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COh~~CT DOCUMENTS
FOR
PRIOR LAKE PARKS TRAIL SYSTEM
PHASE II - FRANKLIN TRAIL SIDEWALK
CITY PROJECT NO. 92-11
FOR THE CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
PREPARED BY
CITY OF PRIOR LAKE
4629 DAKOTA STREET S.E.
PRIOR LAKE, MINNESOTA 55372
.
I hereby certify that this plan, specification or report
was prepared by me or under my direct supervision and that
I am a duly Registered Professional Engineer under the
laws of the state of Minnesota.
//
Date: 05/18/92
~//~//
J .' -,Larrjj'. Anderson
/ / CITY ENGINEER
v/
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..<, .--I ///; \~J
// ' . ///[,.~ .~ ~(/ /'
. Bruce Lon~y J
ASSISTANT CITY ENGINEER
Date: 05/18/92
Reg. No. 10609
Reg. No. 17590
CITY PROJECT NO. 92-11
FOR THE CITY OF PRIOR LAKE
SCOTT COUNTY, MINNESOTA
TABLE OF CONTENTS
Paqes
Certification. · · · · · · . . . . . . . . . . . . . . . . . . . . . . . . . . . 1
Table of contents.............................. 1
Advertisement for Bids......................... 2
Instructions to Bidders........................ 8
Bid proposal................................... 5
Affidavit and Information Required of Bidders.. 1
Form of Agreement.............................. 5
Form of Payment Bond........................... 2
Form of Performance Bond....................... 2
General Conditions............................. 33
Supplemental Conditions........................ 9
Drawings ...................................... 7
Section Number
----------------------------------------------------------------
01010
01011
01025
02104
02331
02357
02521
02531
02950
Special Provisions
Pages
Special Provisions....................l0
Location and Description of Work.......2
Measurement and Payment................3
Removin~ Miscellaneous structures......1
Plant M~xed Bituminous Pavement........2
Bituminous Tack Coat...................2
4" or 6" Concrete Walk.................2
Concrete CUrbing.......................2
Miscellaneous Construction Items.......l
The following Detail Plates are bound with the Specifications:
City of Prior Lake Standard Plate Numbers:
701 - Concrete Sidewalk Detail
MnDOT Standard Plate Numbers:
7036D - Pedestrian Curb Ramp
7100F - Concrete CUrb and Gutters
ADVERTISEMENT FOR BIDS
PRIOR LAKE PARKS TRAIL SYSTEM
PHASE II - FRANKLIN TRAIL SIDEWALK
CITY PROJECT NO. 92-11
BIDS CLOSE JULY 1, 1992
PRIOR LAKE, MINNESOTA
NOTICE IS HEREBY GIVEN that sealed proposals will be received by
the City Council of the City of Prior Lake, Minnesota at the
Prior Lake City Hall located at 4629 Dakota Street S.E., Prior
Lake, Minnesota 55372 until 10:00 A.M. on the 1st day of July,
1992, and will be pUblicly opened at said time and place by two
or more designated officers or agents of the City of Prior Lake,
said proposals for the furnishing of all labor and materials for
the construction, complete in place of the following:
Approximate Quantitie~
BASE BID
4" Concrete Walk
6" Concrete Walk
Remove Concrete Curb & Gutter
B618 Concrete Curb & Gutter
21,750 SF
2,100 SF
520 LF
520 LF
ALTERNATE BID
4" Concrete Walk
Remove Concrete Curb & Gutter
B618 Concrete Curb & Gutter
4,770 SF
80 LF
80 LF
Proposals arriving after the designated time will be returned
unopened.
The Bids must be submitted on the proposal forms provided in
accordance with contract documents, plans and specifications as
prepared by the City of Prior Lake, 4629 Dakota street S.E.,
Prior Lake, Minnesota 55372, upon deposit of twenty-five dollars
deposit ($25.00) per set. The full amount of the deposit for one
set only of drawings and specifications will be returned to
contractors who submit a bona fide bid and who return the
drawings and specifications in good condition within fifteen (15)
days after the opening of bids.
No bids will be considered unless sealed and filed with the City
Mana~er of Prior Lake and accompanied by a cash deposit,
cash~er's check, bid bond or certified check payable to the
Manager of the City of Prior Lake, for five (5%) percent of the
amount bid to be forfeited as liquidated damages in the event
that the bid be accepted and bidder shall fail to enter promptly
into a written contract and furnish the required bond.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
At"i EQUAL OPPORTUNITY EIvtPLDYER
~""""'~-"""'_~""""'.~~""""""_'.,._~"-"",^--...,~.""--'~~.--~-~--~_-.~~_..,-
No bids may be withdrawn for a period of thirty (30) days from
the date of opening of bids. The City of Prior Lake reserves the
right to reject anr or all bids. Further, the City reserves the
ri9ht to accept a b1d higher than the lowest bid if, in the
op1nion of the Council, the public interest will be better
served.
Dated:
s/s David J. Unmacht
City Manager
City of Prior Lake, Minnesota
To be published in the Construction Bulletin on May 22, 1992 and
May 29, 1992.
To be pUblished in the Prior Lake American on May 25, 1992 and
June 1, 1992.
DOCUMENT 00100
INSTRUCTIONS TO BIDDERS
1. DEFINED TERMS:
Terms used in 'these Instructions to Bidders which are defined
in the Standard General Conditions or the Supplementary
Conditions have the meanings assigned to them in the General
Conditions or Supplementary Conditions. The term "Successful
Bidder" means the lowest, qualified, responsible Bidder to
whom OWNER (on the basis of OWNER'S evaluation as hereinafter
provided) gives Notice of Award.
2 . COPIES OF BIDDING DOCUMENTS:
2.1 Complete sets of the Biddin9 Documents in the number and
for the deposit sum stated 1n the Advertisement for Bids
may be obtained from the City of Prior Lake Engineering
Department, 4629 Dakota Street, S.E. Prior Lake,
Minnesota 55372. The deposit will be refunded to
Bidders who submit a bona fide Bid and return the
BiddinCJ Documents to the ENGINEER or OWNER in ~ood
condit1on within fifteen dafs after openin~ of B1ds.
Bidding Documents are on f~le at the off~ce of the
OWNER, for review during normal working hours.
2.2 Complete sets of Bidding Documents shall be used in
preparing Bids; neither OWNER nor ENGINEER assume any
responsibility for errors or misinterpretations
resulting from the use of incomplete sets of Bidding
Documents.
2.3 OWNER and ENGINEER in making copies of Bidding Documents
available on the above terms do so only for the purpose
of obtaining Bids on the Work and do not confer a
license or grant for any other use.
3. QUALIFICATIONS OF BIDDERS:
To demonstrate qualifications to perform the Work, each
Bidder must be pre~ared to submit within five days of OWNER'S
request written ev~dence of financial data, and previous
experience. Each Bid must contain evidence of Bidder's
9Ualification to do business in the state where the Project
1S located, or covenant to obtain such qualification prior to
Notice of Award.
4 · EXAMINATION OF CONTRACT DOCUMENTS AND SITE:
4.1 Before submitting a Bid, each Bidder must (a) examine
the Contract Documents thoroughly, fb) visit the site to
familiarize himself with local cond~tions that may in
any manner affect cost, progress, or performance of the
1.B.l
Work, ee) familiarize himself with federal, state and
local laws, ordinances, rules and regulations that may
in any manner affect cost, progress or performance of
the Work, and fd) study and carefully correlate Bidder's
observations w1th the Contract Documents.
4.2 Reference is made to the Supplementary Conditions for
the identification of those reports of investigations
and tests of subsurface and latent physical conditions
at the site or otherwise affecting cost, progress or
performance of the Work which have been relied upon by
ENGINEER in preparing the Drawings and Specifications.
Copies of such reports are bound with the
Specifications. These reports are not guaranteed as to
accuracy or completeness, nor are thef a ~art of the
Contract Documents. Before submitt1ng h~s Bid each
Bidder will, at his own expense, make such additional
investigations and tests as the Bidder may deem
necessary to determine his Bid for performance of the
Work in accordance with the time, price and other terms
and conditions of the Contract Documents.
4.3 On request OWNER will provide each Bidder access to the
site to conduct such investigations and tests as each
Bidder deems necessary for Submission of his Bid.
4.4 The lands upon which the Work is to be performed,
Rights-of-way for access thereto and other lands
designated for use by CONTRACTOR in performing the Work
are identified in Section 01011, "Location and
Description of Work".
4.5 The Submission of a Bid will constitute an
incontrovertible representation by the Bidder that he
has complied with every requirement of this Article 4
and that the Contract Documents are sufficient in scope
and detail to indicate and convey understanding of all
terms and conditions for performance of the Work.
5. INTERPRETATIONS:
All questions about the meaning or intent of the Contract
Documents shall be submitted to ENGINEER in writing. Replies
will be issued by Addenda mailed or delivered to all parties
recorded by ENGINEER as having received the Bidding
Documents. Questions received less than four days prior to
the date for opening of Bids will not be answered. Only
questions answered by formal written Addenda will be binding.
Oral and other interpretations or clarifications will be
without legal effect.
