) of the amount of the bid. The bidder's bond shall be forfeited to the City
1 in the event that the bidder fails to enter into a contract.
I
I Tree City U.S.A.
Advertisement of Bids
City of Oak Park Heights
' Valley View Park Boardwalk and Trails
June 2000
' The City Council reserves the right to retain the deposits of the three lowest bidders for a period
not to exceed forty-five (45) days after the date and time set for opening of bids. No bids may be
withdrawn for a period of forty-five(45)days after the date and time set for the bid opening.
Payment for the work will be by check.
' Contractors desiring a copy of the plans and specifications and proposal forms may obtain them
from the City of Oak Park Heights,upon the payment of a non-refundable fee of$40.00. See
"Information to Bidders"for plans/specification fee policy.
' The City Council reserves the right to reject nay and all bids,to waive irregularities and
informalities therein and further reserves the right to award the contract in the best interest of the
City.
Thomas Melena, City Administrator
City of Oak Park Heights
1
1
1
1
1
1
' Information to Bidders
Valley View Park Boardwalk and Trails Projects
1. BID PROPOSAL: Each planholder has been furnished a specification,plan set
and one extra proposal. Bids shall be submitted on the separate Proposal Form
' designated"Bid Copy". The Proposal containing the bid shall be submitted in a
sealed envelope labeled"Valley View Park Boardwalk and Trail".
2. PLAN AND SPECIFICATION POLICY: Plans and specifications are available
on a non-refundable,per plan basis,with all contractors and vendors being
charged$30 per plan set as stated in the Advertisement for Bids. Additional plan
sets can be obtained at a cost of$40 non-refundable per plan set.
' 3. INDIVIDUAL DRAWINGS AND SPECIFICATIONS: Individual drawings can
be obtained at a cost of$5.00 per sheet and additional copies of the specifications
can be obtained for$15.00 per copy. These cost are non-refundable.
' 4. BID TABULATIONS: Planholders submitting a bid will be mailed, faxed or
emailed a Bid Tabulation. Planholders not submitting a bid may purchase a copy
' of the Bid Tabulation for five dollars ($5.00).
1
i
1
, ..,., CITY OF
OAK PARK HEIGHTS
,t,' -=-•.- 14168 North 57th Street • P.O.Box 2007 • Oak Park Heights,MN 55082-2007 • Phone:651/439-4439 • Fax:651/439-0574
Proposal
Valley View Park Boardwalk and Trail Project
City of Oak Park HeightsMinnesota J - _
MAY 2000
ii.
Bidder: - Total Bid
Contact Name: Telephone No.:
Address: Fax No.:
City: E-mail:
State&Zip: r
... Opening Time: 1:00 F.M. CD.S.T. - - .
Opening Date:,Wednesday, June 7,2000
Opening Location:Oak Park Heights City Hall
Honorable City Council .
City of Oak Park Heights . - -
14168 Oak Park Blvd. -
Oak Park Heights,MN 55082 ,
Mayor and City Council:
I
The undersigned,being familiar
with your local conditions,having made all field inspectionsand.
investigations deemed necessary,having studied the plans and specifications for the Valley View
IPark Boardwalk and Trail Project to include Addenda Nos. " and being familiar with
all factors and other conditions affecting the work and cost thereof,hereby proposes to furnish all
labor,tools,materials, skills, equipment, and all else necessary to completely construct the project
Iin accordance with the plans and specifications for the following unit prices:
No. Item Units Quantity Unit Price Total Price
I Trail
1 Clear and Grub(10'wide thru LS 1 $ $
I wetland to boardwalk est.200SY)
2 Common Excavation for trail ` CY 400 $ $
3 Subgrade Preparation for trail SY 1300 ' $ $
I
I Tree City U.S.A.
tCity of Oak Park Heights
Valley View Park Boardwalk and Trail
I
Proposal
Page 2 of 4
No. Item Units Quantity Unit Price Total Price
4 Class 5 Gravel in place for trail TN 210 $ $
base, 10 foot wide in Prairie, 8
I
foot wide thru wetland
5 Bituminous wear course,Type TN 150 $ $
41A, 8 foot wide in Prairie, 6-foot
U
wide thru wetland
6 Replace top soil over Class 5 to SY 400
edge of bituminous and other areas
I disturbed by the trail construction.
Storm sewer
7 4' Dia. MH 15 feet deep with 3 EA 1 $ $
I foot sump&Neenah R 2560-G
Beehive Grate in place
8 4' Dia. MH 12 feet deep with R- EA 1 $ $
I 1642-B casing in place
9 12 ' RCP, CL5,2'-12' deep in LF 189 $ $
place
I10 Reinforced Concrete Surge Basin EA 1 $ $
for 12 in RCP in place
Rip Rap Class III, around surge CY 5 $ $
Iii basin outlet
12 Geo-Textile Beneath Surge Basin SY 24 $ $
and Rip Rap _ _
I
13 Place topsoil over disturbed area. SY 450
14 Wood fiber blanket erosion control SY 450 $ $
I over storm sewer
Boardwalk Construction $ $
15 Clear and Grub along abandoned LS 1 $ $
I roadway for boardwalk(est. 300
SY)
16 Prepare Subgrade for supports EA 21 $ $
I 17 Place and compact Class 5 Gravel TN 20 $ $
for boardwalk supports
18 Place Concrete Conduits for EA 14 $ $
I supports 12.5"X17" Conduit
19 Place Concrete Conduits for EA 14 $ $
Supports 15"X19" Conduit
I 20 Place Concrete Conduits for EA 4 $ $
Supports 15"X19" Stacked Conduit
I
I
I
ICity of Oak Park Heights
Valley View Park Boardwalk and Trail
I
Proposal
Page 3 of 4
I No. Item Units Quantity Unit Price Total Price
21 Adjust height of supports using EA 4 $ $
2"X6"X8' CCA treated boards
I
22 Adjust height of supports using EA 6 $ $
4"X6"X8' CCA treated timbers
23 Adjust height of supports using EA 4 $ $
I
6"X6"X8' CCA treated timbers
24 Place Rip Rap Class III around CY 10 $ $
I supports near channels
25 Construct and install 6' wide X EA 16 $ $
14' Boardwalk sections with toe
I boards
26 Construct and install 6' wide X EA 2 $ $
14' Boardwalk sections with
I railings
27 Construct and install 6' wide X EA 1 $ $
12' Boardwalk sections with
I railings
28 Construct and install 6' wide X EA 1 $ $
16' Boardwalk sections with
I railings
29 Silt fencing LF 500 $ $
30 Traffic Control on 56th Street and LS 1 $ $
IPeller Ave.
31 Mobilization and de-mobilization LS 1 $ $
Total Bid $
IFor purposes of awardingthe contract the low bidder will be determined bymultiplyingthe
quantities stated above by the unit prices bid. The final amount of the contract shall be determined
I
by multiplying the final measured quantities of various items actually constructed and installed by
the unit prices shown above, in the manner prescribed in the specifications.
IAccompanying this bid is a bidder's bond, certified check, or cash deposit in the amount of
$ ,which is at least five percent(5%) of the amount of my/our bid made payable to
I the City of Oak Park Heights, and the same is subject to forfeiture in the event of default on the
part of the undersigned or failure on the part of the undersigned to execute the prescribed contract
and bond within fifteen(15) days after receiving the contract.
IIn submitting this bid the following is understood and agreed upon by the undersigned:
1. The City of Oak Park Heights retains the right to reject any and all bids and to waive
I irregularities and informalities of any bid and to award the bid in the best interest of the
City of Oak Park Heights.
2. Payment for the contract will be by check.
I
I
' City of Oak Park Heights
Valley View Park Boardwalk and Trail
' Proposal
Page 4 of 4
3. Bids may not be withdrawn for a period of 45 days after the date and time set for the
opening of bids.
4. The City retains the right to hold the bidder's bond,certified check or cash deposit of
the three lowest bidders for a period not to exceed 45 days after the date and time set
for the opening of bids.
Respectfully submitted,
(A Corporation)
Name (An Individual)
(A Partnership)
' Signer
Title
Printed or Typed Name of Signer
1
1
1
' City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
SPECIAL PROVISIONS
' INDEX
' 1. Project Description
2. Owner
' 3. Completion Date
4. Liquidation Damages
5. Soil Conditions and Area Inspection
' 6. Utilities
7. Traffic
8. Construction Limits and Environmental Sensitivity
' 9. Topsoil Stripping and Respreading
10. Specification References
11. Tests
' 12. Scale
13. Preconstruction Conference
14. Quantity Deviations
15. Site Survey and Support Locations
16. Award of Contract
17. Equal Opportunity And affirmative Action Compliance
'
18. Out-Of-State Contractor Surety Deposit
19. Certificates of Compliance with MN Statutes 290.92 &290.97
1
1
1
VV Boardwalk Special Provisions 1 of 7
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
1. PROJECT DESCRIPTION: This project consists of constructing a 280-foot long '
wooden boardwalk across the Perro Pond wetland. The boardwalk extends from
the end of 56th Street North to Valley View Park along an abandoned farm road.
The boardwalk will be constructed in 6-foot wide sections having lengths of
12,14, and 16 feet. The sections will be supported on 6X6 timbers cribs (filled
with Class II Rip Rap) and on various sized concrete culverts. The project will
consist of clearing the areas where supports are to be constructed. Compacting
and adjusting base material. Constructing support structures. Constructing twenty
(20)boardwalk sections and attaching them to the support structures. Railings
will be constructed along the boardwalk whenever the walking surface is equal to
or greater than 30 inches above the ground.
The area of construction is seasonally flooded during large rainstorms and when
the beaver dam is allowed to be completed. Construction activities are limited to
a narrow strip along the abandoned roadway (12 to 14 feet in width). Access will '
be from 56th Street North for the eastern portion of the project. Access to the
western portion of the project will be through Valley View Park along the path of
a future trail leading to the boardwalk. No construction equipment will be '
allowed to traverse the central channel connecting the wetland to the north with
Perro Pond.
2. OWNER: The City of Oak Park Heights is designated as the Owner. All work is
within a public park and through a DNR protected wetland. All work will be
coordinated with Mr. Jay Johnson,the Public Works Director. The Public Works
phone number is 651-439-4439 during office hours from 8:00A.M. to 4:30 P.M.
3. COMPLETION DATE: It is expected that the contractor will begin work within
three following Award of contract by the City Council,which is scheduled for
May_, 2000. Project completion is required by June 30, 2000.
4. LIQUIDATED DAMAGES: Liquidated damages as specified in the Conditions
of the Contract shall be Two Hundred Dollars ($200.00)per calendar day for each
specified completion date.
5. SOIL CONDITIONS AND AREA INSPECTION: All prospective bidders are '
advised to inspect the entire project area prior to submitting, in their own minds,
the existing condition of the abandoned roadbed and the vegetation which has
overgrown the roadbed. The area of construction is a former gravel road. During
1998 and 1999 the roadway was submerged due to construction activities of the
resident beavers. Currently,the beaver dam has been breached and will be
maintained in this condition throughout the project. It shall be the sole
responsibility of the Contractor to determine soil and water conditions prior to
submitting a bid.
VV Boardwalk Special Provisions 2 of 7
' City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
1
' 6. UTILITIES: No City owned utilities exist within the construction area. The
contractor should expect to find telephone lines, electric lines, gas mains,and
cable television lines.
Prior to anyexcavation in the area of this project,p sect,the Contractor shall verify the
exact location and depth of any utilities. Locations and information can be
obtained by calling the following:
' Utility Locations
Gopher State One Call 651-454-0002
' Utility Contacts
' Enron Corp. (Northern Natural Gas) John Nelson 651-674-4488
N.S.P Electric B.J. Grant 651-779-3135
N.S.P. Gas Dave Stillman 651-229-2589
' U.S. West Telephone
Media One Cable TV Tim Lange 651-221-5359
Pat Wagner 612-531-4438
City of Oak Park Public Works Jay Johnson 651-439-4439
The Contractor must exercise care and caution when working near all utility lines
' either buried or above ground. The Contractor must coordinate the relocation
and/or protection of all existing facilities and any cost for such work shall be the
responsibility of the Contractor.
' 7. TRAFFIC: The Contractor shall be responsible for all traffic control and shall
have sufficient and adequate directions and warning signs on the project at all
times to minimize the inconvenience to all. Traffic control devices and methods
shall conform to the requirements of the latest edition of the Minnesota Manual
on Uniform Traffic control Devices and the April, 1995 Field Manual for
' temporary Traffic Control Zone Layouts. These devices may include, but are not
limited to, flashers, "Road Work Ahead"and"Trucks Hauling"signs and other
devices asby the Public Works Director.
The abandoned areadirected of 56thStreet shall be used for construction staging and
parking. No parking or construction equipment will be permitted to be staged,
stored,or parked on the public streets.
It shall be the responsibility of the Contractor to clean and maintain adjacent
' streets, which may become dirty from the construction activity. Payment for that
work shall be at the bid unit price for skidsteer and power broom included in the
Proposal for the actual time spent cleaning and sweeping the area. Payment for
VV Boardwalk Special Provisions 3 of 7
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
111
hourly used of either the skidsteer or power broom shall include the operator. If
the Contractor is careless in their operations,they will be required to sweep and
clean the street at their own expense, as directed by the Engineer.
All flagmen,barricades,flashers, and safety measures are the sole responsibility ,
of the Contractor. The Contractor is advised that they are responsible for
continuous traffic control throughout all phases of work, including all activities of
the subcontractors. All cost related to traffic control and warning shall be
included in the Lump Sum bid item.
8. CONSTRUCTION LIMITS AND ENVIRONMENTAL SENSITIVITY: This 1
project is within a DNR protected wetland and a city park. No activity will be
allowed outside the existing roadbed. No activity will be allowed and no I
construction equipment may cross the central channel from the wetlands on the
north side of the project site to the pond/wetland on the south side of the project
site. Access to the eastern side of the site will be limited to 56th Street North. t
Access to the western side will be through Valley View Park along a designated
path through the"Prairie Restoration Area". The path will be constructed by the
Owner to the start of the project under a support contract. No traffic will be '
allowed off of the designated path within the "Prairie Restoration Area". The
entire project area is considered environmentally sensitive. Disturbance of the
soils within the area will be limited to only those areas to be cleared for
construction of support structures and access to those sites.
Restroom facilities are available at the upper portion of Valley View Park. ,
Portable toilet facilities will be provided and maintained at the Contractor's
expense for all project personnel. Portable toilet facilities shall be located on the
abandoned portion of 56th Street North.
The area to be disturbed by this project is less than the 5 acres which triggers an
MPCA Storm Water Permit. While an MPCA permit is not required,the City will
require erosion control around stockpiles and on steep slopes. Fiber blanket
erosion control material will be applied over the steep slopes disturbed during the
storm sewer construction.
9. TOPSOIL STRIPPING AND RESPREADING: All areas disturbed by
construction, installation, and backfilling operations necessary to complete this
projects shall be stripped of all topsoil. During the topsoil removal process the
Contractor shall carefully remove the topsoil layer and place it at the stockpile
locations specified by the City. Stockpiling shall be accomplished in a manner
that prevents the mixing of the topsoil with other soils. After trail and stormsewer
installation the Contractor shall respread the salvaged topsoil uniformly over the
disturbed area.
1
VV Boardwalk Special Provisions 4 of 7
' City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
All cost associated with stripping, salvaging, and stockpiling and respreading
' topsoil shall be considered incidental to the project.
10. SPECIFICATION REFERENCE: Where referenced is made to the Minnesota
' Department of Highway Specifications and where reference to the word
Department"is mentioned, it is understood to that the word"Owner"is
' substituted. All reference to the word"Engineer"shall be substituted with
"Public Works Director".
' 11. TEST AND INSPECTIONS: The Owner shall pay for all material and density
tests required in the specification. The Contractor will be responsible to assist the
Public Works Director by notification of the pit and scale location and other
' correlated items in advanced of starting work. If any test fail to meet the
specifications,the Contractor shall reimburse the Owner for the cost of all
subsequent tests to ensure compliance with the specifications. The Owner will be
' making periodic inspections of the work site and any off site location where
construction activities related to the project are performed. Contractor will assist
the owner in gaining access to off site locations to inspect the work in progress.
' The Contractor will provide the Owner a minimum of 24 hour advanced notice
when each phase of the project is ready for an inspection.
12. SCALE: The Contractor shall provide the necessary scale and scalep erson for
weighing the items furnished on a ton basis under these specifications. The scale
' setup is subject to the approval of the Public Works Director. The Contractor
shall provide the necessary weights used in testing the scale.
' All materials furnished to this project on a ton basis shall have an assigned weight
ticket with the following information on each ticket.
' 1. Date
2. Ticket Number
3. Supplier or pit locations
' 4. Project name
5. Truck ID
6. Type of material
7. Gross, tare, and net weights.
Copies of all weight tickets must be provided to the Public Works Director upon
his request.
12. PRECONSTRUCTION CONFERENCE: Prior to starting work,the Contractor
shall meet with Owner to discuss the method and means of supply, a work
schedule as to construction phases, and general review of the plans and
specifications.
VV Boardwalk Special Provisions 5 of 7
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
13. QUANTITY DEVIATIONS: The quantities for certain items listed in the ,
Proposal are the Engineer's best estimate of the required quantities. The
quantities stated are not guaranteed and the actual extent of work to be performed
will depend on site conditions at the time of construction. Class 5 aggregate, Rip
Rap, and excavation quantities are more likely to vary than other items. The
Owner prior to construction will confirm the quantities for each size of culvert
and each length of deck section.No unit price adjustment for any magnitude of
increased or decreased quantities is allowed for any line item stated in the
proposal. ,
14. SITE SURVEY AND SUPPORT LOCATIONS: Prior to construction the Owner
will provide an elevation benchmarks on site and stake the locations for each 1
support.
15. AWARD OF CONTRACT: Only one award will be made that being the low ,
combined total of all work from the low responsible bidder stated as Total Base
Bid. All Contractors are advised that the normal bidding procedure for Oak Park
Heights projects is to receive bids on Thursday and to award the project on the
following Tuesday at the normal scheduled City Council meeting. The award of
made may be delayed at the pleasure of the City Council.
No additional cost will be allowed or considered for additional costs related to the
any delay in the project.
16. EQUAL OPPORTUNITY AFFIRMATIVE ACTION COMPLIANCE: The City
of Oak Park Heights is an Equal Opportunity and Affirmative Action employer.
The contractor with the City is required to follow and conform to applicable
federal, state and City laws as they apply to the Contractor's duty for Equal
Opportunity and Affirmative Action employment. It is the Contractor's
responsibility to insure compliance with Equal Opportunity and Affirmative
Action requirements. Failure to comply with applicable Equal Opportunity and
Affirmative Action employment requirements may lead to Contractor sanctions.
17. OUT-OF-STATE CONTRACTOR SURETY DEPOSIT: When an Out-of State
Contractor enters into a contract that exceeds $100,000.00;the Contractor must
file Form SD-E,Exemption from Surety Deposits for Out-of State Contractors,
with the Minnesota Department of Revenue. It the Contractor is exempt from the
surety deposit requirements,he shall provide the City with a copy of the form ,
showing the Revenue Department certification. If the Contractor is not exempt,
the City will withhold an additional eight(8)percent of each payment made to the
Contractor and forward those funds to the Minnesota Department of Revenue.
Forms and information can be obtained by calling(651)296-6181 or(toll free) 1-
800-657-3777.