I.B.2
6. BID SECURITY:
6.1 Bid security shall be made payable to the OWNER, in an
amount of stated in the Advertisement for Bids of the
Bidder's maximum Bid price and in the form of a
certified or bank check or a Bid Bond, Issued by a
Surety meeting the requirements of paragraph 5.1 of the
General Conditions.
6.2 The Bid Bonds of the Successful Bidder will be retained
until such Bidder has executed the Agreement and
furnished the required contract Bonds, whereupon it will
be returned; if the Successful Bidder fails to execute
and deliver the Agreement and furnish the required
contract Bonds within 15 days of the Notice of Award,
OWh~ may annul the Notice of Award and the Bid Bond of
that Bidder will be forfeited. The Bid Bond of any
Bidder whom OWNER believes to have a reasonable chance
of receiving the the Notice of Award (generally the
second and third low Bidder) may be retained by OWNER
until the earlier of the seventh day after the
"effective date of the Agreement" (which term is defined
in the General Conditions) by OWNER to COh'J:t<ACTOR and
the re9Uired contract Bonds are furnished or the
sixty-f~rst day after the Bid opening. Bonds of other
Bidders will be returned within seven days of the Bid
opening.
7. CONTRACT TIME:
The number of days within which, or the date by which, the
Work is to be completed (the Contract Time) is set forth in
the Bid Proposal Form and will be included in the Special
Provisions.
8 . LIQUIDA.l.~1J DAMAGES:,
provisions for liquidated damages, if any, are set forth in
the Special Provisions.
9. SUBSTITlJ,&J!, MATERIAL AND EQUIPMENT:
The contract, if OWNER gives Notice of Award, will be on the
basis of material and e~ipment described in the Drawings or
specified in the Spec~fications without consideration of
possible substitute or "or-equal" Items. Whenever it is
indicated in the Drawings or specified in the Specifications
that a substitute or "or-equal" Item of material or equipment
may be furnished or used by COh4KACTOR if acceptable to
ENGINEER, application for such acceptance will not be
considered by ENGINEER until after the "effective date of the
Agreement". The procedure for submittal of any such
application by CONTRACTOR and consideration by ENGINEER is
I.B.3
set forth in paragraphs 6.7, 6.7.1 and 6.7.2 of the General
Conditions which may be supplemented in the General
Requirements/Special Provisions.
10. SUBCONTRACTORS,. ETC.
10.1 If the Bid Proposal or Supplementary Conditions require
the identity of certain Subcontractors and other persons
and organizations to be submitted to OWh~~ in advance of
the Notice of Award, the apparent Successful Bidder, and
any other Bidder so re~ested{ will within seven days
after the day of the B~d open1ng submit to OWNER a list
of all Subcontractors and other persons and
or~anizations (including those who are to furnish the
pr~ncipal Items of material and equipment) proposed for
those ~ortions of the Work as to which such
identif~cation is so required. Such list shall be
accompanied by an e~erience statement with pertinent
information as to similar projects and other evidence of
qualification for each such Subcontractor, person and
organization if requested by OWNER. If OWNER or
ENGINEER, after due investigation, has reasonable
objection to anf proposed Subcontractor, other person or
organization, e~ther may, before giving the Notice of
Award, request the apparent Successful Bidder to submit
an acceptable substitute without an increase in Bid
price. If the apparent Successful Bidder declines to
make any such substitution, the OWNER will not give
Notice of Award to such Bidder, but his declining to
make any such substitution will not constitute grounds
for sacrificing his Bid Bond. Any Subcontractor, other
person or organization so listed and to whom OWNER or
ENGINEER does not make written objection prior to the
giving of the Notice of Award will be deemed acceptable
to OWNER and ENGINEER.
10.2 In contracts where the Contract Price is on the basis of
Cost-of-the-Work Plus a Fee, the apparent Successful
Bidder, prior to the Notice of Award shall identify in
writing to OWNER those portions of the Work that such
Bidder proposes to subcontract and after the Notice of
Award may only subcontract other portions of the Work
with OWNER'S written consent.
10.3 No CONTRACTOR shall be required to employ any
Subcontractor, other person or organization against whom
he has reasonable Objection.
11. BID PROPOSAL FORK:
11.1 One Bid Proposal Form is attached hereto and an
additional unbound copy is provided to each Bidder
requesting Contract Documents. Additional copies may be
obtained from the ENGINEER.
I.B.4
11.2 Bid Proposal Forms must be completed in ink or by
typewriter. The bid price of each Item on the form must
be stated in words and numerals; in case of a conflict,
words will take precedence.
11.3 Bids by corporations must be executed in the corporate
name by the president or a vice-~resident (or other
corporate officer accompanied by eV1dence of authority
to sign) and the corporate seal must be affixed and
attested by the secretary or an assistant secretary.
The corporate address and state of incorporation shall
be shown below the signature.
11.4 Bids by partnerships must be executed in the partnership
name and be signed by a partner, whose title must appear
under the signature and the official address of the
partnership must be shown below the signature.
11.5 All names must be typed or printed below the signature.
11.6 The Bid shall contain an acknowledgement of recei~t of
all Addenda (the number of which shall be filled 1n on
the Bid Proposal Form).
11.7 The address to which communications regarding the Bid
are to be directed must be shown:
12. SUBMISSION OF BIDS:
12.1 Bids shall be submitted at the time and place indicated
in the Invitation to Bid or Advertisement for Bids and
shall be included in an opaque sealed envelope, marked
with the Project title and name and address of the
Bidder and accompanied by the Bid security and other
required documents. If the Bid is sent through the mail
or other delivery system, the sealed envelope shall be
enclosed in a separate envelope with the notation "BID
ENCLOSED" on the face thereof. Bids arriving at the
designated place after the designated time will be
returned to the Bidder unopened.
13. MODIFICATION AND WITHDRAWAL OF BIDS~
13.1 Bids may be modified or withdrawn by an appropriate
document duly executed (in the manner that a Bid must
be executed) and delivered to the place where Bids are
to be submitted at any time prior to the opening of
Bids.
13.2 If, within twenty-four hours after Bids are opened, any
Bidder files a duly signed written notice with OWNER and
promptly thereafter demonstrates to the reasonable
satisfaction of OWNER that there was a material and
I.B.5
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substantial mistake in the preparation of his Bid, that
Bidder may withdraw his Bid and the Bid security will be
returned. Thereafter, that Bidder will be disqualified
from further Bidding on the Work.
14. OPENING OF BIDS:
14.1 When Bids are opened publicly they will
and an abstract of the amounts of the
major alternates (if any) will be made
the opening of Bids.
14.2 When Bids are opened privatel~, an abstract of
amounts of the base Bids and maJor alternates (if
will be made available to Bidders within seven
after the date of Bid opening.
be read aloud
base Bids and
available after
the
any)
days
15. BIDS TO REMAIN OPEN:
All Bids shall remain open for sixtf days after the day of
the Bid opening, but OWNER may! 1n his sole discretion,
release any Bid and return the B d security prior to that
date.
16. AWARD OF CONTRACT:
16.1 OWNER reserves the right to reject any and all Bids, to
waive any and all informalities and to negotiate terms
of the Contract Documents with the Successful Bidder,
and the right to disregard all nonconforming,
non-responsive or conditional Bids. The quantities
shown on the Bid Proposal Form are estimated and are
furnished only as a basis to prepare a Bid and to
determine the lowest Bidder. The Bid price shall be
determined by multiplying the unit price bid per Item
times the estimated quantity per Item. The sum total of
all bid prices shall be the Contract Price and the basis
for determining the lowest Bid. Discrepancies between
words and figures in a unit ~rice bid will be resolved
to harmonize with the Bid pr~ce. If neither the words
or figures in the unit price harmonize with the Bid
price, the words will be used as the unit price bid.
16.2 In evaluating BidS, OWNER shall consider the
qualifications of the Bidders, whether or not the Bids
comply with the ~rescribed re9Uirements, and alternates
and unit ~rices 1f requested 1n the Bid forms. It is
OWNER'S 1ntent to accept alternates (if an~ are
accepted) in the order in which they are listed 1n the
Bid Propsoal Form but OWNER may accept them in any order
or combination.
I.B.6
16.3
OWNER may consider the qualifications and experience of
Subcontractors and other persons and organizations
(including those who are to furnish the principal Items
of material or equipment) proposed for those portions of
the Work as to which the identity of Subcontractors and
other persons and organizations must be submitted as
provided in the Supplementary Conditions. Operating
costs, .aintenance considerations, performance date and
guarantee of Materials and equipment may also be
considered by OWh~~.
OWNER ~y conduct such investigations as he deems
necess~ to assist in the evaluation of any Bid and to
establish the responsibility, qualifications and
financial ability of the Bidders, proposed
Subcontractors and other persons and organizations to do
the Work in accordance with the Contract Documents to
OWNER'S satisfaction within the prescribed time.
16.5 If the OWNER gives Notice of Award, it will be viven to
the lowest Bidder whose evaluation by OWNER ind~cates to
OWNER that the award will be in the best interests of
the Project.
16.4
16.6 The OWh~H reserves the right to aCgept or reject any, or
all Bids, and also the right to wa~ve any formal defects
in Bids when deemed for the best interests of the OWNER.
Further, the OWNER reserves the right to accept a Bid
higher than the lowest Bid, if in the opinion of the
Council, the public interest will be better served.
16.7 If the contract is awarded, OWNER will 9ive the
Successful Bidder a Notice of Award within s~xty days
after the day of the Bid opening or other specified
date.
17. PERFORMANCE AND OTHER BONDS:
Para~raph 5.1 of the General Conditions and the Supplementary
Cond~tions set forth OWNER'S requirements as to performance
and other Bonds. When the Successful Bidder delivers the
executed A~~eement to OWNER, it shall be accompanied by the
required contract Bonds.
18. SIGNING OF AGREEMENT:
When OWNER gives a Notice of Award to the Successful Bidder,
it will be accompanied by at least three unsigned
counterparts of the Agreement and all other Contract
Documents. Within fifteen days thereafter, COh~KACTOR shall
sign and deliver at least three counterparts of the Agreement
to OWNER with all other Contract Documents attached. Within
ten days thereafter, OWNER will deliver all fully signed
I.B.7
counterparts to CONTRACTOR. ENGINEER will identify those
portions of the Contract Documents not fully signed by OWNER
and CONTRACTOR and such identification shall be binding on
all parties.
19. SPECIAL LEGAL RE2UIREMENTS:
19.1 Special Legal Re9Uirements, if any, will be included in
the Special Prov~sions.
I.B.8
/'
DOCUMENT 00300
BID PROPOSAL FORM
FOR
PRIOR LAKE PARKS TRAIL SYSTEM
PHASE II '
CITY PROu~~~ NO. 92-11
l"u1< ~iii: CITY OF PRIOR LAKE
SCOTT COUNTY. h.1~~E~uTA '
ByjJ)~~t )fa1'
~~ '
~ /; 4 ('oj(e~~fe
, 1992'
Honorable Mayor and City Council
City of Prior Lake, Minnesota
Honorable Mayor and Council Members:
We have examined the site of the Work, as defined in the Contract
Documents, and are familiar with all of the Contract Documents
including the Drawings and Specifications, and propose to furnish
all labor, Materials, skills and facilities which are necessary
for utility and street construction in accordance with the
Drawings, Specifications, and Addenda Nos. and
thereto, prepared by the City of Prior Lake Engineering
Department, Prior Lake City Hall, 4629 Dakota Street S.E., Prior
Lake, Minnesota 55372, for the respective unit and lump sum
prices set forth hereinafter.
B.P. 1
BASE BID:
BID PROPOSAL FORM
FOR '
PRIOR LAKE PARKS TRAIL SYSTEM
PHASE II '
CITY PROJECT NO. 92-11
FOR THE CITY OF PRIOR LAKE
SCOTT COUNTY ~ MINNESOT~ '
FRANKLIN TRAIL CONCRETE WALK CONSTRUCTION FROM T.H.,
13 TO CSAH 44
Item 1
290 B.Y. - Remove and dispose of existing bituminous driveway
pavement, MnDOT 2104, price per Square Yard @ _
f~
~
,Dollars
($3...60 ) = $
2,7 a 0 ()
Item 2
520 L.F. - Remove and dispose of existing concrete curb and
gutter, MnDOT 2104, price per Lineal Foot @
r .Dollars ($ 6. be ) = $ ;;21:" 06.e~
Item 3
20 S.F. - Remove and dispose of existing concrete
MnDOT 2104, price per Square Foot @
~ - 17 .,0 . "1 ~o
~ ~ -loa - .Dollars ($ aL- _ ) = $
sidewalk,
SO ,60 .
Item 4
900 L.F. - Saw existing bituminous driveway pavement, MnDOT
2104, price per Lineal Foot@
~ J'tT" Dollars ($:2. (JO ) = $ -'.JeO .OQ
Item 5
75 Tons - Granular Borrow, MnDOT 3149, for 4 inch granular
cushion under 6" concrete walk thru driveways, price per Ton @
~ Dollars ($ /15:0D) = $ -'-/PlS,6o..
Item 6
44 Ton - Bituminous Mixture .for Driveway Patching, MnDOT
2331, Type 41A Wearing Course Mixture, complete in place, price
per Ton @
<1f7tR.. ~ Dollars ($/ ()6 r Uti>) = $ ,-/y 60, (JCJ
B. P. 2
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Item 7
21 800 S.F. - 4" concrete walk, MnDOT 2521, complete in place
including the final shapinq and compactinq of the qranular
cushion, price per Square Foot @
O'>t( ~-;~
Dollars
($ /'J'I
) = $ ;27 Jl3..2 0-0
;
Item 8
2,150 S.F. - 6" concrete walk, MnDOT 2521, complete in place,
price per Square Foot @
~ .Dollars ($~. 60 ) - $ !f.J60,Do
Item 9
520 L.F. - Concrete curb and gutter, design B-618, MnDOT 2531,
complete in place, price per Lineal Foot @
~ Dollars ($ /0 00 ) = $ .5;;)(jO ~
TOTAL BASE BID ITEMS 1 - 9
$~77,Dc
ALTERNATE BID:
FRANKLIN TRAIL CONCRETE WALK CONSTRUCTION,
CSAH 44 TO T.H. 13,
Item 10
80 L.F. - Remove and dispose of existing concrete curb and
gutter, MnDOT 2104, price per Lineal Foot @
~. .Dollars ($.s ~ ) = $ '-10 C:l
I
Item 11
4,770 S.F. - 4" concrete walk, MnDOT 2521, complete in place
including the final shaping and compacting of the granular
cushion, price per Square Foot @
(}Tu Ch.f~~ .Dollars ($J. ~ ) = $ 69/'1.~o
B.P. 3
Item 12
80 L.F. - Concrete curb and gutter, desiqn B-618, MnDOT 2531,
complete in place, price per Lineal Foot @
-f s;JNl .Dollars ($.../1)""') = $ f? DO $IrE
TOTAL ALTERNATE BID ITEMS 10 - 12 $ 7 I/l-f. RI)
TOTAL BASE BID $ 1..(7.377, o-c
TOTAL ALTERNATE BID $ --cJ I ~(j
TOTAL BID $ $<(. L.fq f. go
,
We understand the award of the contract will be based on the low
bid received for the Base Bid or the total of Base Bid +
Alternate Bid at the sole discretion of the OWner.
The quantities stated hereinbefore are approximate only. Payment
will be made for the quantities of Work ordered and actually
installed com~lete. The provisions of MnDOT 1903 shall not apply
to any items ~n this Project.
We agree that the OWNER intends to give the Notice of Award for
all of the Work shown in the Bid Proposal to one responsible
Bidder in the best interest of the OWNER.
The OWNER reserves the right to accept or reject any, or all
Bids, and also the ri9ht to waive any formal defects in Bids when
deemed for the best 1nterests of the OWNER. Further, the OWNER
reserves the right to accept a Bid higher than the lowest Bid, if
in the opinion of the Council, the public interest will be better
served.
Accompanying this Bid Proposal Form is the required Bid Bond, the
same bein~ subject to forfeiture accordinq to the Minnesota
statutes ~n the event of default by the undersigned.
We have examined the site of the Work and are acquainted with all
conditions affecting the construction of the Work.
Where there appears a discrepancy between the written words and
numerals in a unit price bid, the OWNER reserves the right to
accept and give effect to the words or numerals in the unit price
bid which correspond and harmonize with the extension of the
particular Item, and to disre9ard the words or numerals which do
not correspond and harmonize W1th the extension of the particular
Item, and to disregard the words or numerals which do not
correspond and harmonize therewith. If neither the written words
B.P. 4
AFFIDAVIT AND INFORMATION REQ.UIRED OF BIDDERS,
Affidavit of Non-Collusion:
I hereby swear (or affirm) under the penalty for perjury:
1. That I am the Bidder (if the Bidder is an individual), a
partner in the Biddinq partnership (if the Bidder is a
partnership), or an officer or em~loyee of the Biddinq
corporation havinq authority to S1gn on its behalf (if
the Bidder is a corporation).
2. That the attached Bid or Bids have been arrived at by
the Bidder independently, and have been submitted
without COllusion with, and without, any other vendor of
Materials, supplies, equipment, or serv1ces described in
the invitation to Bid, designed to limit independent
Bidding or competition.
3. That the contents of the Bid or Bids have not been
communicated by the Bidder or its employees or aqents to
any person not an emploree or agent of the Bidder or its
surety on any Bond furn shed with the Bid or BidS, and
will not be communicated to any such person prior to the
official openinq of the Bid or Bids; and
That I have fully
of the statements
4.
informed myself reqardinq the accuracy
made in th~s affidavit.
e~.~
i~~ J/psf),tetr e(,l.fb '1 (J(JACrJ<
Siqned
Subscr~bed and swo to
This fLt; ~y~Of
~~~r ~1L~
Notary PWll~c
My commission expires on )2Lc.- r12ii'.- 19 ~.
me
Binders E.I. Number
(Number USed on Employer'S Quarterly Federal Tax Return, U.S.
Treasury Department Form 941). , ~ I_I ~ 7'10/1
MARY E. SPODEN
NOTARY PU8UC · ~A
MEEKER COUNTY
My Conun. ... 011. .. ..
nor the numerals in the unit price bid correspond and harmonize
with the extension of that particular Item, the written words in
the unit price bid shall govern.