VV Boardwalk Special Provisions 6 of 7 I
' City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
I
18. CERTIFICATES OF COMPLIANCE WITH MINNESOTA STATUTES 290.92
' &290.97: Upon completion of the project and prior to final payment the
contractor and all subcontractors shall complete Minnesota Department of
Revenue Revised Form IC-134. This form,Affidavit for Obtaining Final
' Settlement of Contract with the State of Minnesota and any of its Political or
Governmental Subdivisions,is to be signed by the Department of Revenue
representative and forwarded to the City of Oak Park heights. Copies of this form
' can be obtained by writing to the Minnesota Department of Revenue,Forms
Section, Centennial Office Building, St. Paul,Minnesota 55145 or calling(651)
297-3737,
1
i
1
i
1
' VV Boardwalk Special Provisions 7 of 7
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
SUBMITTALS 1
1. SUBCONTRACTOR LIST: Prepare and submit a complete list of all
subcontractors, including the subcontractors' names, business addresses,
telephone number, and contacts prior to or at the pre-construction '
meeting. The subcontactor's list should also include the proposed
material suppliers including class 5 gravel and rip rap sources. If the
boardwalks are to be constructed off site the construction location should
be listed along with contacts and telephone number of the site.
2. PROJECT SCHEDULE: Prepare and submit an estimated project
schedule, prior to or at the pre-construction meeting, indicating the
planned start and completion dates for each project element. At a
minimum the project schedule should include: mobilization, boardwalk
section construction, storm sewer construction, trail grading, trail
1
installation, boardwalk support structure construction, placement of
boardwalks, and site restoration. The Owner will prepare an inspection
schedule based on the Contractor's project schedule. Project and
inspection schedules will be updated on Monday on each week.
3. SHOP DRAWINGS AND PRD
O UCT DATA.. If shop drawings are
produced for an alternate design of the boardwalk, five copies of the shop
drawings will be submitted for review and approval by the owner. Make
all shop drawing accurately to a scale sufficiently large to show all
pertinent details.
4. PAYMENT: Payment for all submittals shall be incidental to the cost of
the project.
1
1
Valley View Park Boardwalk and Trail 1 of 1
Submittals I
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
' Protection and Adjustment of Structures
Protection of Structures: The Contractor will be responsible for the protection of all
' structure from damage from any construction activity,to include but not limited to,rough
and final grading.
' Adjustment of Manhole Frame: Upon final grading the stormsewer manhole and frame
will be adjusted such that the top on the manhole is a minimum of 0.1 feet and a
' maximum of 0.2 feet above final grade at the highest point of final grade surrounding the
frame. The final grade and manhole frame elevation will be subject to approval by the
Engineer.
Adjustment of Bee Hive Catch Basin: The bee hive catch basin located at the edge of the
abandoned railroad bed will be adjusted such that water will flow into the catch basin
' from all directions.
Payment: Payment for adjustments will be included in the price of the manhole.
1
1
1
Protection and Adjustment of Structures 1 of 1
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Clearing and Grubbing
Description: This work shall consist of cutting of brush,trees, loose stumps and
windfalls,removing roots and stumps from the ground and disposing of the resultant
debris in accordance with Mn/DOT Specification 2101.
Clearing Limits: Clearing and grubbing will be limited to the minimum area necessary to
complete the installation of the boardwalk,trail and storm sewer. No clearing or
grubbing will be permitted in outside of the limits of the abandoned roadbed through the
111
wetland area.
Tree Protection: The path construction will pass within 20 feet of a large Oak tree that is '
to be protected from construction damage. The Engineer will clearly mark the tree prior
to construction. If the contractor deems that that branches of the trim are to be trimmed
to prevent construction equipment form causing any damages the trimming must be
performed by a licensed tree trimmer,with the approval of the City Arborist,and all cut
surfaces will be sealed immediately to minimize the threat of Oak Wilt. Any accidental
damage to an Oak tree will be immediately (within one hour of the damage)trimmed and
111
sealed.
The root zones of trees will be protected. Driving over,parking of equipment, storage of
materials or otherwise compacting, or crushing the root zones of trees will be prohibited
except within the limits of the trail and the stormsewer excavation. As much as possible
the trail route will be used for movement of equipment. I
Brush: All brush shall be cut even with the ground surface. Brush shall be construed to
be all brush, shrubs, or other vegetation which can be cut with a brush scythe, as well as
trees having an average diameter of less than four(4)inches at a point 2 feet above the
ground.
Grubbing: Stumps and roots shall be removed from all cleared ,
P area. All depressions
below the final surface of the ground,resulting from the grubbing operations, shall be
backfilled and compacted with approved material.
Disposal: All timber,brush, stumps and all debris will be disposed of in a licensed
recycling facility for organic material and at a licensed offsite construction material
landfill for non-organic material.
Payment: Payment for clearing and grubbing will be lumps sum as shown in the ,
proposal.
1
1
Clearing and Grubbing 1 of 1
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Excavation and Embankment
1
Description: This work shall consist of shaping and grading to the trail route through the
' prairie area and removal of the loose material above the abandoned roadbed through the
wetlands.
' Prairie Trail Common Excavation: Common excavation on the prairie portion of the trail
will consist of the removal of soil over the 10 foot wide trail right of way. The soil will
' be excavated to 6 inches of depth at the downhill limit of the excavation. The bottom of
the excavation shall be essentially horizontal for the 10 foot width of the trail.
' Wetland Trail Common Excavation: Soil removal along the wetland portion of the
excavation will be 8 foot in width and only to remove loose material which has
accumulated above the abandoned roadbed. Excavation will stop upon exposure of the
road gravel.
Storage of Excavated Material: Topsoil from the excavation will be stockpiled in
' designated locations in sufficient quantity as needed to restore disturbed areas and for the
path shoulders along the wetland portion of the trail. Excess material will be disposed of
on site as specified by the engineer. In general the disposal sites will be along the
' abandoned railroad bed near where it intersects with trail and at a site approximately 500
feet south of this location.
' Drainage of Excavation: The Contractor shall be responsible for all drainage of
excavated areas and sub-cuts and shall provide and maintain all permanent and temporary
drainage channels,ditches, drainage swales, and/or culverts required within the project
area as incidental to the work.
Inspection: If the contractor encounters soft soils that will not compact to form a firm
' subgrade the Contractor will inform the Engineer. The Engineer will inspect the
excavation and additional excavation can be ordered to correct soft soils encountered.
Measurement: Prior to any excavation or embankment the Engineer shall cross section
the entire project area. The Engineer will be notified 24 hours in advance of completion
of the excavation in order to cross section the completed excavation and determine
' excavated quantities. Volumes will be calculated by the average end area method as
determined from the original and final cross sections.
' Payment: Common excavation shall be paid for at the bid unit price. Quantities for
common excavation are subject to change from the quantity stated on the proposal with
' no additional compensation to the bid unit price. The fianl quantitiy to be paid will be
computed based on the actual cross sections as determined by field measurements during
construction. Payment at the bid unit price shall be considered compensation in full for
Excavation and Embankment 1 of 2
City of Oak Park Heights '
Specifications
Valley View Park Boardwalk and Trail
all cost of excavation,salvaging only suitable materials as directed by the engineer,
placement and compaction of excavated material, and disposal on site.
1
•
1
1
1
1
1
i
1
1
Excavation and Embankment 2 of 2 '
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Subgrade Preparation
Description: This work shall consist of compacting the soil within the excavation for the
' prairie trail and compacting the exposed abandoned roadbed within the wetland to form a
firm foundation for building the trail.
Prairie Trail Subgrade Preparation: The 10 foot wide excavation shall be compacted
using a drum or pad foot compactor.
Wetland Trail Subgrade Preparation: The 8 foot wide exposed roadbed shall be
compacted using a drum or pad foot compactor.
Subgrade Inspections: 24 hours prior to completion of the subgrade compaction the
Engineer will be informed of the estimated completion time. The Engineer will inspect
t the subgrade prior to installation of the Class 5 gravel aggregate base. Soft areas will be
excavated and refilled with granular borrow material and recompacted.
I
Payment: Subgrade preparation shall be paid for at the bid unit price. Quantities for
subgrade preparation are subject to change from the quantity stated on the proposal with
no additional compensation to the bid unit price. The final quantity to be paid will be
computed based on the length of the prairie section of the trail by 10 feet width and the
wetland trail length and 8 foot of width. Payment at the bid unit price shall be considered
compensation in full for all cost of subgrade preparation.
1
1
Subgrade Preparation 1 of 1
1
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Aggregate Base
Reference: Section 2211 of Mn/DOT : Standard Specification for Construction" 1988
Edition and all amendments thereto shall apply except as modified or altered in this
specification.
Description: This work shall consist of placing compacting and leveling class 5
aggregate base material for the prairie and wetland trails.
Aggregate: Aggregate material used in this project shall consist of Mn/DOT Class 5
aggregate base.
Construction Requirements: Prior to aggregate base placement,the Engineer shall
inspect the surface of the excavation.
The Contractor is to construct the aggregate base to the depth,width and slope as shown
on the typical section and plan. The aggregate base shall be graded to a tolerance of 0.05
feet plus or minus based on the typical section.
Prairie Trail Aggregate Base: Class 5 aggregate gravel will be placed and compacted to a I
depth of four inches in the 10 foot wide through the prairie. The aggregate base will be
leveled in preparation for the installation of the bituminous trail.
Wetland Trail Aggregate Base: Class 5 aggregate gravel will be placed and compacted to
a depth of four inches over the 8 foot wide trail over the abandoned roadbed. The
aggregate base will be leveled in preparation for the installation of the bituminous trail.
Inspection: 24 hours prior completion of the aggregate base placement, compaction and
leveling the Engineer will be informed of the estimated completion time. The Engineer
will inspect the aggregate base prior to the placement of the bituminous trail.
Payment: Aggregate base material shall be paid for at the bid unit price by the ton
compacted in place. Quantities for aggregate base are subject to change from the
quantity stated on the proposal with no additional compensation to the bid unit price.
111
Copies of all weigh tickets will be collected at the site and provided to the Engineer.
Payment at the bid unit price shall be considered compensation in full for all cost of
placing, compacting and leveling the aggregate base.
If the aggregate base course material is being wasted or placed excessively thick,the
Engineer reserves the right to deduct quantities that are in excess of plan thickness. Said 111
quantities shall be based on material weighting 110 pounds per square yard of are per
inch of thickness.
1
Aggregate Base 1 of 1
' City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Plant Mixed Bituminous Pavement
' Reference: Unless otherwise noted and modified herein, all sections on Mn/DOT
Supplemental Specifications dated May 2, 1994, Section 2340 shall apply.
'
Description:p on: This work shall consist of placing compacting a two inch thick hot,plant-
' mixed bituminous-aggregate mixture Type 41A wear course of the specified widths
shown on the trail sections and these specifications.
Materials:
A. Aggregate: Aggregate shall conform to the requirements of section 3139 and
' the gradations for each type of mix as indicated in table 3139-1,or specifically
as follows: Mix Type 41 —Aggregate Size A Pathway,Parking Lot Wear
Course Mix Designation 41 WEA 50055
' B. Bituminous Material: Bituminous material shall conform to Mn/DOT
"Standard Specifications for performance graded asphalt" The Performance
' Grade Asphalt Cement shall be PG58-28.
Restrictions: The wear course mixture shall not be placed when the air temperature,in
' the shade and away from artificial heat, is 50 degrees or less,unless approved by the
Engineers.
' Plant Operations: All bituminous mixtures shall be furnished by a Contractor's Certified
Plant for Bituminous Mixtures, adhering to Mn/DOT's certification program.
' Contractor Testing: The Contractor shall be required to perform quality control testing
for all bituminous mixtures, in accordance to Mn/DOT Section 2340.3E3.
' Compaction Operations: Compaction requirements shall conform to Mn/DOT
Specification 2340.3H2 as modified specified density method. Each required lift of
bituminous mixture shall be uniformly compacted to a density not less than 91%of the
' maximum specific gravity value.
Sufficient compaction equipment of proper size and good mechanical condition shall be
used to compact the mixture to specified requirements.
' Thickness Requirements: After compaction,the thickness of the trail wear course shall
be 2 inches+/- 1/4 inch. Any course constructed and material used in excess of the
specified thickness plus 1/4 inch will be excluded from the pay quantities, except where
' prior authorization was received from the Engineer for additional thickness.
Prairie Trail: Place and compact a two (2) inch thick by ten(10) foot wide Type 41A hot,
plant-mixed bituminous-aggregate wear course over the length of the prairie trail. The
Plant Mix Bituminous Pavement 1 of 2
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
trial shall be level across its width to a maximum of one half inch dip to the downhill side
over the 10 foot width.
Wetland Trail: Place and compact a two (2)inch thick by eight(8) foot wide Type 41A
hot,plant-mixed bituminous-aggregate wear course over the length of the prairie trail.
The trial shall be level across its width to a maximum of one quarter inch dip to the either
side.
Inspection: 24 hours prior to the placement of the bituminous trail Engineer will be '
informed.
Payment: Bituminous mixture shall be paid for at the bid unit price by the ton of material 1
placed and accepted. Quantities are subject to change from the quantity stated on the
proposal with no additional compensation to the bid unit price. The final quantity to be
paid will be computed based on the tonnage delivered to the site and accepted. Copies of
all weigh tickets will be collected at the site and provided to the Engineer. Payment at
the bid unit price shall be considered compensation in full for all cost of placing and
compacting the trail. The cost of Contractor testing will be incidental to the bituminous
mixture pay item
If bituminous paving material is being wasted or placed excessively thick,the Engineer
reserves the right to deduct quantities that are in excess of the plan thickness. Said
quantities shall be based on bituminous material weighing 110 pounds per square yard of '
area per inch of thickness.
1
1
1
1
1
1
Plant Mix Bituminous Pavement 2 of 2
' City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Boardwalk Construction
1
Description: This work shall consist of construction and placement of six(6)foot wide
' boardwalk sections supported above the abandoned road through the wetlands by
recycled concrete conduits and CCA Treated timbers.
Materials:
' A. Wood Timber Ground Supports: Wooden Timber supports that contact the
ground will be 4X6 or 6X6 timbers CCA treated to 0.6 retention.
' B. Wood Supports on Conduits: Wood used to adjust the height of the concrete
conduit supports will be 2X6, 4X6, or 6X6 CCA treated to 0.6 retention.
' C. Wood for Boardwalk Sections: Wood used for boardwalk sections will be
CCA treated to 0.4 retention.
' D. Hardware: Deck screws, bolts,tiedowns and other metal hardware used for
the construction of the boardwalks section will be galvanized.
' E. Concrete Conduit Supports: The concrete conduits to be used to support the
boardwalk section are supplied by the City and have been pre-staged on 56th
Street.
General Boardwalk Dimensions: All boardwalks will be six(6)foot wide. The 12 and
14-foot length sections will be constructed of 2X10 joist 16 inches on center. Headers at
' each end of the sections will be constructed with two 2X10. The 16-foot section that is
required to span the central channel will use 2X12 joist and 2X12's for the double
headers.
' Decking material will be 6 foot lengths of 2X6 screwed to each joist with two 3 inch
galvanized deck screws. Screw holes for connecting to the outside joist will be pre-
drilled to prevent splitting.
Toeboards will be installed along all sections without railings. Toeboards will consist of
4X4 timbers supported on 2X4 boards and attached at the edges of the boardwalk
sections.
Hurricane tiedowns will be used to attach boardwalk sections to timber supports.
Galvanized angles will be used to connect timber supports or boardwalk section to
' concrete conduits. Galvanized bolts will be used to connect the angles to the deck
sections. Galvanized deck screws will be used to connect angles to timber supports.
Connection of the angle to the concrete conduit will be by 3/8-inch concrete sleeve
anchors.
111Boardwalk Construction 1 of 2
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Substitutions: Substitutions of equivalent materials can be made only with the prior ,
approval of the Engineer.
Inspection: The Contractor will inform the Engineer of the location that the deck sections ,
are being constructed prior to the start of the construction. The Engineer will visit the
construction site during the early stages of construction.
Payment: Payment will be on aper unit basis as shown
P in the proposal.
1
1
1
1
1
1
i
1
1
1
Boardwalk Construction 2 of 2 ,
' City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Storm Sewer Construction
1
Description: Storm sewer will be installed to control erosion from the water flow from
' the upper portion of Valley View Park. The system will consist of a beehive catch basin
at the abandon railroad bed over a 4 foot diameter drop manhole with a 3 foot deep sump.
The outlet of the manhole will be a run of 12 inch RCP to the second drop manhole at
' Station 00+75. From the second manhole will be a run of 12 inch RCP to a surge basin
surrounded by Class III rip rap.
' Manhole Sta00+00: 4 foot diameter by 15 foot deep manhole structure,outlet for 12 inch
RCP at 12 feet, 3 foot sump,inlet will be a Neenhah R-2560-G or equivalent beehive
inlet.
' Manhole +
Sta00 75. 12 foot drop manhole with a Neenhah R-1642-B casting.
' Surge Basin: Surge basin will be an Elk River Concrete Surge Basin for 12 inch pipe.
The area surrounding the surgebasin will be filled with approximately 5 CY of Class III
' rip rap resting on Geotextile fabric and granular fill material. Granular fill material will
be obtained from the washout area adjacent to the stormsewer. The cross section of the
rip rap shall be such as to maximize the area where the water flows into the prairie and
' minimizes erosion.
Installation: Pipes will be installed per Mn/DOT Spec 2501 —Culverts.
' Payment: Payment will be on a per unit basis as shown in the proposal. Quantities are
subject to change from the quantity stated on the proposal with no additional
compensation to the bid unit price.
Storm Sewer Construction 1 of 1
City of Oak Park Heights
Specifications
Valley View Park Boardwalk and Trail
Restoration and Turf Establishment
Description: This work shall consist of restoring disturbed areas to original or specified
final grade. The City's prairie restoration contractor will plant prairie mix to match the
previous restoration efforts under a separate contract with the City.
Topsoil: Stockpiled topsoil from the trail and storm sewer excavation will be used for all '
site restoration. The areas to be restored will be covered generally with 2 to 3 inches of
topsoil evenly spread and lightly compacted. '
Coordination: Approximately 2 weeks prior restoration the Contractor will inform the
Engineer who will coordinate with the prairie restoration contractor. t
Payment: Payment for topsoil placement on a unit price basis per the proposal.
Quantities are subject to change from the quantity stated on the proposal with no ,
additional compensation to the bid unit price.