All Addenda shall become a part of the Bid and shall be submitted
with the Bid. The COh~AACTOR shall insert Addenda numbers in the
space where indicated in the Bid Proposal Form. The COh~AACTOR
shall also complete the attached Subcontractors and equipment
lists.
We agree that if this Bid Proposal is accepted, we will execute
the Contract Documents in the form attached to the Specifications
and will furnish a Bond in the full amount of the Contract Price
and in the form attached to the Specifications.
If we receive a Notice of Award, we will furnish Materials and
construct the Work as described, on or before the Specified
Completion Date in the Special Provisions.
Witness:
~5d
Firm Name:
Signed by:
Capacity:
Address of Bidder:
B.P. 5
Respectively submitted,
JJ} ts. f Sfa.r (74.1 b cf ( CM-C/..J ~
f' f21)~ .P~
g Lc- '7L!.U4.
fJ ox ~O (
Wad- k ,~^ ~. MAl
55381
DOCUMENT 00500
AGREEMENT
THIS AGREEMENT, made as of the
19__, by and between a
day of
"
of corporation, partnerShip,
their business name), a
state where incorporated or formed and
Minnesota general partnership, etc.),
"Contractor", and the City of Prior Lake,
corporation (hereinafter called the
referred to as the "City").
(name of contractor, i.e., name
all contracting individuals and
(name of
whether a corporation,
hereinafter called the
a Minnesota municipal
"Owner" and sometimes
RECITALS
WHEREAS, Contractor has been selected by the Owner in
accordance with Minnesota law to provide materials, equipment and
labor necessary for construction and completion of certain
improvements as set forth herein, and
WHEREAS, Contractor has agreed to perform its Obligations,
covenants and undertakings as contained herein in consideration
for payment as contained herein,
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions as hereinafter set forth, the parties
agree as follows:
1. The Contractor agrees to provide all the materials,
equipment and labor necessary for the complete construction of
all the improvements, work and/or obligations of Contractor
(hereinafter referred to as "Work") as required by the draWings,
speCifications, exhibits, conditions, covenants and agreements as
contained in the documents prepared by
for Project , collectively refer~d to as "Contract
Documents", and to' do everything required by the Contract
Documents previously furnished to the Contractor by the Owner and
receipted for by the Contractor.
2. The Contractor agrees that the Work contemplated by the
Contract Documents shall be entirely completed on or before
" 19
3. The Owner agrees to pay Contractor in current funds for
the performance of its obligations pursuant to the Contract
Documents the sum of
DOllars. ($.), s1;1b~ect. to the additions and deductions
as prov~ded for in the spec~f~cat~ons to the Contract Documents
and to make payments on account of the
provided for in said specifications,
stated:
Contract Documents as
except as hereinafter
4. The Contractor and the OWner agree that the Contract
Documents, including but not limited to the specifications,
drawings, standard general conditions, instructions to bidder,
sUPPlementary cond1tions, special provisions, standard utility
spec~f~cations, if any, and Contractor bids, and such other
prOV1S1ons as conta1ned in the Contract Documents, are
incorporated herein by reference and are a part of this Agreement
as if attached or re~eated herein. With respect to the drawings
and specifications wh1ch are part of the Contract Documents, the
Contractor and Owner agree that the followin9 shall constitute a
complete list of said drawings and specificat~ons:
Specifications:
Drawings:
5. Prior to execution of this Agreement, the Contractor
shall furnish to the Owner for review by the City Engineer and/or
City Attorney all bid bonds, performance bonds, letters of credit,
insurance certificates, evidence of insurance in final form, as
required by the Contract Documents. In addition, prior to
execution of this Agreement, the Contractor, if a partnership or
corporation, shall furnish to the City Engineer and/or City
Attorney such resolutions, opinions of counsel, or evidence of
authority required to ensure that the Contractor, upon its
execution of this Agreement, shall be fully bound by its terms.
6. Contractor Representations. Contractor represents and
warrants that neither the execution and delivery of this
Agreement, consummation of the transactions contemplated hereby,
nor the fulfillment of or a compliance with the terms and
conditions of this Agreement is prevented or limited by, or in
conflict with or will result in breach of, the terms, conditions
or provisions of any restriction of Contractor, or evidence of
indebtedness, agreement or instrument of whatever nature to which
Contractor is now party or by which it is bound or will
constitute a default under any of the foregoing. Contractor
further represents and warrants that Contractor will cooperate
with the Owner with respect to any litigation commenced with
respect to the Work contem~lated herein. Contractor represents
and warrants that the Work w1ll conform to all laws, regulations
and ordinances of all local, state and federal government
authorities.
7. Non-Discrimination. The provisions of Minnesota
Statutes, Section 181.59, and of Chapter 11, Title 1, of Prior
Lake City Code, which relate to civil rights and discrimination
and affirmative action shall be considered a part of this
Agreement as though wholly set forth herein, and Contractor
agrees to comply therewith. In addition, Contractor specifically
agrees:
That with respect to any and all
conducted or acts performed pursuant
A~reement, Contractor shall be deemed an
w~thin the meaning of Chapter 11 and
subject to the provisions of Chapter 11.
b. That in the event Contractor fails to perform the
aforesaid contractual provisions of Chapter 11,
this Agreement may forthwith be terminated and
cancelled in whole or in part by Owner and
Contractor shall be liable for any costs or expense
incurred by Owner in Obtaining from other sources
the Work and services to be rendered or ~erformed
or the goods or properties to be furn~shed or
delivered to Owner under this Agreement so
terminated or cancelled.
a.
businesses
to this
employer
shall be
c. That should Owner in a proceeding brought as
provided in Chapter 11 find that Contractor has
engaged in discrimination in connection with this
Agreement and issue a cease and desist order with
respect thereto, Owner shall uphold up to 15% of
the said contract price, if applicable, until such
time as Owner's order has been complied with or
said other contracting party has been adjudicated
not guilty of such discrimination.
d. That Contractor will permit access to any and all
records pertaining to hiring and employment and to
other pertinent data and records for the purpose of
enablin9 Owner, its agencies or re~resentatives, to
ascerta~n compliance with the prov~sions of Chapter
11 applicable to Contractor.
That Chapter 11 shall be binding on
contractors, Subcontractors, or sUppliers.
8. Assiqnment. Contractor represents and agrees for
itself, its successors and assigns that Contractor has
not made or created and that it will not make or create
or suffer to be made or created any total or partial
sale, assignment, conveyance or any trust or power to
transfer in any other mode or form of or with respect to
this Agreement or any part thereof or interest therein
or in Contractor without the prior written approval of
Owner.
e.
all
9. General.
a. The terms and provisions hereof shall be binding
upon and inure to the benefit of the heirs,
representatives, SUccessors and assigns of the
parties hereto.
b. Whenever in this A~reement it shall be required or
permitted that not1ce or demand be given or served
by either party to this Agreement to or on the
other party, such notice shall be delivered
personally or mailed by United States mail to the
addresses hereinafter set forth by certified mail
(return receipt requested). Such notice or demand
shall be deemed timely ~iven when delivered
personally or when depos1ted in the mail in
accordance with the above. The address of the
parties hereto are as follows, until changed by
notice given as above:
If to the Owner:
City Engineer
4629 Dakota Street S.E.
Prior Lake, MN. 55372
Glenn R. Kessel, Esq.
Lommen, Nelson, Cole, & stageberg, P.A.
1100 TCF Tower
Minneapolis, MN. 55402
With a copy to:
If to Contractor:
With a copy to:
c. Except as otherwise provided in this Agreement, the
rights and remedies of the parties to this
Agreement, whether provided by law or by this
A~reement shall be cumulative, and the exerc1se by
e~ther party of anyone or more of such remedies
shall not preclude the exercise by it, at the same
or different times, of any other such remedies for
the same default or breach or of any of its
remedies for any other default or breach or of any
of its remedies for any other default or breach by
the other party. No waiver made by either such
party with respect to the performance, or manner of
time thereof, or any obligation under this
A~reement shall be considered a waiver of any
r~ghts of the party making the waiver with respect
to the particular obligation of the other party or
condition to its own obligation beyond those
expressly waived in writing and to the extent
thereof, or a waiver in any respect in regard to
any other rights of the party making the waiver of
any other obligation of the other party. Delay by
a party hereto in instituting or prosecuting any
cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
d. This Agreement may be amended by the ~arties hereto
only by written instrument executed ~n accordance
with the same procedures and formality followed for
the execution of this Agreement.
e.
This Agreement may be simultaneously executed
several counterparts, each of which shall be
original and all of which shall constitute one
the same instrument.
in
an
and
IN WITNESS WHEREOF, OWner and Contractor have caused
this Agreement to be duly executed on the day and year
first above written.