1
1
1
1
i
1
1
Restortation and Turf Establishment 1 of 1
CONDITIONS OF THE CONTRACT
TABLE OF CONTENTS
SECTION 1 -DEFINITIONS
' 1.1 ACTS OF GOD
1.2 ADDENDA
' 1.3 AGREEMENT
1.4 BID SECURITY
' 1.5 BIDDER
1.6 CONTRACT
1.7 CONTRACT DOCUMENTS
' 1.8 CONTRACT PRICE
1.9 CONTRACTOR
' 1.10 CHANGE ORDER
1.11 DAY
' 1.12 DEFECTIVE
1.13 DRAWINGS
' 1.14 ENGINEER
1.15 FIELD ORDER
1.16 FINAL COMPLETION
' 1.17 MODIFICATION
1.18 NOTICE OF AWARD
' 1.19 NOTICE TO PROCEED
1.20 OWNER
' 1.21 PERFORMANCE AND PAYMENT BONDS
1.22 PROJECT
1.23 PROPOSAL
' 1.24 RESIDENT PROJECT REPRESENTATIVE
1.25 SHOP DRAWINGS
' 1.26 SPECIFICATIONS
1.27 SUBCONTRACTOR
1.28 SUBSTANTIAL COMPLETION
1.29 SURETY
' 1.30 WRITTEN NOTICE
1.31 WORK
Conditions of the Contract
Contents
1
TABLE OF CONTENTS (CONT'D) ,
SECTION 2 -BIDDING REQUIREMENTS
2.1 PROPOSAL FORMS
2.2 INTERPRETATION OF QUANTITY ESTIMATES
2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE
2.4 ADDENDA
2.5 PREPARATION OF BID ,
2.6 RESERVATIONS AND/OR EXCEPTIONS
2.7 BID SECURITY
2.8 DELIVERY OF PROPOSAL
2.9 OPENING OF PROPOSALS
2.10 EVALUATION OF PROPOSALS
2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
SECTION 3 AWARD AND EXECUTION OF CONTRACT,PROGRESS &COMPLETION
OF WORK '
3.1 AWARD OF CONTRACT
3.2 EXECUTION OF AGREEMENT
3.3 FAILURE TO EXECUTE AGREEMENT
3.4 RETURN OF BID SECURITY
3.5 NOTICE TO PROCEED ,
3.6 CONTRACT TIME
3.7 SCHEDULE OF COMPLETION '
3.8 COMPUTATION OF TIME
3.9 LIQUIDATED DAMAGES '
SECTION 4 - CONTRACT DOCUMENTS: INTENT AND REUSE
4.1 INTENT OF CONTRACT DOCUMENTS
4.2 ORDER OF PRECEDENCE
4.3 DISCREPANCIES ,
4.4 ADDITIONAL INSTRUCTIONS
4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE
4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AND REUSE
4.7 DIMENSIONS
Conditions of the Contract iii
1
Contents
TABLE OF CONTENTS (CONT'D)
' SECTION 8 -MATERIALS, EQUIPMENT,INSPECTION AND WORKMANSHIP
8.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR
' 8.2 EQUIVALENT MATERIALS AND EQUIPMENT
8.3 MATERIALS FURNISHED BY OWNER
' 8.4 STORAGE OF MATERIALS
8.5 SAMPLES
8.6 FURNISHING OF PRODUCT DATA
8.7 QUALITY OF EQUIPMENT AND MATERIALS
8.8 SHOP DRAWINGS
8.9 ACCESS TO AND OBSERVATION OF WORK
8.10 TESTS AND INSPECTIONS
I 8.11 UNCOVERING THE WORK
8.12 CUTTING AND PATCHING
' 8.13 WARRANTY AND GUARANTEE
8.14 CORRECTION PERIOD
8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK
' 8.16 ACCEPTANCE OF DEFECTIVE WORK
8.17 OWNER MAY STOP WORK
' 8.18 OWNER MAY CORRECT DEFECTIVE WORK
SECTION 9-MEASUREMENT, PAYMENT AND PROJECT ACCEPTANCE
' 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT
9.2 REQUEST FOR PAYMENT
' 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT
9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT
9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT
' 9.6 CONTRACTOR'S WARRANTY OF TITLE
9.7 SUBSTANTIAL COMPLETION
9.8 PARTIAL UTILIZATION
9.9 FINAL INSPECTION
' 9.10 FINAL APPLICATION FOR PAYMENT
9.11 FINAL PAYMENT AND ACCEPTANCE
9.12 CONTRACTOR'S CONTINUING OBLIGATION
9.13 WAIVER OF CLAIMS
111 Conditions of the Contract v
Contents
U
I
TABLE OF CONTENTS (CONT'D)
SECTION 10 -CHANGES IN THE WORK ,
10.1 CHANGE ORDERS
10.2 FIELD ORDERS
10.3 UNAUTHORIZED WORK
10.4 ENGINEER RECOMMENDATIONS
10.5 NOTICE OF CHANGE TO SURETY
10.6 CLAIMS FOR ADDITIONAL COSTS
10.7 WORK DURING AN EMERGENCY 1
SECTION 11 - CHANGE OF CONTRACT PRICE AND CONTRACT TIME
11.1 CONTRACT PRICE
11.2 CHANGE IN CONTRACT PRICE
11.3 BASIS OF CHANGE
11.4 CHANGE OF CONTRACT TIME
SECTION 12 - SUSPENSION OF WORK AND TERMINATION ,
12.1 OWNER MAY SUSPEND WORK
12.2 OWNER MAY TERMINATE ,
12.3 CONVENIENCE TERMINATION BY THE OWNER
12.4 CONTRACTOR MAY STOP WORK OR TERMINATE '
SECTION 13 -MISCELLANEOUS
13.1 LIMITATION OF LIABILITY
13.2 REMEDIES
13.3 PUBLIC CONVENIENCE ,
13.4 CROSSING UTILITIES, ETC.
13.5 SANITARY PROVISIONS
13.6 PRESERVATION OF HISTORICAL OBJECTS
13.7 USE OF PREMISES
FORM OF AGREEMENT '
PERFORMANCE BOND
LABOR AND MATERIAL PAYMENT BOND
Conditions of the Contract vi
Contents
1
' CONDITIONS OF THE CONTRACT
SECTION 1
' DEFINITIONS
' 1. 1 ACTS OF GOD
An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature,
' uncontrolled and uninfluenced by the power of man and without human intervention,that could
not under normal circumstances have been anticipated or expected. Ordinary weather conditions
of normal intensity for the locality shall not be considered as an Act of God.
' 1.2 ADDENDA
' Written or graphic instruments issued prior to the opening of Bids, which clarify, correct or
change the bidding documents or the Contract Documents.
' 1.3 AGREEMENT
The Agreement is the written document executed by the Owner and Contractor covering the
' performance of the Work described in the Contract Documents.
1.4 BID SECUITY
' The Bid Security, where required by the Advertisement or Information to Bidders, is a cashier's
' or certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder,
pledging that the bidder will enter into an Agreement with the Owner for the carrying out of the
Work, should the contract for the Work be awarded to him.
1.5 BIDDER
' A Bidder is an individual or other entity submitting a Proposal for the advertised Work.
1.6 CONTRACT
' The Contract Documents form the Contract. The Contract represents the entire and integrated
agreement between the parties hereto and supersedes all prior negotiations, representations, or
agreements, either written or oral.
I
Conditions of the Contract 1-1
Section 1
1
1.7 CONTRACT DOCUMENTS
The Contract Documents consist of the following, including all Addenda issued prior to the
opening of bids,Field Orders, Change Orders or other Modifications issued after execution of
the Agreement:
(a)Drawings,
(b) Specifications:
Bid
(1) Documents(Advertisement,Addenda,Information to Bidders,Proposal and
Bid Security); ,
(2) Special Provisions;
(3) General and Specific Requirements;
(4) Conditions of the Contract(General and other conditions);
(5) Performance Bond and Labor and Material Payment
Bond;
(6) Form of Agreement; '
(7) Detail Plates and other drawings attached to specifications;
1.8 CONTRACT PRICE
The moneys payable by Owner to Contractor under the Contract Documents as stated in the '
Agreement.
1.9 CONTRACTOR '
The Contractor is the person or entity or authorized representative thereof named in the
Contract Documents. '
1.10 CHANGE ORDER
A written order to Contractor signed by Owner authorizing an addition,deletion or revision in
the Work, or an adjustment in the Contract Price or the Contract Time issued after the effective
date of the Agreement.
1.11 DAY
A calendar day of twenty-four hours measured from midnight to the next
midnight.
111
1
Conditions of the Contract 1-2
Section 1
' 1.12 DEFECTIVE
Refers to Work that is unsatisfactory, damaged, faulty or deficient, does not conform to the
Contract Documents or does not meet the requirements of any inspection, test or approval
referred to in the Contract Documents.
1 1.13 DRAWINGS
The Drawings are all plans, drawings (including revisions thereto) or reproductions thereof
issued by the Engineer pertaining to the Work provided for in the Contract Documents.
' 1.14 ENGINEER
The Engineer is the person or entity or authorized representative thereof named in the Contract
' Documents.
1.15 FIELD ORDER
' A written order issued by Engineer which orders minor changes in the Work in accordance
with Paragraph 10.2, but which does not involve a change in the Contract Price or the Contract
' Time.
1. 16 FINAL COMPLETION
1 The Work, including any punch list items, has been completed in all respects in accordance
with the Contract Documents.
' 1. 17 MODIFICATION
' (a) A written amendment of the Contract Documents signed by both parties, (b) a Change
Order, or(c)a Field Order.
' 1. 18 NOTICE OF AWARD
The written notice by Owner to the apparent successful Bidder stating that upon compliance by
the apparent successful Bidder with the conditions precedent enumerated therein, within the
time specified, Owner will sign and deliver the Agreement.
1. 19 NOTICE TO PROCEED
A written notice given by Owner to Contractor (with a copy to Engineer) fixing the date on
' which the Contract Time will commence to run and on which Contractor shall start to perform
his obligation under the Contract Documents.
Conditions of the Contract 1-3
Section 1
1.20 OWNER
The Owner is the person or entity or authorized representative thereof named in the Contract
Documents.
1.21 PERFORMANCE AND PAYMENT BONDS
The Performance and Payment Bonds are the approved form of security furnished by the
Contractor and a Surety prior to the execution of the Agreement as a pledge of good faith on the
part of the Contractor and the Surety in the event of the Contractor's default, covering the
Contractor's faithful performance under the Contract Documents and the payment of all
obligations arising thereunder. '
1.22 PROJECT
The total construction of which the Work to be provided under the
Contract Documents may be
the whole,or a part as indicated elsewhere in the Contract Documents.
1.23 PROPOSAL
The Proposal is the offer of a bidder to perform the Work described in the Bid Documents '
when made out and submitted on the prescribed Proposal form,properly signed and secured.
1.24 RESIDENT PROJECT REPRESENTATIVE
The authorized representative of the Engineer who is assigned to the site or any part thereof.
1.25 SHOP DRAWINGS
All drawings, diagrams, illustrations, schedules and other data which are specifically prepared 1
by Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate
some portion of the Work and all illustrations, brochures, standard schedules, performance
charts, instructions, diagrams and other information prepared by a manufacturer, fabricator,
supplier or distributor and submitted by Contractor to illustrate material or equipment for some
portion of the Work.
1.26 SPECIFCATIONS
That portion of the Contract Document generally bound in booklet form and consisting of the ,
documents identified in Paragraph 1.7 (b)of the Conditions of the Contract.
1.27 SUBCONTRACTOR '
The Subcontractor is the person or other entity having a direct contract with the Contractor and
acts for or on behalf of the Contractor in executing any part of the Contract, but does not
include any separate Contractor or his Subcontractor or any material suppliers.
Conditions of the Contract 1-4
Section 1
128 SUBSTANTIAL COMPLETION
The Work (or a specified part thereof) has progressed to the point where, in the opinion of
Engineer as evidenced by his certificate of Substantial Completion, it is sufficiently complete,
' in accordance with the Contract Documents, so that the Work(or specified part) can be utilized
for the purposes for which it was intended; or if there be no such certificate issued, when final
payment is due in accordance with Paragraph 9.10 and 9.11. The terms "substantially complete"
and "substantially completed" as applied to any Work refer to Substantial Completion thereof.
1.29 SURETY
A Surety is the person or other entity executing the Contractor's Bid, Performance and Payment
Bonds.
' 1.30 WRI n'EN NOTICE
Written Notice shall be deemed to have been served if delivered in person or sent by registered
or certified mail to the individual or other entity or to the last known business address of such
individual or entity. It shall be the duty of each party to advise the other parties to the
Agreement as to any change in the business address until completion and acceptance of the
Work.
1.31 WORK
The entire completed construction or the various separately identifiable parts thereof required to
t be furnished under the Contract Documents. Work is the result of performing services,
furnishing labor and furnishing and incorporating materials and equipment into the construction,
all as required by the Contract Documents.
1
Conditions of the Contract 1-
5
Section 1
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
' CONDITIONS OF THE CONTRACT
SECTION 2
' BIDDING REQUIREMENTS
2.1 PROPOSAL FORMS
The Owner will furnish Proposal Forms to any qualified Bidder upon request.
2.2 INTERPRETATION OF QUANTITY ESTIMATES
' The schedule quantities as listed in the Proposal are to be considered approximate only and may
be increased,decreased or omitted as necessary to complete the Work as described in the
Contract Documents.
' 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE
' Each Bidder is required to examine carefully the site of the Work, the Proposal Forms,
Specifications and Plans. Submission of a Proposal constitutes a representation by the Bidder
that he has made such examination, has familiarized himself with the conditions to be
encountered, the character, quality and quantity of work to be performed and material to be
furnished and has correlated his observations with the requirements of these Contract
' Documents.
2.4 ADDENDA
' Any Addenda issued prior to the time of receipt of Proposals shall be included in the Proposal
and shall be made part of the Contract Documents. Receipt of each Addendum shall be
' acknowledged by the Bidder in his Proposal.
2.5 PREPARATION OF BID
' The bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blank
spaces in the Proposal must be filled in clearly and correctly in ink or typewritten. Any
' interlineation, alteration or erasure must be initialed by the signer of the Proposal. The Proposal
shall be signed in ink by the individual or authorized representative making the Proposal.
' 2.6 RESERVATIONS AND/OR EXCEPTIONS
Reservations or exceptions shall be clearly stated in writing and attached to the Proposal. They
' will be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if
such reservations or exceptions constitute a substantial deviation from the advertised terms and
conditions, their Proposals may be rendered non-responsive. The Bidder shall make no
' additional stipulations on the Proposal nor qualify it in any other manner.
' Conditions of the Contract 2-1
Section 2
1
I
2.7 BID SECURITY '
If so stipulated in the Advertisement for Bids, or Information to Bidders, each Proposal shall be
accompanied by a Bid Security in the required form and amount pledging that the Bidder will
enter into a Contract with the Owner on the terms stated in his Proposal and will, if required,
furnish bonds as described hereunder in Section 6 covering the faithful performance of the
Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to
enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid
Security shall be forfeited to the Owner as liquidated damages, not as a penalty. The Owner ,
will have the right to retain the Bid Security of Bidders until either(a) the Agreement has been
executed and bonds, if required, have been furnished by the Contractor to whom an award has
been made or (b) the specified time has elapsed so that unaccepted Proposals may be
withdrawn, or(c) all Proposals have been rejected.
2.8 DELIVERY OF PROPOSAL ,
Each Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be
so marked as to indicate the name and address of the Bidder, the type of work and the Project
Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope
with the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in
the office of the designated recipient before the time set for bid opening.
2.9 OPENING OF PROPOSALS '
Proposals will be opened publicly and read aloud at the time, date and place designated in the
Advertisement.
2. 10 EVALUATION OF PROPOSALS
The Owner reserves the right to reject any Proposal if it shows any omissions, alterations,
irregularities, is submitted subsequent to the time established in the Advertisement for Bids for
receipt of bids, or is unaccompanied by any required Bid Security. The Bidder further
acknowledges the right of the Owner to reject all Proposals and readvertise with the same or
different Bid Documents. In any event, the Owner reserves the right to waive any informalities,
irregularities or minor deviations in the Proposal. On unit price Proposals, comparison of
Proposals will be made on the basis of the stated unit prices and unit prices will control in the
event of a discrepancy between the unit price and the extension or summation thereof. On fixed
or lump sum price Proposals, comparison of Proposals will be made on the basis of the lowest
price that is responsive to the Advertisement.
1
1
Conditions of the Contract 2-2
Section 2
1
1
' 2.11 CERTIFICATION OF INDEPENDENT PRICE DETERMINATION
By submission of a Proposal,each Bidder certifies that:
' (a) The prices in the Proposal have been arrived at independently,without consultation,
communication or agreement as to any matters relating to such prices with any other bidder
' or with any competitor for the purpose of restricting competition;
' (b) The prices in the Proposal have not been or will not be knowingly disclosed to any
other bidder or competitor prior to the Owner's opening of the Proposals;
' (c) No attempt has been made or will be made by the Bidder to induce any other person or
firm to submit or not to submit a Proposal for the purpose of restricting competition.
1
1
1
1
t
1
' Conditions of the Contract 2-3
Section 2
CONDITIONS OF THE CONTRACT '
SECTION 3
AWARD AND EXECUTION OF CONTRACT. PROGRESS ,
&COMPLETION OF WORK
3.1 AWARD OF CONTRACT '
When the lowest responsive Proposal of the lowest responsible bidder is accepted and within
the time limit established in the Advertisement for Bids, the Owner will send him the necessary
Contract Documents and a Notice that the contract has been awarded to him, subject to the
furnishing of a Performance and Payment Bond,where required. 1
3.2 EXECUTION OF AGREEMENT
The lowest responsible bidder shall, within 15 days after receiving the Notice of Award and I
Contract Documents, sign the Agreement contained in the Contract Documents and return the
signed Agreement and such Bonds and Insurance forms as the successful Bidder may be
required to furnish to the Owner.
3.3 FAILURE TO EXECUTE AGREEMENT '
Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where
required, or to execute the Agreement within the time above specified, the Owner may have the
option to annul the award and retain the Bid Security accompanying the Bid as liquidated
damages and not as a penalty. This shall not be the sole remedy of the Owner but upon default
by the Bidder the Owner may adopt any legal remedy which it may see fit to adopt.
3.4 RETURN OF BID SECURITY '
All Bid Securities, except that of the lowest responsible bidder, will be returned within 45 days
after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The
Bid Security of the lowest responsible bidder will be returned upon receipt of the properly
executed Agreement and Bond.
3.5 NOTICE TO PROCEED
The date of commencement of the Work is the date set forth in the Notice to Proceed. '
Thereupon, the Contractor shall begin and shall prosecute the Work regularly and without
interruption, unless otherwise directed in writing by the Owner, with such manpower and
equipment as is necessary to complete the Work within the time stated in the Contract
Documents.
Conditions of the Contract 3-1
Section 3
i
' 3.6 CONTRACT TIME
The Contractor shall complete, in an acceptable manner, all of the Work contracted for in the
'
time stated in the Contract Documents, subject only to extension for unforeseeable delays
above and beyond the control of the Contractor and his Subcontractors and without their fault
or negligence. Written notice of the Contractor's claim for such extension shall be given within
' ten (10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall
be waived.
' 3.7 SCHEDULE OF COMPLETION
' The Contractor shall submit, at such time as may reasonably be requested by the Engineer,
schedules which shall show the order in which the Contractor proposes to carry on the Work,
with dates at which the Contractor will start the several parts of the Work and estimated dates
of completion of the several parts.
3.8 COMPUTATION OF TIME
' When any period of time is referred to in the Contract Documents by days, it shall be computed
to exclude the first and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day shall be omitted from the computation.
' 3.9 LIQUIDATED DAMAGES
3.9.1 Time is the essence of the contract. The Contractor thereby agrees that the Owner will be
' entitled to liquidated damages for failure on the part of the Contractor to complete the Work
within the time limits provided for in the Contract Documents.
' 3.9.2 Should the Contractor fail to complete the project on or before the specified date,
liquidated damages in the amount specified in the Special Provisions shall be deducted from
' any monies due or coming due to the Contractor or shall be paid to the Owner not as a penalty
but as liquidated damages for each and every calendar day that the contract shall remain
uncompleted after the specified date for Completion. Liquidated damages are specified herein
' because of the extreme difficulty of ascertaining and establishing the actual damages which the
Owner would sustain.
1
' Conditions of the Contract 3-2
Section 3
I
CONDITIONS OF THE CONTRACT '
SECTION 4 ,
CONTRACT DOCUMENTS: INTENT AND REUSE
4.1 INTENT OF CONTRACT DOCUMENTS '
4. 1.1 The Contract Documents comprise the entire Agreement between Owner and Contractor
concerning the Work. They may be altered only by a written Change Order.
4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called
for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or
discrepancy in the Contract Documents, he shall report it to engineer in writing at once and before
proceeding with the Work affected thereby; however, Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents
unless Contractor had actual knowledge thereof or should reasonably have known thereof.
4.1.3 It is the intent of the Specifications and Drawings to describe a complete project (or P
thereof) to be constructed in accordance with the Contract Documents. Any Work that may
reasonably be inferred from the Specifications or Drawings as being required to produce the
intended result shall be supplied whether or not it is specifically called for. When words which
have a well-known technical or trade meaning are used to describe Work, materials or equipment,
such words shall be interpreted in accordance with such meaning. Reference to standard
specifications, manuals or codes of any technical society, organization or association, or to the code
of any governmental authority,whether such reference be specific or by implication, shall mean the
latest standard specification, manual or code 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. However, no provision of any referenced standard specification, manual or code (whether or
not specifically incorporated by reference in the Contract Documents) shall change the duties and
responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those
set forth in the Contract Documents. Clarifications and interpretations of the Contract Documents ,
shall be issued by Engineer as provided for in Paragraph 4.4.
4.1.4 The Contract Documents shall be governed by the law of the place of the Project. '
4.2 ORDER OF PRECEDENCE
If there be a conflict between or among any of the terms or provisions of the Contract Documents,
which conflict cannot be reconciled by resorting to the intent of the Contract Documents under
Paragraph 4. 1,the conflict shall be resolved by applying the following Order of Precedence:
(a)Agreement;
(b) Conditions of the Contract;
(c) Special Provisions;
(d) Specific Requirements;
Conditions'
of the Contract 4-1
Section 4
' (e) General Requirements;
(f)Drawings.
4.3 DISCREPANCIES
Any conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly
' insignificant to the Contractor, shall be brought immediately to the attention of the Engineer for
clarification. Any Contractor who fails to bring any conflict, ambiguity or discrepancy to the
attention of the Engineer of which it was or should have been aware, shall assume the risk of loss
' arising out of any such conflict, ambiguity, or discrepancy.
' 4.4 ADDITIONAL INSTRUCTIONS
Further or additional instructions may be issued by the Engineer during the progress of the Work
by the use of Drawings or other means to clarify the intent of the Contract Documents or to explain
or illustrate Changes in the Work or Field Orders.
' 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE
Contractor shall keep one record copy of all Specifications, Drawings, Addenda, Modifications,
' Shop Drawings and samples at the site, in good order and annotated to show all changes made
during the construction process. These shall be available to Engineer for examination and shall be
delivered to Engineer for Owner upon completion of the Work.
1 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATION AND REUSE
' All original Drawings and Specifications and other data furnished by the Engineer are and shall
remain his property. Copies thereof will be furnished to Owner and are to be used only with respect
to this Project and are not to be used on any other project or extensions of this Project without the
prior written consent of Engineer. Submission or distribution to meet official regulatory
requirements or for other purposes in connection with the Project are not to be construed as
publication in derogation of the Engineer's common law copyright or other reserved rights.
' 4.7 DIMENSIONS
' Figured dimensions on the plans will be used in preference to scaling the Drawings. Any conflicts,
ambiguity, or discrepancy shall be immediately brought to the attention of the Engineer before
' proceeding with the affected Work. Contractor shall assume the risk of loss for failure to bring to
the attention of the Engineer such conflict, ambiguity, or discrepancy.
Conditions of the Contract 4-2
Section 4
1
i
CONDITIONS OF THE CONTRACT ,
SECTION 5
AVAILABILITY OF LANDS,PHYSICAL CONDI ,
TIONS,REFERENCE POINTS
5.1 AVAILABILITY OF LANDS '
5. 1.1 Owner shall furnish, as indicated in the Contract Documents,the lands upon which the Work
is to be performed, rights-of-way for access thereto, and such other lands which are designated for
the use of Contractor. Easements for permanent structures or permanent changes in existing
facilities will be obtained and paid for by Owner, unless otherwise provided in the Contract ,
Documents.
5.1.2 Contractor shall,at his expense,provide for all additional lands and access thereto that may be
required for temporary construction facilities or storage of materials and equipment. Contractor
shall confine his machinery and equipment, storage of materials and operation of workmen to those
areas described in the Contract Documents and such additional areas which he may provide at his
expense.
5.2 PRIVATE PROPFRTY '
The Contractor shall not enter upon private property for any purpose without obtaining written
permission from the owner thereof, and he shall be responsible for the preservation of all property,
trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every
precaution necessary to prevent damage or injury thereto. He shall protect carefully from
disturbance or damage all monuments and property markers until an authorized agent has
witnessed or otherwise referenced their location and shall not remove them until directed.
5.3 SURVEYS
Unless otherwise specified, the Owner shall establish all base lines for the location of the principal
component parts of the Work together with a suitable number of bench marks adjacent to the Work.
Based upon the information provided by the Owner, the Contractor shall develop and make all
detail surveys necessary for construction, including batter boards, stakes for pile locations and
other working points, lines and elevations. The Contractor shall be responsible for carefully
preserving bench marks, reference points and stakes, and, in the case of destruction thereof
resulting from his negligence or otherwise, the Contractor shall be charged with the expense and
damage resulting therefrom and shall be responsible for any mistakes that may be caused by the
unnecessary loss or disturbance of such bench marks, reference points and stakes.
5.4 UTILITIES
The Contractor shall be solely responsible for verifying the exact location of all utilities, ,
whether or not shown on the Drawings or referenced in the Specifications. Prior to the start of
any construction, the Contractor shall notify all utility companies having utilities in the Project
Conditions of the Contract 5-1
Section 5
1
' area. The Contractor shall have sole responsibility for providing temporary support and for
protecting and maintaining all existing utilities in the Project area during the entire period of
construction, including but not limited to the period of excavation, backfill and compaction. In
' carrying out this responsibility, the Contractor shall exercise particular care, whenever gas
mains or other utility lines are crossed, to provide compacted backfill or other stable support
for such lines to prevent any detrimental displacement,rupture or other failure.
' 5.5 INVESTIGATIONS
Reference is made to the Contract Documents for identification of those reports of
investigations and tests of subsurface or latent physical conditions at the site or otherwise
' affecting cost, progress or performance of the Work which have been relied upon by Engineer
in preparation of the Drawings and Specifications. Such reports or tests are not guaranteed as
to accuracy or completeness and if incorporated into the Contract Documents, they shall be for
' general information only. Contractor shall be responsible for verifying site and subsurface
conditions to his satisfaction prior to submitting a bid on the project.
' 5.6 UNFORESEEN PHYSICAL CONDITIONS
Contractor shall immediately notify Owner and Engineer in writing of any subsurface or latent
' physical conditions at the site or in an existing structure differing materially from those
indicated or referred to in the Contract Documents. Engineer will promptly review those
conditions and advise Owner in writing if further investigation or tests are necessary. Promptly
thereafter, Owner shall obtain the necessary additional investigations and tests and furnish
copies to Engineer and Contractor. If Engineer finds that the results of such investigations or
tests indicate that there are subsurface or latent physical conditions which differ materially
' from those intended in the Contract Documents, and which could not reasonably have been
anticipated by Contractor, a Change Order shall be issued incorporating the necessary
' revisions.
1
f
1
' Conditions of the Contract 5-2
Section 5
CONDI '
TIONS OF THE CONTRACT
SECTION 6 1
INSURANCE,AND BONDS, LEGAL RESPONSIBILITY AND PUBLIC SAFETY
6.1 INSURANCE
6.1.1 General: The Contractor shall not commence work under this contract until he has obtained
all insurance required under this Section and shall have filed the certificate of insurance or the
certified copy of the insurance policy with the Owner and Engineer. The Contractor shall not
allow any Subcontractor to commence work on his subcontract until all insurance required for
the Subcontractor has been obtained. Each insurance policy shall contain a clause providing that
it shall not be canceled by the insurance company without thirty (30) days written notice to the
Owner and Engineer of intent to cancel.
Certificates of insurance shall be submitted on Standard Form C.I.C.C.-701 or ACORD 25
forms and shall specifically note the clause providing for 30 day written notice to the Owner
and Engineer of intent to cancel. This clause shall read as follows:
"Should anyof the above described
policies be cancelled before the expiration date
thereof, the issuing company will mail 30 days written notice to the certificate holder
named to the left."
6.1.2 Workmen's Compensation & Emplover Liability Insurance: The Contractor shall secure
and maintain during the life of this Contract, Workman's Compensation and Employer's
Liability Insurance as required by law for all his employees to be engaged directly or indirectly
in the work on the project under this Contract. In case any work is sublet, the Contractor shall
require the Subcontractor to similarly provide Workmen's Compensation and Employer's
Liability Insurance for all the latter's employees to be engaged directly or indirectly in such
work. The Contractor shall also maintain insurance required under any other Employee Benefit
Acts in force or required by law at the site of construction.
6.1.3 Contractor Comprehensive General & Automobile Liability: The Contractor shall procure ,
and maintain during the life of this Contract, Contractor's Comprehensive General and
Automobile Liability Insurance which shall protect him from claims for damages for personal
injury, including accidental death, as well as from claims for property damage which may arise
from operations under this contract, whether such operations be by himself or by any
Subcontractor or by anyone directly or indirectly employed by either of them. The insurance
shall be in amounts listed below and shall provide coverage under the following hazards:
1. Operations of Contractor.
2. Operations of Subcontractor(Contingent).
Conditions of the Contract 6-1
Section 6
i
3. Products, including completed operations. This insurance is to be carried for a
period of one year after completion or acceptance of the work.
' 4. Contractual Liability (See Section 6.1.5).
5. Property Damage.
6. Broad Form Property Damage.
' 7. All Owned,Non-Owned and Hired Vehicles.
Minimum Limits- General Liability
1. Bodily injury $500,000.00 each occurrence
$500,000.00 completed operations
2.Property damage$ 100,000.00 each occurrence
$200,000.00 aggregate
' Minimum Limits-Automobile Liability
1.Bodily injury $250,000.00 each person
$500,000.00 each occurrence
2. Property damage $100,000.00 each occurrence
' $200,000.00 aggregate
It is required that basic exclusions for damage caused by explosion, collapse and damage to
underground facilities, commonly known as X, C, U exclusions, be removed from the policies and
so indicated as covered in the declaration and on certificates of insurance. This provision of the
Conditions of the Contract will be waived on above ground projects where hazards of explosion
and/or collapse do not exist. The exclusion of explosion will be allowed on underground projects
where blasting is not required.
' In addition to all of the listed coverages, the Contractor shall procure and maintain an Umbrella
Excess Liability Policy in a minimum limit of $ 1,000,000.00. Any Umbrella Excess Liability
policy in excess of$ 1,000,000 may be utilized to meet the above listed basic coverages.
6.1.4 Builder's Risk Insurance: Before commencement of the Work, the Contractor shall provide
' Builder's Risk Insurance on a multiple peril form in the full amount of the total construction and
material contract. Such insurance shall contain an appropriate rider to include as Additional Named
Insureds, the Owner, the Engineer and his consultants, and each of their officers, employees and
' agents, all Subcontractors, the equipment Contractors and all of their Subcontractors on the
construction premises. Such insurance may have a deductible clause but the deductible amount
shall be borne by the Contractor and shall not exceed $ 1,000.00.
The Builder's Risk Insurance required herein shall apply to projects involving construction of
structures and building only. The requirements of this section shall be waived on projects involving
' only underground utilities, grading, street improvements and similar construction work, but any
damage or loss to property shall be the sole responsibility of the Contractor until final acceptance
' of the Work.
Conditions of the Contract 6-2
Section 6
1
i
If the Owner finds it necessary to occupy or use a portion or portions of the Work prior to
substantial completion thereof, such occupancy shall not commence prior to a time mutually agreed
to by the Owner and Contractor and to which the insurance company or companies providing the
property insurance have consented by endorsement to the policy or policies. This insurance shall not
be cancelled or lapsed on account of such partial occupancy. Consent of the Contractor and of the
insurance company or companies to such occupancy or use shall not be unreasonably withheld.
The Owner and Contractor waive all rights against each other and the Subcontractors and their
agents and employees and against the Engineer and separate Contractors (if any) and their
Subcontractors' agents and employees, for damages caused by fire or other perils to the extent
covered by insurance provided under this section or any other property insurance applicable to
the work.
6.1.5 Contractual Liability Insurance: To the fullest extentermitted bylaw,
Pthe Contractor
shall indemnify and hold harmless the Owner and the Engineer and their agents and employees
from and against all claims, damages, losses and expenses, including but not limited to
attorneys' fees arising out of or resulting from the performance of Work provided that any such
claim, damage, loss or expense (1) is attributable to bodily injury, sickness, disease or death, or
to injury to or destruction of tangible property (other than the Work itself) including the loss of
use resulting therefrom, and (2) is caused in whole or in part by any negligent act or omission
of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or
anyone for whose acts any of them may be liable, regardless of whether or not it is caused in
part by a party indemnified hereunder. Such obligation shall not be construed to negate, abridge
or otherwise reduce any other right or obligation of indemnity which would otherwise exist as
to any party or person described in this Section.
In any and all claims against the Owner or the Engineer or any of their agents or employees by
any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, the indemnification obligation
under. this Section shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Subcontractor under
worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts.
6.1.6 Minimum Insurance Requirements: Losses other than those covered by insurance shall be
the sole responsibility of the Contractors. The insurance requirements as set forth herein shall
be considered to be minimum requirements only. Any other insurance that may be necessary to
provide adequate coverage must be provided by the Contractors and shall be their sole
responsibility.
6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project, the Owner
will be responsible for maintaining all boiler and machinery coverage. This coverage will be
placed in effect when the equipment is ready for inspection and operation. This coverage shall
include the interests of the Owner, the Contractor, Subcontractors and Sub-Subcontractors.
Conditions of the Contract 6-3
Section 6
1
6.2 PERFORMANCE AND OTHER BONDS
6,2.1 Contractor shall furnish Performance and Payment Bonds, each in an amount at least equal
to the Contract Price as security for the faithful performance and payment of all Contractor's
obligations under the Contract Documents. These Bonds shall remain in effect at least until one
year after the date of final payment, except as otherwise provided by law. Contractor shall also
' furnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the
forms prescribed by the Contract Documents and be executed by such Sureties as (A) are
' licensed to conduct business in the state where the Project is located, and (B) are named in the
current list of"Companies Holding Certificates of Authority as Acceptable Sureties on Federal
Bonds and as Acceptable Reinsuring Companies" as published in Circular 570 (amended)by the
Audit Staff Bureau of Accounts, U.S. Treasury Department. All Bonds signed by an agent must
be accompanied by a certified copy of the authority to act.
' 6.2.2 If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent
or its right to do business is terminated in any state where any part of the Project is located or it
ceases to meet the requirements of clauses (A) and (B) of Paragraph 6.2. 1, Contractor shall within
' five days thereafter substitute another Bond and Surety, both of which shall be acceptable to
Owner.
' 6.3 PATENTS, FEES AND ROYALTIES
Contractor shall pay all license fees and royalties and assume all costs incident to the use in the
' performance of the Work of any invention, design, process, product or device which is the subject
of patent rights or copyrights held by others. If a particular invention, design, process, product or
' device is specified in the Contract Documents for use in the performance of the Work and if to the
actual knowledge of Owner or Engineer its use is subject to patent rights or copyrights calling for
the payment of any license fee or royalty to others,the existence of such rights shall be disclosed by
' Owner in the Contract Documents. Contractor shall indemnify and hold harmless Owner and
Engineer and anyone directly or indirectly employed by either of them from and against all claims,
damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent
' rights or copyrights incident to the use in the performance of the Work or resulting from the
incorporation in the Work of any invention, design, process, product or device not specified in the
Contract Documents, and shall defend all such claims in connection with any alleged infringement
of such rights.
6.4 PERMITS AND LICENSES
' All permits and licenses necessary for the prosecution of the Work shall be secured by the
Contractor prior to the commencement of the Work. Contractor shall also pay all public utility
' charges, governmental charges and inspection fees.
' 6.5 LAWS. REGULATIONS AND SAFETY
6.5.1 Contractor shall give all notices and comply with all laws, ordinances, rules and regulations
applicable to the Work. If Contractor observes that the Specifications or Drawings are at variance
Conditions of the Contract 6-4
Section 6
1
therewith, he shall give Engineer prompt written notice thereof, and any necessary changes shall be
adjusted by an appropriate Change Order or other Modification. If Contractor performs any Work
knowing or being in a position to know it to be contrary to such laws, ordinances, rules and
regulations, and without such notice to Engineer, he shall bear all costs arising therefrom; however,
it shall not be his primary responsibility to make certain that the Specifications and Drawings are in
accordance with such laws, ordinances,rules and regulations.
6.5.2 Contractor shall be responsible for initiating, maintaining and supervising all safety
precautions and programs in connection with the Work. He shall take all necessary precautions for
the safety of, and shall provide the necessary protection to prevent damage, injury or loss to:
(a)All employees on the Work and other persons who may be affected thereby;
(b) All the Work and all materials or equipment to be incorporated therein, whether in
storage on or off the site; and
(c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures and utilities not designated for removal, relocation or
replacement in the course of construction.
6.5.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders
of any public body having jurisdiction for the safety of persons or property or to protect them
from damage, injury or loss. He shall erect and maintain, as required by the conditions and
progress of the Work, all necessary safeguards for its safety and protection. He shall notify
owners of adjacent utilities when prosecution of the Work may affect them. All damage, injury
or loss to any property referred to in Section 6.5.2(b) and (c) caused, directly or indirectly, in '
whole or in part,by Contractor, any Subcontractor or any directly or indirectly employed by any
of them or anyone for whose acts any of them may be liable, shall be remedied by Contractor.
Contractor's duties and responsibilities for the safety and protection of the Work shall continue
until such time as all the Work is completed and Engineer has issued a notice to Owner and
Contractor that Work is acceptable.
6.5.4 Contractor shall designate a responsible member of his organization
P at the site whose duty
shall be the prevention of accidents. This person shall be Contractor's superintendent unless
otherwise designated in writing by Contractor to Owner.
6.5.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees
against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out
of or resulting from the Contractor's violation of any safety law, regulation or code (including
without limitation OSHA) or any other prudent precaution.
Conditions of the Contract 6-5
Section 6
1
' 6.6 WARNING SIGNS AND BARRICADES
The Contractor shall provide adequate signs, barricades, colored lights and/or watchmen and
take all necessary precautions for the protection of the Work and the safety of the public. All
' barricades and obstructions shall be protected at night by colored signal lights which shall be
kept in operation from sunset to sunrise.
1
1
r
' Conditions of the Contract 6-6
Section 6
1
CONDITIONS OF THE CONTRACT ,
SECTION 7
ENGINEER-OWNER-CONTRACTOR RELATIONS:
ARBITRATION: INDEMNIFICATION ,
7.1 ENGINEER'S STATUS AND AUTHORITY
7.1.1 Engineer will be Owner's representative during the construction period. The duties and
responsibilities and the limitations of authority of Engineer as Owner's representative during
construction are set forth in the Contract Documents and shall not be extended without written
consent of Owner and Engineer.
7.1.2 Engineer will make visits to the site at intervals appropriate to the various stages of
construction to observe the progress and quality of the executed Work and to determine, in
general, if the Work is-proceeding in accordance with the Contract Documents. Engineer is not
required to make exhaustive or continuous on-site inspections to check the quality or quantity of
the Work. On the basis of such visits and on-site observations, Engineer will keep Owner
informed of the progress of the Work and will endeavor to guard Owner against defects and
deficiencies in the Work.