Approved by the City Council
" 19
on the
day
of
CITY OF PRIOR LAKE
By
Its Mayor
By
Its City Manager
CONTRACTOR:
By
Its
By
Its
Approved as to form:
DOCUMENT 00610
.rul<i'1 OF PAYMENT BOND
KNOW ALL MEN: That we
hereinafter called the Principal, and
and
hereinafter called the Surety, or Sureties, are
firmly bound unto
held
and
hereinafter called the OWNERS, and to such persons, firms and
corporations who may furnish Materials for, or ~erform labor on
the Work, building or improvements, contemplated 1n the contract
hereinafter mentioned, in the sum of
Dollars ($
.>
for the payment whereof the Principal and Surety, or Sureties,
bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these
presents:
WHEREAS, the Principal has by means of a written Agreement dated
entered into a contract with the OWNER for
a copy of which Agreement is by reference made a part hereof.
NOW, THEREFORE, the conditions of this obligation are such that
if the Principal shall faithfully perform the contract on his
part, and satisfy all claims and demands incurred for the same
and shall fully indemnify and save harmless the OWNER from all
costs and damage which he may suffer by reason of failure so to
do and shall fully reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any such default
and shall promptlf make payment to all persons supplfing labor or
material for use ~n the prosecution of the Work prov~ded for in
such contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
AND PROVIDED, that any alterations which may be made in the terms
of the contract, or in the Work to be done under it, or the
giving by the OWNER of any extension of time for the performance
of the contract, or any other forebearance on the part of either
the OWNER or the Principal to the other shall not in any way
release the princi~al and the Surety, or Sureties, or either or
any of them, the~r heirs, executors, administrators, successors
or assigns from their liability hereunder, notice to Surety, or
Sureties, of any such alteration, extension or forebearance being
hereby waived.
This Bond is made for the use and benefit of all persons, firms,
and corporations who may furnish any material or perform any
labor for or on account of said Work, building or improvements
and the~ and each of them are hereby made Obilgees hereunder the
same as ~f their own proper names were written herein as such,
and they and each of them may sue herein.
Signed and Sealed this day of ., 19
In the presence of:
.>
) as to
)
.>
) as to
.>
.>
) as to
.>
, (SEAL)
( SEAL)
( SEAL)
Countersigned
by
AttorneY-in-fact
DOCUMENT 00620,
FORM OF PERFORMANCE BONp
KNOW ALL MEN BY THESE PRESENTS that
(Here insert the name and address or legal title of the'
CONTRACTOR)
as Principal, hereinafter called COh'~'!<ACTOR, and
(Here insert the legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound
unto
(Here insert the name and address or legal title of the OWNER)
,as Obligee, hereinafter called OWNER, in the
amount of Dollars ($ ) for the payment hereof
CONTRACTOR and Surety bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, CONTRACTOR has by written Agreement, dated
19 entered into a contract with OWNER for
(Here 1nsert full name and title)
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 and faithfully perform said contract,
then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
a. The Surety hereby waives notice of any alteration or
extension of time made by the OWNER.
b. Whenever CONTRACTOR shall be, and declared by OWNER to be in
default under the contract, the OWNER having performed
OWNER'S obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:
1. Complete the contract in accordance with its terms and
conditions, or
2. Obtain a Bid or Bids for submission to OWNER for
completing the contract in accordance with its terms and
conditions, and upon determination by OWNER and Surety
of the lowest responsible Bidder, arrange for a contract
between such Bidder and OWNER, and make available as
Work progresses (even though there should be a default
or a succession of defaults under the contract or
contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the
balance of the Contract Price; but not exceeding,
includin~ other costs and damages for which the Surety
may be l~able hereunder, the amount set forth in the
first para9raph hereof. The term "balance of the
Contract Pr~ce" as used in this paragraph, shall mean
the total amount payable by OWNER to CONTRACTOR under
the contract and any Written Amendments thereto, less
the amount properly paid by OWNER to CO~~KACTOR.
c. Any suit under this Bond must be instituted before the
expiration of two (2) years from the date on which final
payment under the contract falls due.
d. No right of action shall accrue on this Bond to or for the
use of any person or corporation other than the OWNER named
herein or the heirs, executors, administrators, or successors
of OWNER.
SIGNED AND SEALED this
day of
A. D. 19
In the presence of:
(
(Principal
(
(
(Title
(SEAL)
Witness
( SEAL)
Witness
(
(Surety
(
(
Title
, (SEAL)
Countersigned
by
Attorney-in-fact
This documenl has imponantlepJ consequences: consultalion with an allomey is encouraged with
respecllo ils complelion or modific:alion.
ST ANDARD
GE~~RAL CONDITIONS
OFT&
CONSTRUCTION CONTRACT
Prepared by
Engineers Joint Contract Documents Committee
and
Issued and Published Jointly By
NATIONAL
SOCIETY OF
PROFESSIONAL
ENGINEERS
rou.m ItlA
I
)
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
A practic~ division of th~
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN CONSULTING ENGINEERS COUNCIL
AMERICAN SOCIETY OF CIVIL ENGINEERS
CONSTRUCTION SPECIFICATIONS INSTITUTE
This document has been approved and endorsed by
The Associated Ge~:;' . Co~traclon or America
These General Conditions have been prepared for use wilb the Owner-<:ontractor Aareements (No.
191C>>-A-1 or 191C>>-A-2, 1983 editions). Their provisions are interrelated and a chanac in one may
necessitate a change in the otben. Comments concerning their usage arc contained in the Commelltary
on Agreements for Engineering Services and Contract Documents, No. 1910-9, 1981 edition. For
" . guidance in the preparation or Supplementary Conditions, see Guide to the Prepararion or Supplc-
mentary Conditions (No. 1910-17, 1983 edition). When bidding is involved, the StancIanI F_ or
Instructions to Bidders (No. 1910-12, 1983 edition) may be used.
EICDC No. 1910-1 (191] Editioa)
'..
C 1983 National Society of Professional Enaioeen
1420 King Street. Alexandria. VA 22314
American Consulting Engineers Council
1015 15th Street, N.W., Washinaton, D.C. 20005
American Society of Civil Engineen
345 East 47th Street, New York. NY 10017
Construction Sp<<ifications Institute
601 Madison St.. Alexandria. VA 22314
L.
(
TABLE OF CONTENTS OF GENERAL CONDITIONS
Arliclt'
NlImbn Tilli'
t
DEFINITIONS. . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
2 PRELIMINARY MA TIERS ........................................
3 CONTRACT DOCUM ENTS:
INTENT, AMENDING AND REUSE. .. . ..... " .. " . . . . . . " " " " "
4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
REFERENCE POINTS. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
5 BONDS AND INSURANCE ........................................
6 CONTRACTOR'S RESPONSIBILITIES ............................
7 OTHER WORK .....................................................
8 OWNER'S RESPONSIBILITIES....................................
9 ENGINEER'S STATUS DURING CONSTRUCTION ..............
10 CHANGES IN THE WORK. ............ .................. ...... ....
II CHANGE OF CONTRACT PRICE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
12 CHANGE OF CONTRACT TIME .... ..... .............. ............
13 WARRANTY AND GUARANTEE: TESTS AND
INSPECTIONS: CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK ...........................
14 PA YMENTS TO CONTRACTOR AND COMPLETION ............
15 SUSPENSION OF WORK AND TERMINATION ...........,......
16 AlBInA nON .....,..,...............................,..,.........
17 MISCELLANEOUS. . . . . . . . . , . . ... . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . ..
t
\ ~
3
PQll'
7
8
9
10
II
14
18
19
19
21
21
24
24
26
29
31
32
INDEX TO GENERAL CONDITIONS
Articlt or Paragraph
Numbtr
Acceptance of Insurance ..........................,.. 5.13
Access to the Work .................................. 13.2
Addenda--dcfinition of (see definition of
Specifications) .........,.............................. 1
Aareement-definition of ................................ I
All Risk Insurance ...... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .' 5.6
Amendment. Written.... .. . .. .. ..... .. .... .. .. .., 1. 3.1.1
Application for Payment-definition of .................. 1
Application for Payment. Final ...................... 14.12
Application for Proaress Payment .................... 14.2
Application for Progress Payment-review of .... 14.4.14.7
Arbitration ............................................. 16
Authorized Variation in Work ......................... 9.5
A vailability of Lands .................................. 4.1
Award. Notice of-defined .............................. 1
Before Starting Construction ...................... 2.5-2.7
Bid-definition of ....................................... 1
Bonds and Insurance-in general ........................ S
Bonds-detlnition of..................................... 1
Bonds. Delivery of ............................... 2.1. 5.1
'Bonds. Performance and Other.................... 5.1-5.2
Cash Allowances ..................................... 11.8
Chanae Order-definition of ............................. 1
Chanae Qrders-to be executed ...................... 10.4
Chanaes in the Work ................................... 10
Claims. Waiver of -on Final Payment ............... 14.16
Qarifications and Interpretations ...................... 9.4
Ocanina ............................................. 6. 17
Completion . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 14
Completion. Substantial ......................... 14.8-14.9
Conference. Preconstruction .......................... 2.8
Conftict. Error. Discrepancy-Contractor
to Report ...................................... 2.5. 3.3
Construction Machinery. Equipment. etc. ............. 6.4
Continuina Work ..................................... 6.29
Contract Documcnts-amending and
supple_ntina .................................. 3.4-3.5
Contract Documents-definition of ...................... 1
Contract DocumentS-Intent ...................... 3.1-3.3
Contract DocumcntS-Reuse of ....................... 3.6
Contract Price. CbaRIC of .............................. II
Contract Price--definition ............................... 1
Contract Tunc, CbaRF of .............................. 12
Contract Tunc, commencement of .................... 2.3
Contract Tune--dcfinition of ............................ 1
Contractor--definitioe of ................................ I
Contractor May Stop Work or Terminate............. IS.S
Contractor.s ContiDuiDa Obligation .................. 14.IS
ContradOl'.s Duty to Report DiscrepancY
in [)ocUDlents .................................. 2.S, 3.2
Contractor.s Fee -Cost Plus ... 11.4.S.6, I1.S.I, 11.6-11.7
ContradOr.s u.biIily IDsurance ....................... S.3
ContradOl'.s Respoesibilities-in aeneral ................ 6
t
Contractor's Warranty of Title ........................ 14.3
Contractors--other ................. . . . . . .. . .. . .. . .. .. ... 7
Contractual Liability Insurance. ...................... 5.4
Coordinating Contractor-definition of ................ 7.4
Coordination .......................................... 7.4
Copies of Documents..... .. .. ." .. . .. . .. . .. ... .. .. .... 2.~
Correction or Removal of Defective Work ........... 13. I I
Correction Period. One Year ........................ 13.12
Correction. Removal or Acceptance of Defective
Work-in general ........................... 13.11-13.14
Cost-net decrease...... ... . .. .. . . . .. .. .. .. .. .. .... 11.6.~
Cost of Work. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ., 1 1.4-11.5
Costs. Supplemental. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. 11.4.5
Day-definition of ................... . . . . . . . . . . . . . . . . . . ., I
Dt"ftcrh.t--definition of ................................. I
Dt"ftcri\'t Work. Acceptance of ...................... 13.13
Dtftcr;vt Work. Correction or Removal of .......... 13.1 I
Dt'ft"crh.t Work-in general ............... 13. 14.7. 14.11
Dt'ft"cr;\'t Work. Rejecting........ ... .. .. .. .. .. .. .. .... 9.6
{)efinitions .............................................. 1
{)elivery of Bonds................. ... ............ ..... 2.1
{)etermination for Unit Prices ........................ 9.10
Disputes. Decisions by Engineer................. 9.11.9.12
Documents. Copies of ................................. 2.2
Documents. Record .................................. 6.19
Documents. Reuse .................................... 3.6
Drawings-definition of ................................. 1
t
Easements ............................................ 4.1
Effective date of Agreement-definition of ., . . . . . . . . . . . .. 1
Emergencies ......................................... 6.22
Engineer-definition of .................................. I
Enaineer's Decisions.............. .. ............ 9.1~9. 1~
Engineer's-Notice Work is Acceptable ............. 14.13
Enaineer's Recommendation of Payment ...... 14.4. 14.13
Enaineer's Responsibilities. Limitations
OIl .................................. 6.6,9.11.9.13-9.16
Enaineer's Status Durina Consuuction-in aeneral ...... 9
Equipment. Labor, Materials and .................. 6.3-6.6
Equivalent Materials and Equipment .................. 6.7
Explorations of physical conditions ................... 4.2
Fcc, Contractor's--Costs Aus .. . . .. . . .. ..... .. . . . .... 11.6
rlCld Order-definitioo of ............................... I
rlCld Order-issued by Enainecr ................ 3.S.I, 9.S
Final Application for Payment ....................... 14.12
rmallnspection ..................................... '4.' 1
Final Payment and Acceptance ...................... 14.13
rmal Payment, Recommendation of ........... 14.13-14.14
General Provisions .............................. 17.3-17.4
General Requirements-definition of .... . . . . . . . . . . . . . . . ., I
General Requirements-principal
references to ................. 2.6, 4.4. 6.4, 6.6-6.7, 6.23
(
..
r
Givin. Notice -....................................... '7.'
Guarantee GfWort4y Contractor................... 13.1
Indemnificatioa .... h.... . .. . . . .. .. . .. .. .. . .. . .. 6.30-6.32
Inspection. F.... .......... .. .. .. .. . . .. .. .. .. . .. . . '''.11
Inspection, Tests and . .. . .. . . .. . .. .. . .. . .. .. .. . .. 1l.3
Insurance. Bonds and-in general ....................... 5
Insurance. C~cates 0( ........................ '" 2.7, 5
Insurance-<oarpletecf Operations.. . . . . . . . . '" . .. . . . . " 5.3
Insurance. Conlrac1or's liability ...................... 5.3
Insurance. ConIlactu~ liability ....................... 5."
Insurance. o.,.lItf's liability .......................... 5.5
Insurance, Proprny .............................. 5.6-5.13
Insurance-Waner 0( Riahts ......................... 5.11
Intent of C,*11ICt Documents ................... 3.3,9.'"
Interpretario!ls II'Id Clarifications ...................... 9."
Investigations cI phYsical conditions. . . . . . . . . . . . . . . . . " ".2
Labor, Materials and Equipment .................. 6.3-6.5
Laws and Rqulations-definition of . . . . . . . . . . . . . . . . . . . " I
Laws and Rqulalions-general . .. . .. .. '" .. .. .. ... ... 6.14
Liability InslU3nce-Contractor's ..................... 5.3
Liability InsW'ante-o..ner's ......................... 5.5
Liens-definiriOllS 01 ................................ 1".2
Limitations 011 &ginea-'s
Responsibiities ..................... 6.6, 9.11. 9.13-9.16
(
Materials and cquiplReat-fumished by Contractor .... 6.3
Materials and equipmeDl-not
incorporaled ia Wort .............................. 1".2
Materials or cquipmenl--equivalent ................... 6.7
Miscellaneous Provisio.s ............................... 17
Multi-prime contracts ................................... 7
Notice, Givina cI . ... ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . " . 7. .
Notice of Acceptabiity of Project ................... 14.1l
Notice of A ward---ddit.ition of .......................... .
Notice to Proceed-ddinition of . . . . . . . . . . . . . . . . . . . . . . . " I
Notice to Proceed-civial of .......................... 2.3
"Or- Equal" Iterns ... . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 6.7
Other contractors ....................................... 7
Other wort .................. . . . . . . . . . . . . . . . . . . . . . . . . . . " 7
Ove"ime Worl-prolaibition of . . . . . . . . . . . . . . . . . . . . . . " 6.3
Owner--definiliOll cI .................................... J
Owner May Comet ~ct;v~ Work ................. '3.1"
Owner May Stap Wart ..... . . . . . . . . . . . . . . . . . . . . . . .... 13.10
Owner May SIISpaId Wart, Terminate .......... J5.J-IS.4
Owner's Duty 10 &ea.r Chanle Orders............. 11.8
Owner's LiabiJiry -1'IKe ........................... 5.5
Owner's Represeararive-Enlineer to serve as ........ 9.1
Owner's Re~n leneraJ .................... 8
Owner's Separaae ....,-.ntative at site ............... 9.3
(;
Partial Utilization . ................................. '''.'0
Partial Utilizariwt .....ion of ......................... .
Partial UtiliDtiao ~y Insurance ............... 5.15
Patent Fees and ~ ............................ 6.12
Payments, R~- "iIIIioa of ........... 14.4-14.7, 14.13
Payments to C"-.lw-in aeneraJ .................... 14
5
Paymenls 10 Conll'lClor-whcn due """.,." /4.4. /4.1)
Payments to Contractor-withholdi... ................ '''.7
Performance and other Bonds..................... 5.'-5.2
Permits . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " 6.1 J
Physical Conditions ................................... ".2
Physical Conditions-Enlineer's review ............. ".2."