7.1.3 If Owner and Engineer agree, Engineer will furnish a resident project representative to
assist Engineer in observing the performance of the Work. The Resident Project Representative
shall work under the authority and direction of the Engineer. The duties and responsibilities of
the Resident Project Representative shall not exceed those duties and responsibilities of the
Engineer as set forth in the Contract. It shall be to the discretion of the Engineer to delegate to
the Resident Project Representative those duties and tasks that are within the authority of the
Engineer to perform. In general, the duties of the Resident Project Representative may consist ,
of, but shall not be limited to,the following:
1. General contract administration.
2. Periodic observation of the work.
3. Unit price quantity and record plan measurements.
4. Schedule,perform and verify tests and inspections. '
5. Monitor Contractor's progress performance.
6. Provide information for the Engineer's review and decision concerning disputes and
defective work. '
7.1.4 Engineer will issue with reasonable promptness such written clarifications or
interpretations of the Contract Documents (in the form of Drawings or otherwise) as Engineer
may determine necessary, which shall be consistent with or reasonably inferable from the
overall intent of the Contract Documents. If Contractor believes that a written clarification or
interpretation justifies an increase in the Contract Price or Contract Time, Contractor may make
a claim therefor as provided in Section 10 or Section 11.
Conditions of the Contract 7-1
Section 7
1
' 7.1.5 Engineer will have authority to disapprove or reject Work which is defective, and will also
have authority to require special inspection or testing of the Work as provided in Paragraph 8.
10, whether or not the Work is fabricated, installed or completed. The Engineer shall not have
' charge of or control over the Work and shall have no authority to stop the Work.
' 7.1.6 Neither Engineer's authority to act under this Section 7 or elsewhere in the Contract
Documents nor any decision made by Engineer in good faith either to exercise or not exercise
such authority shall give rise to any duty or responsibility of Engineer to Contractor, any
' Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or
employees or any other person performing any of the Work.
' 7.1.7 If a Resident Project Representative is assigned to the project, the purpose of his efforts
shall be to provide a greater degree of assurance to the Owner that the Work is constructed in
conformance to the requirements of the Contract. The Resident Project Representative's efforts
are for the benefit of the Owner alone.Neither his authority to act nor his decision to exercise or
not exercise such authority shall give rise to any duty or responsibility to the Contractor, any
Subcontractor, any manufacturer, fabricator, supplier or distributor, or any of their agents or
' employees or any other person performing any of the Work. The Resident Project
Representatives authority shall not exceed limitations on Engineer's authority as set forth in the
Contract Documents nor shall the Resident Project Representative undertake any of the
responsibilities of Contractor, Subcontractors, or Contractor's Superintendent.
' 7.1.8 Whenever in the Contract Documents the terms "as ordered", "as directed", "as required",
"as allowed", or terms of like effect or import are used, or the adjectives "reasonable",
"suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are
' used to describe requirements, direction, review or judgment of Engineer as to the Work, it is
intended that such requirements, direction, review or judgment will be solely to evaluate the
Work for compliance with the Contract Documents. The use of any such term or adjective never
' indicates that Engineer shall have authority to supervise or direct performance of the Work or
authority to undertake responsibility contrary to the provisions of Paragraphs 7.1.9 or 7. 1. 10.
' 7.1.9 Engineer will not be responsible for Contractor's means, methods, techniques, sequences
or procedures of construction, or the safety precautions and programs incident thereto, and
Engineer will not be responsible for Contractor's failure to perform the Work in accordance with
' the Contract Documents.
' 7.1.10 Engineer will not be responsible for the acts or omissions of Contractor or of any
Subcontractors, or of the agents or employees of any Contractor or Subcontractor, or of any
other persons at the site of otherwise performing any of the Work.
' 7.2. CONTRACTOR'S RESPONSIBILITIES
' 7.2. 1. The Contractor shall supervise and direct the work competently and efficiently, devoting
such attention thereto and applying such skills and expertise as may be necessary to perform the
work in accordance with the Contract Documents. The Contractor shall be solely responsible for
' Conditions of the Contract 7-2
Section 7
1
I
the means, methods, techniques, quality of workmanship, sequences and procedures of r
construction. The Contractor shall be responsible to see that the finished work complies
accurately with the Contract Documents. ,
A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work
site and give efficient supervision to the Work until its completion. The superintendent shall ,
have full authority to act on behalf of the Contractor, and all communications given to the
superintendent shall be as binding as if given to the Contractor. It shall be the responsibility of
the Contractor's superintendent to coordinate the work of all the Subcontractors. When required,
the superintendent shall be present on the site to perform adequate supervision and
coordination.
Contractor shall provide competent, suitablyqualified personnel p el to survey and lay out the Work
and perform construction as required by the Contract Documents. Contractor shall at all times
maintain good discipline and order at the site.
The Contractor shall at all times be responsible for the conduct and discipline of his employees
and/or any Subcontractors. All workmen must have sufficient knowledge, skill and experience
to perform properly the work assigned to them. Any foreman and workman employed by the
Contractor or Subcontractor who does not perform his work in a skillful manner, or appears to
be incompetent or to act in a disorderly or intemperate manner shall be removed immediately
and shall not be employed again in any portion of the Work.
7.2.2. The Contractor's duties with respect to materials, equipment, ins inspection and w
p workmanship
are set forth in Section 8.
7.2.3. The Contractor's duties with respect to progress of the
P �' work are set forth in Section 3,
paragraphs 3.6, 3.7, 3.8 and 3.9.
7.2.4. The Contractor duties with respect to insurance and bonds, legal responsibility and safety
are set forth in Section 6.
1
7.3. OWNER'S RESPONSIBILITIES
7.3. 1. The Owner shall issue all communications to the Contractor through the Engineer.
7.3.2. The Owner shall furnish the data required of the Owner under the Contract Documents
promptly and shall make payments as provided to the Contractor promptly after they are due.
7.3.3. The Owner's duties in respect of providing lands and easements and providing,
engineering surveys to establish reference points are set forth in paragraph 5.1 and 5.3. The
Owner shall make available to the Contractor copies of reports of investigations and tests of
subsurface and latent physical conditions at the site or otherwise affecting performance of the
work which have been relied upon by the Engineer in preparing the drawings and specifications.
Conditions of the Contract 7_3
Section 7
1
Such reports are not guaranteed as to accuracy or completeness and are not part of the Contract
Documents.
' 7.3.4. In connection with the Owner's rights to request changes in the work in accordance with
Section 10,the Owner(especially in certain instances as provided in paragraph 10.4) is obligated
to execute Change Orders.
7.3.5. The Owner's responsibility in respect of certain inspections, tests and approvals is set
forth in paragraph 8.10.2.
7.3.6. In connection with Owner's right to stop work or suspend work, see paragraphs 8.17 and
' 12.1. Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under
certain circumstances.
r7.4 ASSIGNMENT OF CONTRACT
The Contractor shall neither sublet, sell, transfer, assign or otherwise dispose of the Contract or
' any portion thereof, or of his right, title or interest therein, or his obligations thereunder, nor, if
this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding
shares of stock in the corporation, without prior written consent of the Owner. In case written
consent is given,the Contractor will be permitted to sublet a portion of the contract or corporate
stock thereof, but shall perform, with his own organization, Work amounting to not less than 50
' percent of the total original contract price. No subcontracts or transfer of contract or corporate
stock shall release the Contractor of his liability under the Contract or Bonds.
' 7.5 RIGHTS OF VARIOUS INTERESTS
Wherever Work being done by the Owner's forces or by other Contractors is contiguous to
' Work covered by this Contract, the respective rights of the various interests involved shall be
established by agreement to secure the completion of the various portions of the Work in
general harmony.
' 7.6 SEPARATE CONTRACTS
' The Owner may let other contracts in connection with the Work of the Contractor. The
Contractor shall cooperate with other Contractors with regard to storage of materials and
' execution of their Work. It shall be the Contractor's responsibility to inspect all work by other
Contractors affecting his Work and to report to the Engineer any irregularities which will not
permit him to commence or complete his work in a satisfactory manner. His failure to notify the
Engineer of such irregularities shall indicate the work of other Contractors has been
' satisfactorily completed to receive his Work. The Contractor shall not be responsible for defects
of which he could not have known through reasonable inspection thereof, which develop in the
' Work of others after the Work is completed. It shall be the responsibility of the Contractor to
measure the completed work in place and report to the Engineer immediately any difference
between completed work by others and the Drawings.
' Conditions of the Contract 7-4
Section 7
7.7 SUBCONTRACTS
Nothing herein shall create any legal relationship between the Owner or Engineer and any '
Subcontractor, and no Subcontractor shall have any rights under this Contractor's agreement
with the Owner. The Contractor's award of subcontracts shall be subject to the following: ,
7.7.1 Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt
of the executed Contract Documents, submit in writing to the Owner the names of the
Subcontractors proposed for the Work. Subcontractors may not be changed except at the request
or with the consent of the Owner. Contractor shall not employ any Subcontractor or other person
or organization (including those who are to furnish the principal items of materials or
equipment), whether initially or as a substitute against whom Owner or Engineer may have
reasonable objection. A Subcontractor or other person or organization identified in writing to
Owner and Engineer by Contractor prior to the Notice of Award and not objected to in writing
by Owner or Engineer prior to the Notice of Award will be deemed acceptable to Owner and
Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer
shall not constitute a waiver of any right of Owner or Engineer to reject defective Work. If
Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other
person or organization proposed by Contractor after the Notice of Award, Contractor shall
submit another acceptable Subcontractor at no change in the Contract Price. Contractor shall not
be required to employ any Subcontractor, other person or organization against whom Contractor
has reasonable objection. '
7.7.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and
of persons and organizations directly or indirectly employed by them and of persons and
organizations for whose acts any of them may be liable to the same extent that Contractor is
responsible for the acts and omissions of persons directly employed by Contractor. Nothing in
the Contract Documents shall create any contractual relationship between Owner or Engineer
and any Subcontractor or other person or organization having a direct contract with Contractor,
nor shall it create any obligation on the part of Owner or Engineer to pay or to see to the
payment of any moneys due any Subcontractor or other person or organization, except as may
otherwise be required by law. Owner or Engineer may furnish to any Subcontractor or other
person or organization, to the extent practicable, evidence of amounts paid to Contractor on
account of specific Work done.
7.7.3 The divisions and sections of the Specifications and the identifications of any Drawings '
shall not control Contractor in dividing the Work among Subcontractors or delineating the Work
to be performed by any specific trade.
7.7.4 All Work performed for Contractor by a Subcontractor will be pursuant to an appropriate
agreement between Contractor and the Subcontractor which specifically binds the Subcontractor
to the applicable terms and conditions of the Contract Documents for the benefit of Owner and
Engineer and contains waiver provisions as required by paragraph 6.1.4. Contractor shall pay
Conditions of the Contract 7-5
Section 7
' each Subcontractor a just share of any insurance moneys received by Contractor on account of
losses under policies issued pursuant to paragraph 6.1.4.
7.8 ORAL AGREEMENTS
No oral order, objection, claim or notice by any party to the others shall affect or modify any of
the terms or obligations contained in any of the Contract Documents,and none of the provisions
of the Contract Documents shall be held to be waived or modified by reason of any act
' whatsoever, other than by a definitely agreed upon waiver or modification thereof in writing,
and no evidence shall be introduced in any proceeding of any other waiver or modification.
7.9 NONDISCRIN41NATIO IN EMPLOYMENT
For Work under these Contract Documents,the Contractor agrees:
' (a) That in the hiring of common or skilled labor for the performance of any work under
this Contract or any subcontract hereunder, no Contractor,material supplier or vendor shall,
by reason of race, creed, color or national origin, discriminate against the person or persons
who are qualified and available to perform the Work to which such employment relates;
' (b) That no Contractor, material supplier or vendor shall, in any manner, discriminate
against or intimidate or prevent the employment of any person or persons, or on being
hired, prevent or conspire to prevent any person or persons from the performance of the
' Work under this Contract on account of race, creed,color or national origin.
(c) Violation of this section shall be cause for cancellation or termination of the
' Agreement between Owner and Contractor.
7. 10 DECISIONS ON DISAGREEMENTS
' 7.10.1 Claims, disputes, disagreements, or other matters in question between the Contractor and
P g �
the Owner relating to the execution or progress of the Work or the interpretation of the Contract
' Documents shall be referred initially to the Engineer for decision which he will render in writing
within a reasonable time.
' 7.10.2 Any claim, dispute, disagreement or other matter that has been referred to the Engineer,
except any which has been waived by the making or acceptance of final payment, shall be
' subject to arbitration under Paragraph 7.11 below upon the written demand of either party.
However, no demand for arbitration of any such claim, dispute or other matter may be made
until the earlier of the date on which the Engineer has rendered his written decision, or the tenth
' day after the parties have presented their evidence to the Engineer or have been given a
reasonable opportunity to do so, if the Engineer has not rendered his written decision by that
date.
' 7.10.3 If a decision of the Engineer is made in writingand states that it is final but subject to
J
appeal, no demand for arbitration of a claim, dispute or other matter covered by such decision
' Conditions of the Contract 7-6
Section 7
may be made later than thirty days after the date on which the party making the demand '
received the decision. The failure to demand arbitration within said thirty days' period will
result in the Engineer's decision becoming final and binding upon the Owner and the
Contractor. If the Engineer renders a decision after arbitration proceedings have been initiated,
such decision may be entered as evidence but will not supersede any arbitration proceedings
unless the decision is acceptable to the parties concerned.
7.11 ARBITRATION
7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the
Contract Documents or the breach thereof, except for claims which have been waived by the
making or acceptance of final payment, or barred by failure to demand arbitration within the
time limits specified, shall be decided by arbitration in accordance with the Construction
Industry Arbitration Rules of the American Arbitration Association then obtaining unless the
parties mutually agree otherwise. Pre-arbitration discovery shall be conducted in accordance 111
with Rules 26 through 37 of the Federal Rules of Civil Procedure. No arbitration relating to the
Contract Documents shall include by consolidation,joinder or otherwise, any person or entity
(including the Engineer),not a party to this Agreement without the written consent of such other
person or entity. This agreement to arbitrate shall be specifically enforceable under the
prevailing arbitration law. The award rendered by the arbitrators shall be final, and judgment
may be entered upon it in accordance with applicable law in any court having jurisdiction.
7.11.2 Notice of the demand for arbitration shall be filed in writing with the other party to the
Contract and with the American Arbitration Association, and a copy shall be filed with the
Engineer. The demand for arbitration shall be made within the time limits specified and in all
other cases within a reasonable time after the claim, dispute or other matter in question has
arisen, and in no event shall it be made after the date when institution of legal or equitable
proceedings based on such claim, dispute, or other matter in question would be barred by the
applicable statute of limitations.
111
7.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any
arbitration or other legal proceedings, unless otherwise agreed by him and the Owner in writing.
7.12 INDEMNIFICATION '
To the fullest extent permitted by law, the Contractor shall indemnify and hold harmless the
Owner and the Engineer and their agents and employees from and against all claims, damages,
losses and expenses, including but not limited to attorneys' fees arising out of or resulting from
the performance of Work provided that any such claim, damage, loss or expense (1) is
attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible i
property (other than the Work itself) including the loss of use resulting therefrom, and (2) is
caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor,
anyone directly or indirectly employed by any of them or anyone for whose acts any of them
may be liable, regardless of whether or not it is caused in part by a party indemnified hereunder.
Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or
Conditions of the Contract 7-7
Section 7
1
' obligation of indemnity which would otherwise exist as to any party or person described in this
Section.
In any and all claims against the Owner or the Engineer or any of their agents or employees by
any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by
' any of them or anyone for whose acts any of them may be liable,the indemnification obligation
under this Section shall not be limited in any way by any limitation on the amount or type of
damages, compensation or benefits payable by or for the Contractor or any Subcontractor under
worker's or workmen's compensation acts,disability benefit acts or other employee benefit acts.
i
1
1
1
1
1
1
1
i
Conditions of the Contract
7-8
Section 7
1
CONDITIONS OF THE CONTRACT ,
SECTION 8 I
MATERIALS EQUIPMENT INSPECTION AND WORKMANSHIP
8.1 MATERIALS AND EOUEPMENT FURNISHED BY CONTRACTOR ,
8. 1.1 Contractor shall furnish all materials, equipment, labor, transportation, construction
equipment and machinery, tools, appliances, fuel, power, light, heat, telephone, water and
sanitary facilities and all other facilities and incidentals necessary for the execution, testing,
initial operation and completion of the Work. 1
8.1.2 All materials used in the Work shall be of good quality, new unless otherwise provided
for in the Contract Documents, shall meet the requirements of the Specifications, and shall not
be incorporated into the Work until reviewed by the Engineer. If required by Engineer,
Contractor shall furnish satisfactory evidence (including reports of required tests) as to the kind
and quality of materials and equipment.
8.1.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned
and conditioned in accordance with the instructions of the applicable manufacturer, fabricator,
supplier or distributor;except as otherwise provided in the Contract Documents.
8.2 EQUIVALENT MATERIALS AND EQUIPMENT '
Whenever materials or equipment are specified or described in the Drawings or Specifications
by using the name of a proprietary item or the name of a particular manufacturer, fabricator,
supplier or distributor, the naming of the item is intended to establish the type, function and
quality required. Unless the name is followed by words indicating that no substitution is
permitted, materials or equipment of other manufacturers, fabricators, suppliers or distributors
may be accepted by Engineer if sufficient information is submitted by Contractor to allow
Engineer to determine that the material or equipment proposed is equivalent to that named. The
procedure for review by Engineer will be as set forth in paragraphs 8.2.1 and 8.2.2 below as
supplemented in the General and Specific Requirements.
8.2.1 Requests for review of substitute items of material and equipment will not be accepted b
Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute
item of material or equipment Contractor shall make written application to Engineer for
acceptance thereof, certifying that the proposed substitute will perform adequately the functions
called for by the general design, be similar and of equal substance to that specified and be
suited to the same use and capable of performing the same function as that specified. The
application will state whether or not acceptance of the substitute for use in the Work will
require a change in the Drawings or Specifications to adapt the design to the substitute and
whether or not incorporation or use of the substitute in connection with the Work is subject to
payment of any license fee or royalty. All variations of the proposed substitute from that
Conditions of the Contract 8-1
Section 8
specified shall be identified in the application and available maintenance, repair and
replacement service will be indicated. The application will also contain an itemized estimate of
all costs that will result directly or indirectly from acceptance of such substitute, including costs
' of redesign and claims of other Contractors affected by the resulting change, all of which shall
be considered by Engineer in evaluating the proposed substitute. Engineer may require
' Contractor to furnish at Contractor's expense additional data about the proposed substitute.
Engineer will be the sole judge of acceptability, and no substitute will be ordered or installed
without Engineer's prior written acceptance. Owner may require Contractor to furnish at
Contractor's expense a special performance guarantee or other surety with respect to any
substitute.
' 8.2.2, Engineer will record time required by Engineer and Engineer's consultants in evaluating
substitutions proposed by Contractor and in making changes in the Drawings or Specifications
occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall
' reimburse Owner for the charges of Engineer and Engineer's consultants for evaluating any
proposed substitute.
' 8.3 MATERIALS FURNISHED BY OWNER
8.3.1 Materials specifically indicated shall be furnished by the Owner. Before incorporating
' any of the materials into the Work, the Contractor shall inspect the materials so furnished by
the Owner. If the Contractor discovers any patent defects in material furnished by the Owner,
he shall notify the Engineer.
8.3.2 Unless otherwise noted or specifically stated, materials furnished by the Owner are
' considered to be f.o.b. the nearest railroad station or truck line. The Contractor shall transport
the materials to the job site, unload and properly protect all such materials from damage or
loss. The Contractor shall be responsible for material loss or damage after receipt of materials
' at the point of delivery.
8.4 STORAGE OF MATERLA.LS
Materials shall be so stored by the Contractor as to insure the preservation of their qualityand
fitness for the Work. When considered necessary, they shall be placed on wooden platforms or
other hard, clean surfaces, and/or they shall be placed under cover and not on the ground.
Stored materials shall be located so as to facilitate prompt inspection. Private property shall not
be used for storage purposes without the written permission of the Owner or lessee thereof.
' 8.5 SAMPLES
All samples called for in the Specifications or required by the Engineer shall be furnished by
the Contractor and shall be submitted to the Engineer for his review. Samples shall be
furnished so as not to delay the commencement or completion of the Project. The Contractor
shall furnish such samples of material as may be required for examination and testing. All
Conditions of the Contract 8-2
Section 8
1
1
materials and workmanship shall be in accordance with approved samples. All samples of '
materials for tests shall be taken according to methods provided for in the Specifications.
8.6 FURNISHING OF PRODUCT DATA '
Product Data are illustrations, standard schedules, performance charts, instructions, brochures,
diagrams and other information furnished by the Contractor to illustrate a material, product or
system for some portion of the Work.
8.6.1 The Contractor shall furnish one copy, or such additional copies as may be required b
q Y
the Special Provisions, of complete Product Data for every manufactured item of equipment
and all components to be used in the Work, including specific performance data, material
description, rating, capacity, working pressure, material gage or thickness, brand name, catalog
number and general type.
8.6.2 This data shall be compiled by the Contractor and reviewed by the Engineer before any of
the equipment is ordered. '
8.6.3 All data shall be indexed according to specification section and paragraph for easy
reference.
8.6.4 After review,this data shall become a part of the Contract, and may not be deviated from
except upon written approval of the Engineer. I
8.6.5 Product Data for equipment reviewed by the Engineer does not in any case supersede the
Contract Documents. The review by the Engineer shall not relieve the Contractor from
responsibility for deviations from Drawings or Specifications unless he has in writing called
the Engineer's attention to such deviations at the time of furnishing said data. Nor shall such
review relieve the Contractor from responsibility for errors of any sort in the items furnished.
The Contractor shall check the Work described by the Product Data with the Contract
Documents for deviations and errors.
8.6.6 It shall be the responsibility of the Contractor to insure that items to be furnished fit the
space available. He shall make necessary field measurements to ascertain space requirements,
including those for connections, and shall order such sizes and shapes or equipment that the
final installation shall suit the intent and meaning of the Drawings and Specifications.
8.6.7 Where equipment requiring different arrangement of connections from those shown is
allowed, it shall be the responsibility of the Contractor to install the equipment so as to allow
for proper operation and in harmony with the intent of the Drawings and Specifications, and to
make all changes in the work required by the different arrangement of connections.
8.6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, '
checked and approved the data to determine if they are in harmony with the requirements of the
Project and with the provisions of the Contract Documents and after he has verified all field
Conditions of the Contract 8-3
Section 8
measurements and construction criteria, materials, catalog numbers and similar data. In
submitting the Product Data, the Contractor certifies that the work represented by the data has
been coordinated with the Contract Documents and all relevant field conditions.
8.7 QUALITY OF EOUIPMENT AND MATERIALS
' 8.7.1 In order to establish standards of quality, the Engineer, in the Specifications, has referred
to certain products by name and catalog number. This procedure is not to be construed as
eliminating from competition other products of equal or better quality by other manufacturers
where fully suitable in design unless otherwise specifically stated in the Specifications (see
Section 8.2 for substitution procedure). If a product referenced by catalogue name or number is
' no longer available, Contractor shall recommend to Owner and Engineer another product of
comparable quality.
' 8.7.2 The Contractor shall furnish the complete list of proposed desired substitutions prior to
executing the Agreement, together with such engineering and Product Data as the Engineer
may require.
' 8.7.3 The Contractor shall abide by the Engineer's recommendation when proposed substitute
stitute
materials or items of equipment are not recommended for installation and shall furnish the
' specified material or item of equipment in such case. All proposals for substitutions shall be
submitted in writing by the General Contractor and not by individual trades or material
suppliers. The Engineer will review proposed substitutions and make his recommendation in
writing within a reasonable time.
8.8 SHOP DRAWINGS
8.8.1 The Contractor shall provide Shop Drawings, settings, schedules and such other drawings
' as may be necessary for the prosecution of the Work in the shop and in the field as required by
the Drawings, Specifications or Engineer's instructions. Deviations from the Drawings and
Specifications shall be called to the attention of the Engineer at the time of the first submission
' of Shop Drawings and other drawings for approval. The Engineer's review of any drawings
shall not release the Contractor from responsibility for such deviations.
' 8.8.2 Shop Drawings shall be promptly submitted by the Contractor after he has reviewed,
checked and approved the data to determine that they are in harmony with the requirements of
the Project and with the provisions of the Contract Documents and after he has verified all field
1 measurements and construction criteria, materials, catalog numbers and similar data. By
submitting the Shop Drawings, the Contractor certifies that the work represented by the Shop
' Drawings has been coordinated with the Contract Documents and all relevant field conditions.
8.8.3 Shop Drawings shall be submitted according to the following
' schedule:
Conditions of the Contract 8-4
Section 8
1
1
(a) Not less than three copies or such other number of copies as may be required by the
Special Provisions shall be submitted with reasonable promptness and in such sequence as to
prevent delay of the Work.
(b) The
Engineer shall, within fourteen (14) days of the submittal of any Shop Drawings,
return one copy to the Contractor marked with Engineer's comments.
(c) The Contractor shall then promptly make any necessary corrections or changes to the
Shop Drawings to conform to the comments made by the Engineer. '
(d) Following completion of such corrections or changes, the Contractor shall promptly
resubmit to the Engineer the required number of copies of the revised Shop Drawings.
8.8.4 Engineer will review with reasonable promptness Shop Drawings and samples, but
Engineer's review shall be only for conformance with the design concept of the Project and for
compliance with the information given in the Contract Documents and shall not extend to
means, methods, sequences, techniques or procedures of construction or to safety precautions
or programs incident thereto. The review of a separate item as such will not indicate review of
the assembly in which the item functions. Contractor shall make any corrections required by
Engineer and shall return the required number of corrected copies of Shop Drawings and
resubmit new samples for review. Contractor shall direct specific attention in writing to
revisions other than the corrections called for by Engineer on previous submittals. Contractor's
stamp of approval on any Shop Drawing or sample shall constitute a representation to Owner I
and Engineer that Contractor has either determined and verified all quantities, dimensions,
field construction criteria, materials, catalog numbers, and similar data or assumes full
responsibility for doing so, and that Contractor has reviewed or coordinated each Shop
Drawing or sample with the requirements of the Work and the Contract Documents.
8.8.5 Where a Shop Drawing or sample is required by the Specifications, no related Work shall ,
be commenced until the submittal has been reviewed by Engineer.
8.8.6 Engineer's review of Shop Drawings or samples shall not relieve Contractor from t
responsibility for any deviations from the Contract Documents unless Contractor has in writing
called Engineer's attention to such deviation at the time or submission and Engineer has given
written concurrence with the specific deviation, nor shall any concurrence by Engineer relieve
Contractor from responsibility for errors or omissions in the Shop Drawings.
8.9 ACCESS TO AND OBSERVATION OF WORK
8.9.1 Engineer and Engineer's representatives, other representatives of Owner, testing agencies I
and governmental agencies with jurisdictional interests will have access to the Work at
reasonable times for their observation, inspection and testing. Contractor shall provide proper
and safe conditions for such access.
Conditions of the Contract 8_5
1
Section 8
1
' 8.9.2 All materials and equipment and each part or detail of the Work shall be subject at all
times to observation by the Engineer and the Owner, and the Contractor will be responsible for
strict adherence to the intent of the Contract Documents in regard to quality of materials,
' workmanship, and the diligent execution of the Work. Such observations may include mill,
plant, or shop inspection, and any material furnished under these Specifications is subject to
' such observation. The Engineer and Owner shall be allowed access to all parts of the Work and
shall be furnished with such information and assistance by the Contractor as is required to
make such observations.
' 8. 10 TESTS AND INSPECTIONS
' 8.10.1 Contractor shall give Engineer timely notice of readiness of the Work for all required
inspections,tests or approvals.
' 8.10.2 If any law, ordinance, rule, regulation, code, or order of any public body having
jurisdiction requires any Work(or part thereof)to specifically be inspected,tested, or approved,
Contractor shall assume full responsibility therefor, pay all costs in connection therewith and
' furnish Engineer the required certificates of inspection, testing or approval. Contractor shall
also be responsible for and shall pay all costs in connection with any inspection or testing
' required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator,
supplier or distributor of materials or equipment proposed to be incorporated in the Work, or of
materials or equipment submitted for approval prior to Contractor's purchase thereof for
' incorporation in the Work. The cost of all other inspections, tests and approvals required by the
Contract Documents shall be paid by Owner(unless otherwise specified).
' 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule,
regulation, code or order of any public body having jurisdiction shall be performed by
organizations selected by or acceptable to Owner or Engineer.
8.10.4 If any Work that is to be inspected, tested or approved is covered without written
concurrence of Engineer, it must, if requested by Engineer, be uncovered for observation. Such
uncovering shall be at Contractor's expense unless Contractor has given Engineer timely notice
of Contractor's intention to cover such Work and Engineer has not acted with reasonable
promptness in response to such notice.
' 8.10.5 Neither observations by Engineer nor inspections, tests or approvals by others shall
' relieve Contractor from his obligations to perform the Work in accordance with the Contract
Documents.
8.11 UNCOVERING WORK
If any Work is covered contrary to the written request of Engineer, it must, if requested by
' Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. If
Engineer considers it necessary or advisable that covered Work be visually examined by
Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover,
Conditions of the Contract 8-6
Section 8
i
expose or otherwise make available for observation, inspection or testing as Engineer may '
require, that portion of the Work in question, furnishing all necessary labor, material and
equipment. If it is found that such Work is defective, Contractor shall bear all the expenses of
such uncovering, exposure, observation, inspection and testing and of satisfactory
reconstruction, including compensation for additional professional services, and an appropriate
deductive Change Order shall be issued. If, however, such Work is not found to be defective,
Contractor shall be allowed an increase in the Contract Price or an extension of the Contract
Time, or both, directly attributable to such uncovering, exposure, observation, inspection,
testing and reconstruction if he makes a claim therefor as provided herein.
8.12 CUTTING AND PATCHING
The Contractor shall do all necessary cutting, fixing or patching of the Work that may
be
required to make its several parts fit together properly, or to properly receive the Work of the
various trades, or, as required by the Drawings and Specifications, to complete the Work. He
shall restore all such cut or patched work as approved by the Engineer. Cutting of existing
structure that shall endanger the Work, adjacent property, workmen or the public shall not be
done.
8.13 WARRANTY AND GUARANTEE
Contractor warrants and guarantees to Owner and Engineer that all Work, including materials
and equipment, will be in accordance with the Contract Documents and will not be faulty or
defective. Prompt notice of all defects shall be given to Contractor upon discovery. All
defective Work, whether or not in place, may be rejected, corrected or accepted as provided in
paragraph 8.15 and 8.16. This warranty and guarantee shall be in addition to and not in
limitation of any other warranty or guarantee required by law or by these Contract Documents,
including the provisions of paragraph 8.14.
8.14 TWO YEAR CORRECTION PERIOD
If within two years after the date of final acceptance of the project by the Owner or such longer ,
period of time as may be prescribed by law or by the terms of any applicable special guarantee
required by the Contract Documents or by any specific provision of the Contract Documents,
any Work is found to be defective, Contractor shall promptly, without cost to Owner and in
accordance with Owner's written instructions, either correct such defective Work, or, if it has
been rejected by Owner, remove it from the site and replace it with non-defective Work. N
Contractor does not promptly comply with the terms of such instructions, or in an emergency
where delay would cause serious risk of loss or damage, Owner may have the defective Work
corrected or the rejected Work removed and replaced, and all direct and indirect costs of such
removal and replacement, including compensation for additional professional services, of
Engineer or others, shall be paid by Contractor. This obligation shall survive any termination of
the Agreement between Owner and Contractor. '
Conditions of the Contract 8-7
1
Section 8
8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK
' If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by
Engineer, either correct any defective Work, whether or not fabricated, installed or completed,
or, if the Work has been rejected by Engineer, remove it from the site and replace it with
non-defective Work.
' 8.16 ACCEPTANCE OF DEFECTIVE WORK
If, instead of requiring correction or removal and replacement of defective Work, Owner (and,
prior to Engineer's recommendation of final payment, also Engineer) prefers to accept it,
Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of
final payment, a Change Order shall be issued incorporating the necessary revisions in the
Contract Documents, including appropriate reduction in the Contract Price; or, if the
acceptance occurs after such recommendation, an appropriate amount shall be paid by
Contractor to Owner.
8.17 OWNER MAY STOP THE WORK
' If the Work is defective, or Contractor fails to supply sufficient skilled workmen or suitable
materials or equipment, Owner may order Contractor to stop the Work, or any portion thereof,
until the cause for such order has been eliminated; however, this right of Owner to stop the
Work shall not give rise to any duty on the part of Owner to exercise this right for the benefit of
Contractor or any other party.
8.18 OWNER MAY CORRECT DEFECTIVE WORK
If Contractor fails within a reasonable time after written notice of Engineer to proceed to
' correct the defective Work or to remove and replace rejected Work as required by Engineer in
accordance with Paragraph 8.15, or if Contractor fails to perform the Work in accordance with
' the Contract Documents (including any requirements of the progress schedule), Owner may,
after seven days' written notice to Contractor, and Contractor's Surety, correct and remedy any
such deficiency. In exercising its rights under this paragraph, Owner shall proceed
expeditiously. To the extent necessary to complete corrective and remedial action, Owner may
exclude Contractor from all or part of the site, take possession of all or part of the Work, and
suspend Contractor's services related thereto, take possession of Contractor's tools, appliances,
' construction equipment and machinery at the site and incorporate in the Work all materials and
equipment stored at the site or for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's representatives, agents and employees such
' access to the site as may be necessary to enable Owner to exercise its rights under this
paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged
against Contractor in an amount reviewed by Engineer, and such amounts shall be deducted
' from the Contract Price. Such direct and indirect costs shall include, in particular but without
limitation, compensation for additional professional services required and all costs of repair and
replacement of work of others destroyed or damaged by correction, removal or replacement of
' Conditions of the Contract 8-8
Section 8
Contractor's defective Work. Contractor shall not be allowed an extension of the Contract Time ,
because of any delay in performance of the Work attributable to the exercise by Owner of
Owner's rights hereunder. '
1
1
1
i
1
1
1
1
1
1
1
Conditions of the Contract 8-9
Section 8
' CONDITIONS OF THE CONTRACT
SECTION 9
MEASUREMENT, PAYMENT AND PROJECT
ACCEPTANCE
' 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT
' Except in cases where unit prices form the basis for payment under the Contract Documents,
the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an
itemized breakdown of the Contract Amount having the value, including an allowance for
' profit and overhead, assigned to each part of the Work. Unless the breakdown of the Contract
Amount is objected to by the Owner, it shall be used as the basis for all Requests for Payment.
9.2 REQUEST FOR PAYMENT
The Contractor may submit periodically, but not more than once each month, a Request for
' Payment for Work done and materials delivered and stored on the site. Payment for materials
stored on the site will be conditioned on the following:
' (a)The Contractor shall submit evidence to establish the Owner's title to such materials.
(b)Acceptable provisions have been made for storage.
(c) The Contractor shall provide and maintain insurance against all loss, theft,
vandalism, damage and similar peril for the full value of the stored material. The
insurance on the stored material shall name the Owner as insured.
' Each Request for Payment shall be itemized and computed from the Work completed on all
items listed on the Detailed Breakdown of Contract Amount. Where unit prices are specified,
' the Request for Payment shall be based on the quantities completed. The Owner shall pay to
the Contractor an amount not to exceed 95% of the amount earned under the Contract subject
to the approval outlined in Section 9.3 and the provisions of Section 9.4 and 9.5. However,
' when the Work required under the Contract is 95% or more completed, upon recommendation
of the Engineer, such portions of the retained money shall be released as the Owner determines
are not required to be retained to protect the Owner's interest in satisfactory completion of the
' Contract.
At the option of the Contractor, retainage shall be paid to the Contractor in accordance with
' the following:
' The Contractor may deposit bonds or securities with the Owner or in any bank or trust
company to be held in lieu of cash retainage for the benefit of the Owner. In that event, the
Owner shall reduce the retainage in an amount equal to the value of the bonds and securities
t and pay the amount of the reduction to the Contractor. The interest on the bonds or securities
shall be payable to the Contractor as it accrues. Bonds and securities deposited or acquired in
' Conditions of the Contract 9-1
Section 9
1
lieu of retainage shall be of a character approved by the state treasurer including, but not '
limited to:
a. Bills, certificates,notes or bonds of United States;
b. Other obligations of the United States or its agencies;
c. Obligations of any corporation wholly owned by the federal government;
and
d. Indebtedness of the Federal and National Mortgage Association.
If the Owner incurs additional costs as the result of the exercise of the option described in
this paragraph, the Owner may recover the costs from the Contractor by reducing the final
payment due under the contract. As work on the contract progresses, the Owner shall, upon '
demand, inform the Contractor of all accrued costs.
9.3 ENGINEER'S ACTION. ON A REO UEST FOR PAYMENT '
Within ten (10) days of submission of any Request for Payment by the Contractor, the
Engineer shall recommend to Owner: '
(a)Approval of the Request for Payment as submitted; or,
(b) Approval of such other amount as Engineer shall consider is due the
Contractor, informing the Contractor in writing of his reasons for recommending
approval of the modified amount; or,
(c) Withholding of the Request for Payment, informing the Contractor in writing
of his reasons for recommending withholding of the Request.
9.4 OWNER'S ACTION ON AN APPROVED REQUEST FOR PAYMENT ,
Within thirty (30) days from the date of recommending approval of a Request for Payment
by the Engineer, the Owner shall:
(a)Pay the Request for Payment as recommended by the Engineer.
(b) Pay such other amount in accordance with Section 9.5 as Owner shall decide is
due the Contractor, informing the Contractor and the Engineer in writing of the
reasons for paying the modified amount. I
(c) Withholding payment in accordance with Section 9.5 informing the Contractor
and the Engineer in writing of Owner's reasons for withholding payment.
9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT
9.5.1 The Owner may withhold payment in whole or in part to the extent necessary to
protect itself from loss on account of any of the following causes:
(a)Violation of any of the terms of the Contract Documents.
(b)Defective work not remedied, or completed work which has been damaged.
Conditions of the Contract 9.2
Section 9
1
(c) Reasonable evidence indicating potential filing of claims by other parties
against the Contractor or Owner.
(d) Failure of the Contractor to make payments to Subcontractors, materialmen or
' suppliers.
(e) Damage to the Owner or any other person.
(f) Contractor's unsatisfactory prosecution of the work.
9.5.2 When anyof the above grounds gr s for which payment is being withheld is removed,
' payment shall be made for the amount withheld.
9.5.3 Should the Owner fail to pay a Request for Payment within 30 days from the date of
recommendation of approval by the Engineer and should he fail to inform the Engineer and
Contractor in writing of the reasons for withholding payment, the Owner shall pay to the
Contractor simple interest on the past due amount at an annual rate equal to the monthly index
' of long term United States bond yields for the month prior to the month in which the obligation
is incurred plus an additional one percent per annum.