Physical Conditions-existin. structures... ...... .... ".2.2
Physical Conditions-explorations and repo"s . ...... ".2. I
Physical Conditions-possible dOCument chanle ..... ".2.5
Physical Conditions-price and time adjustments .... ".2.5
Physical Conditions-repon or dilferin. ............. ".2.3
PhYsical Conditions-Underaround Facilities .......... ".3
Preconstruction Conference ........................... 2.8
Preliminary Matters ..................................... 2
Premises, Use of ................................ 6.16-6.18
Price. Chanle of Contract .............................. I I
Price-Contract-definition 0( ............................ I
Progress Payment, Applications for ................... 14.2
Progress Payment-retainage ......................... '''.2
Progress schedule ............... 2.6, 2.9,6.6,6.29. 15.2.6
Project-detinition of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
Project Representation-provision for ................. 9.3
Project Representative, Resident-detinition of .......... I
Project, Starting the ................................... 2.4
Propeny Insurance ............................... 5.6-5. J3
Propeny Insurance-partial Utilization............... 5.15
Propeny Insurance-Receipt and Application
of Proceeds ................................... 5.12-5. J3
Protection, Safety and ........................... 6.20-6.2 I
Punch list ........................................... 14.11
Recommendation of Payment............. " '" '''.4, 14. J3
Record Documents ................................... 6. 19
Reference Points ...................................... 4.4
Regulations, Laws and ............................... 6.14
Rejecti", D~/~cl;v~ Work ............................. 9.6
Related Work at Site .............................. 7.1-7.3
Remedies Not Exclusive ............................. J7.4
RemOval or Correction of D~f~cliv~ Wort ........... 13.11
Resident Project Representative-detinition of .... . . . . . " I
Resident Project Representative-provision for...... " 9.3
Responsibilities, Contractor's-in leneraJ ............... 6
ResponSibilities. Engineer's-in leneraJ ................. 9
Responsibilities, Owner's-in ,eneraJ .. . . . . . . . . . . . . . . . . .. 8
Retainaae ............................................ '..2
Reuse of Documents .................................. 3.5
Riahts of Way ................................ .'. . . . . . " 4.1
Royalties, Patent Fees and ........................... 6.12
Safety and Protection . . . . . . . . . . . . . . . . . . . . . . . . . . .. 6.20-6.21
Samples ......................................... 6.23-6.28
Schedule of proJl'ess ........ 2.6, 2.8-2.9, 6.6, 6.29, 15.2.6
Schedule of Shop Drawina
submissions ...................... 2.6, 2.8-2.9, 6.23, 14.1
Schedule of values ...................... 2.6, 2.8-2.9, 14. J
Schedules. Finalizinl ..................,............... 2.9
Shop Drawinas and Samples ..................... 6.23-6.28
Shop DrawinlS-detinitioD of . . . . . . . . . . . . . . . . . . . . . . . . . . .. I
Shop Drawiftas, use to approve
substitutions ...................................... 6.7.3
Site. Visits to-by Elllineer ........................... 9.2
Specificatioas-definilion of ............................. I
Startina ConstNCtion. Before. . . . . . . . . . . . . . . . . . . . ., 2.~.2.8
Startina the Project... .... . . . . .. . . . . . . . . . . . . ., . . . . . . . ., 2."
Stopping Work-by Contractor....................... IS.5
Stopping Work-by Owner.......................... 13.10
Subcontractor-definition of ......... . . . . . . . . . . . . .. . . . . ., I
Subcontractor\-in aeneral ....................... 6.8-6. I I
Subcontracts-required provisions ............ 5. I I .1.6. I I
11.4.3
Substantial Completion--Certification of .............. 14.8
Substantial Completion-definition of . . . . . . . . . . . . . . . . . . ., I
Substitute or "Or-Equal" Items ....................... 6.7
Subsurface Conditions...... . .... ... . . .. .... ..... .. 4.2~.3
Supplemental costs......... . ... . . . . .. . . ., ., .. ., .... I I .".S
SupplementarY Conditions~efinition of ................ I
Supplementary Conditions-principal
references to .. 2.2.4.2. 5. I. 5.3. 5.6-5.8.6.3.6.13.6.23.
7.4.9.3
Supplementing Contract Documents.. ., ... ... ..... 3.4-3.5
Supplier-dcfinition cI ... ... .... ........ ......... ... ., .., 1
Supplier-principal references to ... 3.6.6.5.6.7-6.9.6.20.
6.24.9.13.9.16. ".8. 13.4. 14.12
Surety-consent to payment.................. 14.12. 14.14
Surety-Enaincer has no duty to ..................... 9.13
Surety-noIiceto ..........................10.1. 10.5.15.2
Surety-qualification of ........................... 5.1.5.2
Suspending Work. by Owner ......................... 15.1
Suspension of Work and Termination-in general....... 15
Superintendent-Contractor"s ......................... 6.2
Supervision and Superintendence. ........ .... ..... 6.1-6.2
Taxes-Payment by Contractor....................... 6.15
Terminatioo-bY Coetractor .......................... IS.S
T erminatioa-by Owner ......................... 1 S .2.15.4
Termination. Suspension of Work and-in general...... 15
Tests and Inspections ........................... 13.3-13.7
Time. Chanae of CODtract .............................. 12
Time. Computation or ................................ 17.2
Time. Contract-definition of ........... .. .. .. .... ... . . .. I
,
Uncovering Work ............................... 13.8-1).9
Underground Facilities-definition of ... ., ., ., . .,. ., .. ... 1
Underground Facilities-not shown or indicated ..... ".3.2
Underground Facilities-protection of ........... ".3.6.20
Underground Facilities-shown or indicated. ., ., . . ., 4.3.1
Unit Price Work-definition of .......................... I
Unit Price Work-general ................. ".9. 14.1. 14.5
Unit Prices ......................................... 11.3.1
Unit Prices. Determinations for.. .. .. . .. .. .. . . . ... .. .. 9.10
Use of Premises ................................. 6.16-6.18
Utility owners .......................... 6.13.6.20.7.2-7.3
Values. Schedule of ......................... 2.6. 2.9. 14. I
Variations in Work-Authorized............ 6.25.6.27.9.5
Visits to Site-by Engineer ............................ 9.2
Waiver of Claims--on Final Payment................ 14.16
Waiver of Rights by insured parties. .. .. .. . . ., ., S.10.6.ll
Warranty and Guarantee-by Contractor............. 13.1
Warranty of Title. Contractor's.. .. .. .... .. .. . .. ... .., 14.3
Work. Access to ..................................... 13.2
Work-by others ........................................ 7
Work Continuing During Disputes.................... 6.29
Work. Cost of ................................... 11.4.1 1.5
Work~efinition of ..................................... 1
Work Directive Change~efinition of ................... 1
Work Directive Change-principal
references to ............................ 3.4.3. 10.1-10.2
Work. Neglected by Contractor ..................... 13.14
Work. Stopping by Contractor........................ lS.5
Work. Stoppina by Owner ....................... 1 S .1-1 S.4
Written Amendment-definition of ...................... I
Written Amendment-principal
references to ..................... 3.".1.10.1.11.2.12.1
,
t
6
e
GENERAL CONDITIONS
ARTICLE I-DEFINITIONS
Wherever used in Ihese General Conditions or in the other
Contracl Documenrs Ihe (ollowing lerms have Ihe meanings
indicaled which are applicable 10 balh Ihe singular and plural
thereof:
Addendu-Wriuen or graphic inslrumenrs issued prior 10 Ihe
openin, o( Bids which c1ari(y. correcl or change lhe bidding
documents or Ihe Contracl Documenls.
Agreemelfl_ The written agreemenl between OWNER and
CONTRACTOR covering lhe Work to be performed; other
Contract Documents are altached 10 the Agreement and made
a pan thereof as provided therein.
Application for Puyme1l1- The (orm accepted by ENGI-
N EER which is to be used by CONTRACTOR in requesting
progress or final payments and which is to include such sup-
porting documentation as is required by the Contract
Documents.
Bid-The otTer or proposal of the bidder submiued on the
prescribed form setting (onh the prices for the Work to be
performed.
(
Bonds-Bid. performance and payment bonds and other
instruments of security.
Changt' Order-A document recommended by ENGINEER.
which is signed by CONTRACTOR and OWN ER and autho-
rizes an addition. deletion or revision in the Work. or an
adjustment in the Contract Price or the Conlract Time. issued
on or after the Effective Date of the Agreement.
Contract Documt'lfIs- The Agreement Addenda (which per-
tain to the Contract Documents). CONTRACTOR's Bid
(including documentation accompanying the Bid and any post-
Bid documentation submitted prior to the Notice of A ward)
when anached as an exhibit to the Agreement. the Bonds.
these General Conditions. the Supplementary Conditions. the
Specifications and the Drawinas as the same are more spe-
cifically identified in the Agreement. toaether with aJI amend-
ments. modifications and supplements issued pursuant to
patap'aphs 3.4 and 3.5 on or after the Effective Date or the
Aareement.
Contract Pr;ce- The moneys payable by OWNER to CON-
TRACTOR under the Contract Documents as stated in the
Aareement (subject to the provisions of' paraaraph 11.9.1 in
the case of Unit Price World.
()
Contract nme- The number of days (computed as provided
in patap'aph 17.2) or the date stated in the Agreement for the
completion of the Work.
CONTRACTOR-11te person, firm or corporation with whom
OWNER has entered into the AareemeDt.
delectil'e-An adjective which when modifyin, the word Wort
refers to Work that is unsatisfactory. faulty or deficient. or
does not conform to the Contract Documents. or does not
meet Ihe requirements of any inspection. reference standard.
test or approval referred to in the Contract Documents. or
has been damaaed prior to ENGINEER's recommendation
affinal payment (unless responsibility for the protection thereof
has been assumed by OWNER af Substantial Completion in
accordance with paraaraph 14.8 or 14.10).
Dra,,'ings_ The drawinas which show the character and scope
of the Work to be performed and which have been prepared
or approved by ENGIN EER and are referred to in the Con-
lract Documents.
EfJecti"t' Date of the Agreemt'nt_ The date indicated in the
Agreement on which it becomes effective. but if no such date
is indicated it means the date on which the Agreement is
signed and delivered by the last o( the two panies to sign and
deliver.
ENGINEER-The person, firm or cOrporation named as such
in the Agreement.
Fit'ld Ordu-A written order issued by ENGINEER which
orders minor changes in the Work in accordance with para_
graph 9.5 but which does not involve a change in the Contract
Price or the Contract Time.
Genual Rt'quirt'ments-Sections of Division I of the Speci.
fications.
La...s and Rt'gulations: Laws or Rt'gulations-Laws. rules.
regulations. ordinances. codes and/or orders.