' 9.6 CONTRACTOR'S WARRANTY OF TITLE
Contractor warrants and guarantees that title to all Work, materials and equipment covered by
' any Application for Payment, whether incorporated in the Project or not, will pass to Owner at
the time of payment free and clear of all liens, claims, security interests and encumbrances
(hereafter in these Conditions of the Contract referred to as "Liens").
' 9.7 SUBSTANTIAL COMPLETION
' 9.7.1 When Contractor considers the entire Work ready for its intended use Contractor shall, in
writing to Owner and Engineer, certify that the entire Work is substantially complete and
' request that Engineer issue a proposed. Certificate of Substantial Completion. Within a
reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the
Work to determine the status of completion. If Engineer does not consider the Work
substantially complete, Engineer will notify Contractor in writing giving his reasons therefor. If
Engineer considers the Work substantially complete, Engineer will prepare and deliver to
Owner a proposed Certificate of Substantial Completion which shall fix the date of Substantial
' Completion. There shall be attached to the proposed Certificate a list of items ("punch list") to
be completed or corrected before final payment.
' 9.7.2 Owner shall have seven days after receipt of the Certificate during which he may make
written objection to Engineer as to any provisions of the Certificate or attached list. If, after
considering such objections, Engineer concludes that the Work is not substantially complete,
Engineer will within fourteen days after submission of the proposed Certificate to Owner notify
Contractor in writing, stating his reasons therefor. If, after consideration of Owner's objections,
Engineer considers the Work substantially complete, Engineer will within said fourteen days
' execute and deliver to Owner and Contractor a final Certificate of Substantial Completion(with
any revised list of items to be completed or corrected) reflecting such changes from the
' Conditions of the Contract 9-3
Section 9
1
proposed Certificate as he believes justified after consideration of any objections from Owner. I
At the time of delivery of the proposed Certificate of Substantial Completion Engineer will
deliver to Owner and Contractor a written recommendation as to division of responsibilities•
pending final payment between Owner and Contractor with respect to security, operation,
safety, maintenance,heat,utilities and insurance.
Unless Owner and Contractor agree otherwise in writing and so inform Engineer prior to his
issuing the final Certificate of Substantial Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final payment. Owner shall have the right to exclude
Contractor from the Work after the date of Substantial Completion, but Owner shall allow
Contractor reasonable access to complete or correct items on the list of items to be completed or
corrected.
9.8 PARTIAL UTILIZATION
Use by Owner of completed portions of the work may be accomplished prior to Substantial
Completion of all the Work subject to the following: i
9.8.1 Owner at any time may request Contractor in writing to permit Owner to use any part of the
Work which Owner believes to be substantially complete and which may be so used without '
significant interference with construction of the other parts of the Work. If Contractor agrees,
Contractor will certify to Owner and Engineer that said part of the Work is substantially complete
and request Engineer to issue a proposed Certificate of Substantial Completion for that part of the
Work.
9.8.2: Within a reasonable time thereafter Owner, Contractor and Engineer shall make an
inspection of that part of the Work to determine its status of completion. If Engineer does not
consider that part of the Work to be substantially complete, Engineer will notify Owner and
Contractor in writing giving his reasons therefor. If Engineer considers that part of the Work to be
substantially complete, Engineer will execute and deliver to Owner and Contractor a proposed
Certificate to that effect, fixing the date of Substantial Completion as to that part of the Work,
attaching thereto a list of items to be completed or corrected before final payment.
9.8.3 Prior to issuing a Certificate of Substantial Completion as to part of the Work, Engineer will
deliver to Owner and Contractor a written recommendation as to the division of responsibilities
pending final payment between Owner and Contractor with respect to security, operation, safety,
maintenance, utilities and insurance for that part of the Work which shall become binding upon
Owner and Contractor at the time of issuing the final Certificate of Substantial Completion as to
that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so
informed Engineer. Owner shall have the right to exclude Contractor from any part of the Work
which Engineer has so certified to be substantially complete, but Owner shall allow Contractor
reasonable access to complete or correct items on the list of items to be completed or corrected.
9.8.4 In lieu of the issuance of a Certificate of Substantial completion as to part of the Work,
Owner may take over operation of a facility constituting part of the Work whether or not it is
Conditions of the Contract 9-4
Section 9
1
' substantially complete if such facility is functionally and separately usable; provided, that prior to
any such takeover, Owner and Contractor have agreed as to the division of responsibilities
between Owner and Contractor for security, operation, safety, maintenance, correction period,
' heat,utilities and insurance with respect of such facility.
9.8.5 No occupancy of part of the Work or taking over of operations of a facility will be
accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect
of property insurance.
9.9 FINAL INSPECTION
' Upon written notice from Contractor that the Work is complete, Engineer will make a final
inspection with Owner and Contractor and will notify Contractor in writing of all particulars in
which this inspection reveals that the Work is incomplete or defective. Contractor shall
' immediately take such measures as are necessary to remedy such deficiencies.
9.10 FINAL APPLICATION FOR PAYMENT
After Contractor has completed all items to be completed or corrected to the satisfaction of
Engineer and delivered all maintenance and operating instructions, schedules, guarantees, bonds,
certificates of inspection, marked-up record documents and other documents -- all as required by
the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to
the provisions of Section 9.12), Contractor may make Application for Final Payment following the
procedure for progress payments. The Final Application for Payment shall be accompanied by all
documentation called for in the Contract Documents and such other data and schedules as Engineer
' may reasonably require, together with complete and legally effective releases or waivers
(satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu
thereof and as approved by Owner, Contractor may furnish receipts or releases in full; an affidavit
' of Contractor that the releases and receipts include all labor, services, material and equipment for
which a Lien could be filed; a representation that all payrolls, material and equipment bills, and
other indebtedness connected with the Work for which Owner or his property might in any way be
' responsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final
payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a
release or receipt in full, Contractor shall furnish a Bond or other collateral satisfactory to Owner to
' indemnify Owner against any Lien.
9.11 FINAL PAYMENT AND ACCEPTANCE
' 9.11.1 If, on the basis of Engineer's observation of the Work during construction and final
inspection, and Engineer's review of the Final Application for Payment and accompanying
documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has
been completed and Contractor has fulfilled all of his obligations under the Contract Documents,
Engineer will, within ten days after receipt of the Final Application for Payment, indicate in
' writing his recommendation of payment and present the application to Owner for payment.
Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable
' Conditions of the Contract 9-5
Section 9
1
subject to all applicable provisions of the Contract Documents. Otherwise, Engineer will return the
Application to Contractor, indicating in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the necessary corrections and resubmit the
Application.
9.11.2 If the Application and accompanying documentation are appropriate as to form and
substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount
recommended by Engineer. If, through no fault of Contractor, final completion of the Work is
significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of
Contractor's Final Application for Payment and recommendation of Engineer, and without
terminating the Agreement, make payment of the balance due for that portion of the Work fully
completed and accepted.
9.11.3 If any remaining balance to be held by Owner for Work not fully completed or corrected
is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as
required herein, the written consent of the Surety to the payment of the balance due for that
portion of the Work fully completed and accepted shall be submitted by Contractor to Engineer
with the Application for such payment. Such payment shall be made under the terms and
conditions governing final payment, except that it shall not constitute a waiver of claims.
9.12 CONTRACTOR'S CONTINUING OBLIGATION
Contractor's obligation to perform and complete the Work in accordance with the Contract ,
Documents shall be absolute. Neither recommendation of any progress or final payment by
Engineer, nor the issuance of a Certificate of Substantial Completion, nor any payment by
Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or
any part thereof by Owner,nor any act of acceptance by Owner nor any failure to do so, nor the
issuance of a notice of acceptability by Engineer pursuant to Sections 9. 10 or 9. 11, nor any
correction of defective Work by Owner shall constitute an acceptance of Work not in
accordance with the Contract Documents or a release of Contractor's obligation to perform the
Work in accordance with the Contract Documents.
9.13 WAIVER OF CLAIMS
The making and acceptance of final payment shall constitute: '
9.13.1 A waiver of all claims by Owner against Contractor, except claims arising from
unsettled Liens, from defective work appearing after final inspection pursuant to Section 9.9 or
from failure to comply with the Contract Documents or the terms of any special warranties or
guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in
respect to Contractor's continuing obligations under the Contract Documents; and
9.13.2 A waiver of all claims by Contractor against Owner other than those previously made in
writing and still unsettled.
Conditions of the Contract 9-6
Section 9
1
CONDITIONS OF THE CONTRACT
' SECTION 10
CHANGES IN THE WORK
' 10. 1 CHANGE ORDERS
Without invalidating the Agreement,Owner may, at any time or from time to time,order additions,
deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a
Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed
' under the applicable conditions of the Contract Documents. If any Change Order causes an
increase or decrease in the Contract Price, or an extension or shortening of the Contract time, an
equitable adjustment will be made as provided in Section 10 or Section 11 on the basis of a claim
' made by either party.
10.2 FIELD ORDERS
1 Engineer may authorize minor changes in the Work not involving an adjustment in the Contract
Price or the Contract Time,which are consistent with the overall intent of the Contract Documents.
' These may be accomplished by a Field Order and shall be binding on Owner, and also on
Contractor who shall perform the change promptly. If Contractor believes that a Field Order
justifies an increase in the Contract Price or Contract Time, Contractor may make a claim therefor
as provided herein.
10.3 UNAUTHORIZED WORK
' Additional Workerformed without authorization P o of a Change Order will not entitle Contractor to
an increase in the Contract Price or an extension of the Contract Time, except in the case of an
emergency.
10.4 ENGINEER RECOMMENDATIONS
Owner shall execute appropriate Change Orders prepared by Engineer covering changes in the
' Work which are required by Owner, or required because of unforeseen physical conditions or
emergencies, or because of uncovering Work found not to be defective, or because of any other
claim of Contractor for a change in the Contract Time or the Contract Price which is recommended
by Engineer.
10.5 NOTICE OF CHANGE TO SURETY
1 If notice of any change affecting the general scope of the Work or change in the Contract Price is
required by the provisions of any Bond to be given to the Surety, it will be Contractor's
' responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted
accordingly. Contractor shall furnish proof of such adjustment to Owner.
Conditions of the Contract 10-1
Section 10
1
1
10.6 CLAIMS FOR ADDITIONAL COSTS
If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the
Engineer written notice thereof within ten (10) days after the occurrence of the event giving rise to
such claim. This notice shall be given by the Contractor before proceeding to execute the Work,
except in an emergency endangering life or property in which case the Contractor shall proceed in
111
accordance with Paragraph 10.7.No such claim shall be valid unless so made. If the Owner and the
Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be referred to
the Engineer in accordance with Paragraph 7.8. Any change in the Contract Sum resulting from
such claim shall be authorized by Change Order.
If the Contractor claims that additional cost is involved because of but not limited to (1) any
written interpretation of the engineer, (2) any order by the Owner to stop the Work where the
Contractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of
payment by the Owner, Contractor shall make such claim as provided in this Subparagraph.
10.7 WORK DURING AN EMERGENCY '
10.7.1 In any emergency affecting the safety of persons or property, the Contractor shall act to
prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the
Owner of the emergency and he shall not wait for the instructions before proceeding to protect
both life and property.
10.7.2 Any additional compensation or extension of time claimed by the Contractor on account of
said emergency work shall be determined under Paragraph 10.6.
i
1
Conditions of the Contract 10-2
Section 10
1
1
CONDITIONS OF THE CONTRACT
' SECTION 11
CHANGE OF CONTRACT PRICE AND CONTRACT TIME
' 11. 1 CONTRACT PRICE
The Contract Price constitutes the total compensation (subject to authorized' P adjustments) payable
to Contractor for performing the Work. All duties, responsibilities and obligations assigned to or
undertaken by Contractor shall be at his expense without change in the Contract Price.
' 11.2 CHANGE IN CONTRACT PRICE
' 11.2.1 Except where u it prices form the basis for payment under the Contract Documents, the
Contract Price may only be changed by a Change Order. Any claim for an increase in the
Contract Price shall be based on written notice delivered to Owner and Engineer within ten(10)
' days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim
with supporting data shall be delivered within thirty (30) days of such occurrence unless
Engineer. allows an additional period of time to ascertain accurate cost data. All claims for
' adjustment in the Contract Price shall be determined by Engineer if Owner and Contractor
cannot otherwise agree on the amount involved. Any change in the Contract Price resulting
from any such claim shall be incorporated in a Change Order.
' 11.2.2 Where unitrices
p form the basis of payment and the quantity of any item of Work as
' given in the Proposal is increased or decreased, payment for such item will be made on the
basis of actual quantity completed, at the contract unit price for such item.
11.3 BASIS OF CHANGE
1
The method of determining the cost or credit to the Owner resulting from a change in the work
' shall be determined and mutually agreed upon by Owner and Contractor in advance of
performance of the change in work in one or more of the following ways:
' 11.3.1 By mutual acceptance of a lump sum properly itemized,
11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit
' prices shall include an allowance for Contractor's main office expense, overhead, profit and
bond), or
' 11.3.3 By actual cost of the changed work, plus an allowance for overhead, supervision and
profit, as defined as follows:
1. The "cost of the changed work" shall mean costs necessarily incurred in the proper
performance of the changed work and paid by Contractor at rates not higher than the
' Conditions of the Contract 11-1
Section 11
1
standard paid in the locality of the work (except with prior consent of the Owner) as more '
specifically defined as follows:
a. The cost of the changed work shall include:
(1) Wages paid for labor in the direct employ of Contractor in the performance of the
changed work in the field or in the fabrication shop under applicable collective
bargaining agreements or under a salary or wage schedule agreed upon by Contractor
and Owner, plus a payroll markup of 40 percent to cover all overhead items '
applicable to payroll, such as insurance, taxes, F.I.C.A., workmen's compensation,
unemployment taxes, and union benefits.
(2) Cost of all materials, supplies and equipment incorporated in the changed work.
(3) Cost, including maintenance of all materials, supplies, equipment, temporary '
facilities and hand tools owned by workmen, which are consumed in the' performance
of the changed work, and cost less salvage value on such items used but not consumed
which remain the property of the Contractor.
(4) Rental charges of all necessary machinery and equipment, exclusive of hand tools,
used in performing the changed work, including installation, minor repairs and
replacements, dismantling, removal, transportation and delivery costs thereof at rental
charges consistent with those prevailing in the area. '
(5) Cost of additional premiums for all bonds and insurance which the Contractor is
required by the Owner or contract documents to purchase and maintain and which is I
incurred as a result of performing the changed work.
(6) Sales,use or similar taxes,related t6 the changed work and for which the Contractor
is liable, imposed by any governmental authority.
(7) Permit fees, royalties, damages for infringement of patents and costs of defending ,
suits therefore,and deposits lost for causes other than the Contractor's negligence.
(8) Losses and expenses, not compensated by insurance or otherwise sustained by the
Contractor in connection with the changed work provided they have resulted from
causes other than the sole or joint fault or neglect of the Contractor, any Subcontractor,
anyone directly or indirectly employed by any of them, or for whose acts any of them
may be liable. Such losses shall include settlements made with the written consent and
approval of the Owner. No such losses and expenses shall be included in the cost of the
changed work for the purpose of determining the Contractor's fees thereon. If, however,
such loss requires reconstruction and the Contractor is placed in charge thereof, he shall
be paid for his services an additional fee computed in proportion to the sum stated above
for the original changed work.
Conditions of the Contract 11-2
Section 11
i
' (9) Cost of"drayage," exclusive of any drayage between shop and jobsite, only when
Contractor must hire an independent trucking firm and driver to perform special drayage
services in performance of the changed work for which Contractor's skills, manpower
' and vehicles are inadequate. "Drayage" does not include transportation performed or
which could have been performed by Contractor's drivers or vehicles but for their use on
' another project.
(10) Costs incurred due to an emergency arising out of the changed work affecting the
safety of persons and property.
(11) Other costs incurred in the performance of the changed work if and to the extent
' approved in advance in writing by the Owner.
(12) Cost of Subcontractors in performing the Contractor's work as changed shall be
' computed in accordance with this paragraph 11.3.3, computed in accordance with
clauses 11.3.1,.2,or.3.
' b. The cost of the changed work shall exclude:
(1) Salaries or other compensation for Contractor's officers, executive, general
' managers, project managers, estimators, engineers, timekeepers, surveyors, mechanics,
warehousemen, auditors, accountants, purchasing and contracting agents, draftsmen
' (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees,
whether or not employed at Contractor's principal office, branch office or field office at
the job site.
' (2) Expenses of Contractor's principal office, branch office or job site field office,
including without limitation the expense for pickup trucks, office trailers, storage
trailers, rental of office or storage space,telephone,heat, lights,etc.
(3) Ownership cost of maintenance expenses for Contractor-owned equipment,
' including without limitation all construction equipment, trucks and vehicles, machines
and all other owned equipment required for Contractor's performance of the Work.
' (4) Cost for purchase and maintenance of tools, materials, supplies and facilities not
consumed during construction or incorporated in the work.
' (5) Contractor's capital expense, including interest on Contractor's capital employed for
the work.
P
(6) Overhead or general expenses of any kind, including but not limited to office or
fabrication shop overhead or drafting and printing costs, except as may be expressly
included in clause 11.3.3. 1 a above.
' Conditions of the Contract 11-3
Section 11
1
(7) Costs due to the negligence of Contractor, any Subcontractor, anyone directly or
indirectly employed by any of them, or for whose acts any of them may be liable,
including but not limited to injury or damage to persons or property, the correction of
defective work, disposal of materials and equipment wrongly supplied, or making good
any damage to property.
(8)The cost of any item not specifically and expressly included in the terms described in
clause 11. 3.3. 1 a above.
2.Allowances for profit,overhead and nonreimbursable costs shall be computed as follows:
a.For the Contractor: '
(1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the
Contractor's performance and assumed risks as determined in the sole discretion of the
Owner) of all reimbursable costs defined in clauses 11.3.3. 1 a (1) through (12) above,
and
(2) A minimum of 3% up to a maximum of 7% (as determined at the sole reasonable
discretion of the Owner)for the work of Subcontractors supervised by the Contractor
as computed in accordance with clause 11.3.3.No fee will be allowed on Subcontractor
work not supervised by the Contractor.
(3) For first, second, and other tier Subcontractors claiming compensation for changed
work under clause 11.3.3.1(a) (12), their allowances shall be determined at the sole
reasonable discretion of the Owner consistent with percentages in subclause (2) directly
above.
(4) The Owner shall have the right to examine, inspect, copy and audit the books and
records of any Contractor or Subcontractor making claim for reimbursement for costs
and allowances hereunder in order to verify the accuracy, correctness, completeness and
propriety of all costs and allowances claimed. ,
11.4 CHANGE OF CONTRACT TIME
11.4.1 The Contract Time may only be changed by a Change Order. Any claim for an extension
in the Contract Time shall be based on written notice delivered to Owner and Engineer within ten
(10) days of the occurrence of the event giving rise to the claim.Notice of the extent of the claim
with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer
allows an additional period of time to ascertain more accurate data. All claims for adjustment in
the Contract Time shall be determined by Engineer if Owner and Contractor cannot otherwise
agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a
Change Order. '
Conditions of the Contract 11-4
Section 11
1
' 11.4.2 The Contract Time will be extended in an amount equal to time lost due to delays beyond
the control of Contractor if a claim is made therefor as provided in paragraph 11.4. 1. Such delays
shall include, but not be limited to, acts or neglect by Owner, or to fires, floods, labor disputes,
epidemics, abnormal weather conditions,or acts of God.
' 11.4.3 All time limits stated in the Contract Documents are of the essence of the Agreement. The
provisions of this paragraph 11.4 shall not exclude recovery for damages(including compensation
for additional professional services)for delay by either party.
1
i
1
1
1
1
1
1
' Conditions of the Contract 11-5
Section 11
CONDITIONS OF THE CONTRACT
SECTION 12
SUSPENSION OF WORK AND TERMINATION
12.1 OWNER MAY SUSPEND WORK
Owner may, at any time and without cause, suspend the Work or any portion thereof for a
period of not more than ninety days by notice in writing to Contractor and Engineer which shall
fix the date on which Work shall be resumed. Contractor shall resume the Work on the date so
fixed. Contractor will be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, directly attributable to any suspension if he makes a claim therefor as
provided in Sections 10 and 11.
12.2 OWNER MAY TERMINATE
12.2.1 Upon the occurrence of any one or more of the following events:
(a)If Contractor is adjudged a bankrupt or insolvent,
(b)If Contractor makes a general assignment for the benefit of creditors, ,
(c)If a trustee or receiver is appointed for Contractor or for any of Contractor's property,
(d) If Contractor files a petition to take advantage of any debtor's act, or to reorganize
under the bankruptcy or similar laws, '
(e) If Contractor repeatedly fails to supply sufficient skilled workmen or suitable
materials or equipment,
(f)If Contractor repeatedly fails to make prompt payments to Subcontractors or for labor,
materials or equipment,
(g) If Contractor disregards laws, ordinances, rules, regulations or orders of any public
body having jurisdiction,
(h)If Contractor disregards the authority of Engineer, or
(i) If Contractor otherwise violates in any substantial way any provisions of the Contract
Documents,
Owner may after giving Contractor and his Surety seven days' written notice, terminate the
services on Contractor, exclude Contractor from the site and take possession of the Work and of
all Contractor's tools, appliances, construction equipment and machinery at the site and use the
same to the full extent they could be used by Contractor (without liability to Contractor for
trespass or conversion), incorporate in the Work all materials and equipment stored at the site or
for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as
Owner may deem expedient. In such case Contractor shall not be entitled to receive any further
payment until the Work is finished. If the unpaid balance of the Contract Price exceeds the direct
and indirect costs of completing the Work, including compensation for additional professional
services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance,
Contractor shall pay the difference to Owner. Such costs incurred by Owner shall be verified by
Conditions of the Contract 12-1
Section 12
1
I
IEngineer and incorporated in a Change Order, but in finishing the Work, Owner shall not be
required to obtain the lowest figure for the Work performed.
I12.2.2 Where Contractor's services have been so terminated by Owner, the termination shall
not affect any rights of Owner against Contractor then existing or which may thereafter accrue.
I
Any retention or payment of moneys due Contractor by Owner will not release Contractor from
liability.
I12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause
and without prejudice to any other right or remedy, elect to abandon the Work and terminate
the Agreement. In such case, Contractor shall be paid for all Work executed and any expense
Isustained plus reasonable termination expenses.
12.2.4 If, after notice of termination for failure to fulfill contract obligations, it is determined
I that the Contractor has not defaulted, the termination shall be deemed to have been effected for
the convenience of the Owner and the Contractor shall be paid in accordance with paragraph
12.3.
I12.3 CONVENIENCE TERMINATION BY THE OWNER
IThe Owner reserves the right to terminate the Work under this contract in whole, or from
to time in part, and said termination for convenience shall not be construed as abreach of the
IContract. If the Contract is terminated for convenience, the Owner shall give the Contractor
written notice specifying the extent the Work of the Contract that is being terminated and the
effective date of said termination. Upon receipt of the notice of termination, the Contractor
Ishall stop work on the date and to the extent specified.
The Contractor shall place no further orders nor incur any further costs for the terminated parts
Iof the Work. The Contractor shall further terminate all orders and subcontracts relating to the
terminated part of the Work. The Owner shall pay the Contractor for the value of the Work
terminated as completed to the termination date together with a reasonable profit on the
I completed Work, but no damages or costs or lost profits. Disposition of the completed parts of
the terminated work, materials, equipment and other tangible property shall be made as agreed
upon by the Owner and Contractor. The title to any property and materials retained by the
I Owner shall accrue to the Owner immediately upon payment by the Owner to the Contractor.
12.4 CONTRACTOR MAY STOP WORK OR TERMINATE
I If through
g no act or fault of Contractor, the Work is suspended for a period of more than ninety
I
days by Owner or under an order of court or other public authority, or Engineer fails to act on
any Application for Payment within thirty days to pay Contractor any sum finally determined to
be due, the Contractor may, upon seven days' written notice to Owner and Engineer, terminate
Ithe Agreement and recover from Owner payment for all Work executed and any expense
sustained plus reasonable termination expenses. In addition and in lieu of terminating the
Agreement, if Engineer has failed to act on an Application for Payment or Owner has failed to
IConditions of the Contract 12-2
Section 12
I
make any payment as aforesaid, Contractor may upon seven days' notice to Owner and 1
Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph
shall not relieve Contractor of his obligations to carry on the Work in accordance with the
progress schedule and without delay during disputes and disagreements with Owner.
i
i
1
1
1
1
Conditions of the Contract 12-3 ,
Section 12
1
' CONDITIONS OF THE CONTRACT
SECTION 13
MISCELLANEOUS
13.1 LIMITATION OF LIABILITY
In no event, either as a result of breach of contract, negligence, or otherwise, shall the Owner or Engineer
or their agents or Employees be liable for damages or loss of profits, loss of use, loss of revenue, loss of
' bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the
Contract Documents allow any liability to be imposed, the total liability of the Owner and Engineer for
any loss, claim, or damage arising out of this agreement or the performance or breach thereof, shall be
' limited to the value of the work performed.
13.2 REMEDIES
' The duties and obligations imposed by these General Conditions and d the rights and remedies available
hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and
' obligations imposed upon Contractor herein and all of the rights and remedies available to Owner and
Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any
rights and remedies available to any or all of them which are otherwise imposed or available by law or
' contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the
provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in
connection with each particular duty, obligation, right and remedy to which they apply. All
' representations, warranties and guarantees made in the Contract Documents shall survive final payment
and termination or completion of this Agreement.
13.3 PUBLIC CONVENIENCE
' The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic
and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the
protection of persons and property. No road or street shall be closed to the public except with the
' permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the Work
shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by
the Contractor to insure the use of sidewalks and the proper functioning of all gutters, sewer inlets,
' drainage ditches and irrigation ditches, which shall not be obstructed.
13.4 CROSSING UTILITIES, ETC.
Where the prosecution of the Work results in the crossing of
highways, railroads, streets or utilities under
the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written
' permission from the proper authority to cross said highway, railroad, street or utility before further
prosecuting the Work. A copy of the written document granting permission shall be filed with the Owner
and Engineer before any Work is done. The Contractor shall be required to obtain a written release from
' the applicable authority upon completion of the Work. A copy of this written release shall be filed with
the Owner and Engineer before final acceptance of the Work is granted.
' Conditions of the Contract 13-1
Section 13
13.5 SANITARY PROVISIONS
The Contractor shall provide and maintain such sanitary facilities for the use of his employees and those I
of his Subcontractors as may be necessary to comply with the laws, rules or regulations of the Federal,
State and local governments, or agencies or departments thereof. 1
13.6 PRESERVATION OF HISTORICAL OBJECTS
13.6.1 Where historical objects of potential archeological or paleontological nature are discovered within
the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend his
operations in the immediate area of the discovery as may be necessary to preserve the discovered objects '
until the Owner has made arrangements for their disposition or has recorded the desired data relative
thereto.
atel notifythe Owner of anyhistorical he maydiscover or
13.6.2 The Contractor shall immediately objects
become aware of as the Work is being prosecuted, and shall aid in the preservation and salvage program I
decided upon, as may be requested or ordered by the Owner. No Work which the Contractor considers to
be Extra Work shall be performed without the written authorization of the Owner.
13.6.3 The Owner shall have the right to restrict or suspend the Contractor's operations in the immediate I
area where historical objects are discovered for a period not to exceed 72 hours,without claim being made
by the Contractor for any damages he might suffer as a result thereof Any restrictions imposed shall not I
remain in effect for a period exceeding 72 hours unless mutually agreed to in writing.
13.7 USE OF PREMISES ,
Contractor shall confine construction equipment, the storage of materials and equipment and the
operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract '
Documents, and shall not unreasonably encumber the premises with construction equipment or other
materials or equipment.
1
1
1
i
i
Conditions of the Contract 13-2
Section 13
i
' FORM OF AGREEMENT
' THIS AGREEMENT,made and signed this day� by
of 2000, and
between the City of Oak Park Heights,hereinafter called the "Owner", and
hereinafter called the "Contractor".
THIS AGREEMENT WITNESSETH, that the Owner and the Contractor, for the
' consideration hereinafter stated, agree as follows:
ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all
the provisions of the plans and specifications as prepared by the City of Oak Park Heights
Public Works Department, Oak Park Heights,Minnesota, and indicated below under ARTICLE
' IV, as provided by the Owner for:
Valley View Park and Boardwalk Project
tand to do everything required by this Agreement and the Contract
Documents.
' ARTICLE II. The Contractor agrees that the Work ate contem l
be fully and satisfactorily completed on or before contemplated by this Contract shall
2000.
' ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive eive and accept
payment in accordance with the prices bid for the unit or lump sum items as set forth in the
' conformed copy of Proposal Form hereto attached, which prices shall conform to those in the
accepted Contractor's Proposal on file in the Office of the City Clerk, City of oak Park Heights,
the aggregate of which prices, based on the approximate schedule of quantities, is estimated to
' be$
ARTICLE IV. The Contract Documents shall consist of the following component parts:
(a)
Drawings.
(b)
Specifications.
(1) Bid Documents (Advertisement, Addenda, Information to Bidders,Proposal
and Bid Security);
(2) Special Provisions;
' (3) General and Specific Conditions;
(4) Conditions of the Contract(General and other conditions);
(5) Performance and Payment Bonds;
' (6) Agreement;
(7) Detail Plates and other drawings attached to specifications;
Form of Agreement
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
' This Agreement,together with the documents hereinabove
mentioned,
documents are as fully a part of the Contract as if attached hereto or herein a norepeated.ontract and all
IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and
seals as of the day and year first above written.
i
Attest:
The (Seal)
iBy MAYOR
By
1 �
In the presence of: CONTRACTOR
By
.TITLE
1
CERTIFICATE OF ACKNOWLEDGMENT
' State of Minnesota )
)SS.
County of , )
' On this day of
to me personally known, being by me dulysworn,before
did say that he is the ly appearedMayor Df the Schaaf,
City of
Oak Park Heights,that the seal affixed to the foregoing instrument is the seal of said City of
and that said instrument was executed on behalf of the City of Oak Park Heights by
' authority of its City Council, and said Mayor,David Schaaf acknowledged the instrument to
be the free act and deed of said City of Oak Park Heights.
' (Notarial Seal)
' Notary Public:
Commission Expires:
1
Form of Agreement
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is individual or partnership)
State of Minnesota )
' )
County of SS
' On this. day of ,2000, before me personally appeared
to me personally known to be the person described in and who
executed the foregoing instrument and acknowledged that_he executed the same as free act
' and deed.
(Notarial Seal)
' Notary Public
Commission Expires:
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is a corporation)
State of Minnesota )
)SS
County of )
' On this dayof
,2000 before me personally appeared
and ,to me personally known who, being by me duly sworn,
' each did say that they are respectively the and of
that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that
' said instrument was executed in behalf of the corporation by authority of its Board of Directors
and said and acknowledged the instrument to be the free
act and deed of the corporation.
(Notarial Seal)
Notary Public
'
Commission Expires:
1
1
Form of Agreement
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
I
IPERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS: that
as Principal
I (hereinafter called Contractor)and,
as Surety(hereinafter called
Surety)are held and firmly bound unto as Obligee
I
g (hereinafter called
Obligee)in the amount of Dollars($
), for the
payment whereof Contractor and Surety bind themselves, their heirs, executors,administrators,
Isuccessors and assigns,jointly and severally, firmly by these presents.
WHEREAS, Contractors has by written agreement dated
Icontract with the Obligee for construction of Valley View park Boardwalk and TrailProj Project ind into a
accordance with Drawings and Specifications prepared by Oak Park Heights Public Works Department
which contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
INOW,THEREFORE,THE CONDITIONS OF THIS OBLIGATION is such that, if
Contractor shall promptly and faithfully perform said Contract in conformance with the Contract
I Documents, and all guaranty, indemnity and warranty obligations specified therein,and shall promptly
and faithfully remedy any breach of its obligations under the Contract Documents discovered within
Ithe time limits set by statute for commencement of actions, and shall pay any damages for unexcused
late completion,then this obligation shall be null and void; otherwise it shall remain in full force and
effect.
IThe Surety hereby waives notice of
any alteration, changes or extension of time made by the
Obligee.
I
Whenever the Contractor shall be, and declared by the Obligee to be in default under the Contract,
the Surety may promptly remedy the default, or shall promptly:
I
(1) Complete the Contract in accordance with its terms and conditions, or if appropriate,
(2) Obtain a bid or bids for completing the Contract in accordance with its terms and conditions,
I and upon determination by the Obligee and the Surety jointly of the lowest possible bidder, arrange for
a contract between such bidder and Surety, and Surety shall pay such bidder pursuant to such contract,
Iwhile Obligee shall pay the Surety the cost of completion up to but not exceeding the balance of the
contract price. The term "balance of the contract price". As used in this paragraph shall mean the total
amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the
Iamount paid by the Obligee to Contractor, or if appropriate,
(3) Promptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor
under the Contract Documents, or for the breach thereof, but not exceeding the amount set forth in the
I first paragraph hereof.
The surety agrees to be bound by any award granted to the Obligee against the Contractor in
I arbitration or judicial proceedings commended pursuant to the Contract Documents.
I
Perfomance Bond
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
No right of action shall accrue on this bond to or for the use of any person or corporation other than
the Obligee named herein or the successors of the Obligee.
Signed and sealed this day of ,2000.
' Contractor:
By
Signature
' (Typed or Printed Name of Signers)
Title
'
Witness
' By
Signature
(Typed or Printed Name of Signers)
Title
(If the Contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond).
Surety
ISI
Address
Phone No.
' Witness By
Signature
T
( yped or Printed Name of Signers)
' Title
(Local Address and Telephone Number)
' (The attorney-in-fact shall attach hereto a copy of his power of attorneyother document
authorizes him to act on behalf of and to bind the surety). or which
Perfomance Bond
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL
(For use where Contractor is individual or partnership)
State of Minnesota )
)SS.
County of )
On this day of 2000 before me personall a are
to me known to be the person Y pPe d
the foregoing bond, and acknowledged that_he executed the same as bried free acin and tand deed of
the individual. s
Notary Public:
Commission Expires:
(Notarial Seal) p
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is a corporation)
State of Minnesota )
)SS.
County of
On this day of 2000 before me personally
, to me personally known who,being by me dulworn did sayeared and
respectively the ofat that they are
instrumental is the corporate seal of said corporation, and that said instrumentthe seal affixed
wass executee in foregoing
behalf of the corporation by authority of the Board of Directors, and said
d
acknowledged the instrument to be the free act and deed of the said corporation.
Notary Public:
Commission Expires:
(Notarial Seal)
ame o ure om an
Home U
Address p Y l hce
Full Name of Surety Co. Name of Local A
AgencyAgency Address of Local
If this bond is executed outside of the State of Minnesota, it must be countersigned on the
Performance Bond by a Minnesota resident agent of the Surety. Company.
Name of Agent Affixing Countersignature
Address
(Affix here Power of Attorney and Acknowledgment of Corporate Surety).
Pbond Acknowledgment
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
I
LABOR AND MATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
' Principal, (hereinafter called Contractor) and, as
as Surety (hereinafter called Surety) are held and firmly bound unto
as Obligee(hereinafter called Obligee) for the use and benefit of claimants as hereinbelow defined,
' in the amount of .Dollars ($
e pa
whereof Contractor and Surety bind themselves,their heirs, executors, administrators,suc essorsnt
and assigns,jointly and severally, firmly by these presents.
' WHEREAS, Contractor has by written agreement dated
contract with Obligee for construction of entered into a
in dance with
Drawings and Specifications prepared by Oak park heights Public accorWorks. which
' contract is by reference made a part hereof, and is hereinafter referred to as the Contract.
' NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contractor
shall promptly make payment to all claimants as hereinafter defined, for all labor and material
used or reasonably required for use in the performance of the Contract and shall keep the Project
' free and clear of all liens as provided in the Contract, then this obligation shall be void; otherwise
it shall remain in full force and effect, subject,however, to the following conditions:
1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond
claim for labor, material, or both, used or reasonably required for use in the performance of the
Contract, labor and material being construed to include without limitation that part of water, gas,
' power, light,heat, oil, gasoline, telephone service,rental of equipment, insurance premiums, taxes,
and any items for which a claim or lien may be filed against the Obligee under the applicable law.
' 2. The above named Contractor and Surety hereby jointly and severally agree with the
Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond
for the use of such claimant, prosecute the suit to final judgment for such sums as may be justly
' due claimant, and have execution thereon. The Obligee shall not be liable for thea ent of an
costs or expenses of any such suit. p y
' 3.No suit or action shall be commenced hereunder by any claimant:
(a)Unless claimant shall have filed a Public Contractors Bond Claim in the form and within
' the time provided under applicable law, or
(b)After expiration of time for enforcement of a Public Contractors Bond Claim by legal
action.
4. The amount of this bond shall be reduced by and to the extent of any payment or payments
made in good faith hereunder.
5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly
remove any and all liens filed against the Project by claimants.
Labor Bond
1
1
1
1
1
1
1
1
1
1
1
1
1
6. The Obligee's right of action on this bond
conditions set forth in ara , or for the breach thereof, shall not be limited by the
p graphs I through 3 above.
Contractor
By
Signature
(Typed or Printe
YPe d name of Signer)
Title
1 Witness
By
' Signature ',
' (Typed or Printed name of Signer)
Title
' (If the Contractor is a partnership or joint venture, all partners or co-venturers must execute this Bond).
' Surety
Address
' Phone No.
Witness
By
Signature
(Typed or Printed Name of Signer)
' Title
' (Local Address& Telephone Number)
' (The attomey-in-fact shall attach hereto a copy of his power of attorney or other document which authorizes him to act
on behalf of and to bind the surety).
' Labor Bond
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
I
CERTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL
(For use where Contractor is individual or partnership)
State of Minnesota )
)SS.
County of
On this day of 2000 before meersonall
to me known to be the person P y appeared
the foregoing bond, and acknowledged that free_he executed the same as bed in and act a and deed o
the individual. deed of
Notary Public:
Commission Expires:
(Notarial Seal) pares:
CERTIFICATE OF ACKNOWLEDGMENT
(For use where Contractor is a corporation)
State of Minnesota )
)SS.
County of _ J
On this day of 2000 before me personally appeared
to me personally known who, being by me duly sworn, did say that they areand
respectively the of
that the instrumental is the corporate seal of said corporation, and that said instrument the
executed in foregoing
behalf of the corporation by authority of the Board of Directors, and said
an
acknowledged the instrument to be the free act and deed of the said corporations
Notary Public:
Commission Expires:
(Notarial Seal)
`ame o ure
Address ompany 'ome I ` ce
Full Name of Surety Co. Name of Local A enc
Agency g Y Address of Local
If this bond is executed outside of the State of Minnesota, it must be countersigned on the Labor
and Material Payment Bond by a Minnesota resident agent of the Surety. Company.
Name of Agent Affixing nat
Countersigure
Address
(Affix here Power of Attorney and Acknowledgment of Corporate Surety).
Labor Bond Acknowledgment
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1
1