Notict' of A"'ard-The written notice by OWNER to the
apparent successful bidder statina 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.
Notict' to Procud-A written notice liven by OWNER to
CONTRACTOR (with a copy to ENGINEER) fixin. the date
on which the Contract Time will commence to IUn and on
which CONTRACTOR shaD start to perform CONTRAC-
TOR'S obliptions under lbe Contract Documents.
OWNER-The public body or authority, COrporation, asso-
ciation. firm or person with whom CONTRAL I uR has entered
into the Agreement and for whom the Work is to be provided.
Partial UtiliZQt;on-Placina a portion 0( the Wort in service
for the purpose for which it is intended (or a related purpose)
before reachina Substantial Completion for all the Wort.
Project-The total eonstructioo of' which the Wort to be
provided under the Contract Doc:uments may be the whole,
or a part as indicated elsewhere in the Contract Documents.
R~sident Project R~p'e.seIllGIiY~The authorized represea-
tative 0( ENGINEER who is assiped to the site or any part
thereof'.
7
Sleop DraM'i"'S-AII drawinls. dialrams. illustrations.
schedules and other data which are specifically prepared by
or for CONTRACTOR to illustrate some portion of the Work
and all iIIustratioM. brochures. standard schedules. perfor.
mance charts. instructions. diagrams and .other information
prepared by a Supplier and submitted by CONTRACTOR to
illustrate material or equipment for some portion ofthe Work.
Sp~cifications- Those portions of the Contract Documents
consisting of wrille. technical descriptions of materials.
equipment. construction systems. standards and workman-
ship as applied to the Work and certain administrative details
applicable thereto.
Subcontractor-An individual. firm or corporation having a
direct contract with CONTRACTOR or with any other Sub-
contractor for the performance of a part of the Work at the
site.
Substantial C ompl~tiOll- The Work (or a specified part thereof)
has progressed to the point where. in the opinion of ENGI-
NEER as evidenced by ENGINEER's definitive 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 is intended~ or if there be no such certificate issued. when
final payment is due in accordance with paragraph 14.13. The
terms "substantially complete" and "substantially com.
pleted" as applied to any Work refer to Substantial Comple.
tion thereof.
Suppltmtntary Corulitions- The part of the Contract Docu-
ments which amends or supplements these General Condi-
tions.
Suppli~r-A manufacturer. fabricator. supplier. distributor.
materialman or vendor.
Und~rground FaC'iIi,~s-Al1 pipelines. conduits. ducts. cables.
wires. manholes. vaults. tanks. tunnels or other such facilities
or attachments. and any encasements containing such facil-
ities which have been installed underaround to furnish any of
the followina services or materials: electricity. pscs. steam.
liquid petroleum products. telephone or other communica-
tions. cable television. sewaae and drainaae removal. traffic
or other control systems or water.
Unit Prict' WorA:-Work to be paid for on the basis of unit
pIKes.
Work-The entire campleted construction or the various sep-
arately identifiable parts thereof required to be furnished
under the ContrlCl Documents. Work is tbe result of per-
formina 5eriices. r.msbinalabor and furnishina and iDcor-
porath'. materials and equipment into the constrUCtion. all
as required by the ContraCt Documents.
Work Directive C"..,~A written directive to CONTRAC-
TOR. issued on or lifter the Effective Date of the A.,,, · .ment
and siped by OWNER and recommended by ENGINEEIl.
orderin, an addition. deletion or revision in the Work. or
respondinl to dift'erina or unforeseen physical conditions under
which the Work is to be performed as provided in paraaraph
4.2 or 4.3 or to emeraencies under parqraph 6.22. A Work
Directive Chanle may not chanse the Contract Price or the
Contract Time. but is evidence that the parties expect that
the chanle directed or documented by a Work Directive
Change will be incorporated in a subsequently issued Chanle
Order following negotiations by the parties as to its effect. if
any. on the Contract Price or Contract Time as provided in
paragraph 10.2.
(
Wrilt~n Amtndm~nt-A written amendment of the Contract
Documents. signed by OWNER and CONTRACTOR on or
after the Effective Date of the Aareement and normally deal-
ing with the nonengincering or nontechnical rather than strictly
Work-related aspects of the Contract Documents.
ARTICLE 2_PRELIMINARY MATTERS
Ddifl" of BoNIs:
2.1. When CONTRACTOR deliven the executed Agree-
ments to OWNER. CONTRACTOR shall also deliver to
OWNER such Bonds as CONTRACTOR may be required to
furnish in accordance with parqraph 5.1.
Copus of DoculfI,lIIJ:
2.2. OWNER shall furnish to CONTRACTOR up to ten
copies (unless otherwise specified in the Supplementary Con.
ditions) of the Contract Documents as are reasonably nec-
essary for the execution of the Work. Additional copies will
be furnished. upon request. at the cost of reproduction.
t
Comm,nc,rrulll ofColtl1YUt TinII; Notkt fO Proc"tl:
2.3. The Contract Time will commence to run on the
thirtieth day after the Effective Date of the Aareement. or. if
a Notice to Proceed is Jiven. on the day indicated in the
~otice to Proceed. A Notice to Proceed may be liven at any
time within thirty clays after tbe Effective Date of the Aaree-
mente In no event will the Contract Tame commence to run
later than the seventy-fifth day after the day or Bid openina
or the thirtieth day after the Effective Dale of the Ap'Cement.
whichever date is cartier.
SItU1baI tII, projld:
2.4. CON I i\ACTOR shall start to perform the Work on
the date when the Contract Time commences to run. but no
Work shall be done at the site prior to the date on which the
Contract Time ~mences to run.
B,/o" SIIU'thtI C,,1UInfdiMa:
2.'. Before unckrtakina each part of the Work. CON- ·
TRACTOR shaD carefully study and compare the Contract ·
Documents and check and verify patinent fiaures shown
8
e
thereon and all applicable field measurements. CONTRAC.
TOR shall promptly repon in writin. to ENGINEER any
conflict. error or discrepancy which CONTRACTOR may
discover and shall obtain a wrilten interpretation OriclaOli.
cation from ENGINEER before proceedin. with any Work
affected thereby; howC\'er. CONTRACTOR shall not be lia.
bIe 10 OWNER or ENGINEER for failure to repon any
conflict. error or discrepancy in the Contract Documents.
unless CONTRACTOR had actual knOWledge thereof or should
reasonably have known thereof.
2.6. Within ten days after the Effective Date of the A,ree.
ment (unless otherwise specified in the General Require-
ments). CONTRACTOR shall submit to ENGINEER for
review:
2.6.1. an estimated progress schedule indicatin, the
staning and completion dates of the various stages of the
Work:
2.6.2. a preliminary schedule of Shop Drawing sub-
missions: and
("
2.6.3. a preliminary schedule of values for all of the
Work which will include quantities and prices of items
aggregating the Contract Price and will subdivide the Work
into component pans in sufficient detail to serve as the
basis for progress payments during construction. Such
prices will include an appropriate amount of overhead and
profit applicable to each item of Work which will be con-
firmed in writing by CONTRACTOR at the time of sub-
mission.
2.7. Before any Wort at the site is started. CONTRAC.
TOR shaJJ deliver to OWNER. with a copy to ENGINEER.
certificates (and other evidence of insurance requested by
OWNER) which CONTRACTOR is required to purchase and
maintain in accordance with patap'aphs S.3 and S.4. and
OWNER shall deliver to CONTRACTOR certificates (and
GIber evidence of insurance requested by CONTRACTOR)
which OWNER is required to purchase and maintain in
accordance with paraaraphs S.6 and S.7.
huOllSlIWdoll CoII/,,,,,":
2.'. Within twenty days after the Effective Date or the
Aareement. but before CONTRACTOR starts the Wort at
tIae site. a conference attended by CONTRACTOR, ENGI-
NEER and othen as appropriate will be held to discuss the
scbedules referred to in patap'aph 2.6, to discuss procedures
for handling Shop Drawin,s and other submittals and for
processing Applications ror Payment, and to establish a wort.ina
understandin, amona the panies as to the Work.
o
'....., SCMdll1a:
2.9. At least teD days before submission of the fint Appli-
cation for Payment a conference attended by CONTRAC-
TOR. ENGINEER IIId OIhcn as appropriate will be held to
ftaaIize the schedules submitted in KCOrdance with .....
p'aph 2.6. The finalized proaress schedule will be acceptable
to ENGINEER as providina an orderly proaression 0( the
Work to completion within the Contract Time, but such
~(eptance will neither impose on ENGINEER responsibility
for the pro,ress or sChedulin, of the Work nor relieve CON.
TRACTOR from full responsibility therefor. The finalized
schedule of Shop Drawin, submissions will be acceptable to
E~GINEER as providin, a workable arrangement for pro-
cessing the submissions. The finalized schedule of values will
be acceptable to ENGINEER as to form and substance.
ARTICLE 3-CONTRACT DOCUMENTS: INTENT.
AMENDING. REUSE
lIWIII:
3.1. The Contract Documents comprise the entire agree.
ment between OWNER and CONTRACTOR concerning the
Work. The Contract Documents are complementary: what is
called for by one is as binding as if called for by all. The
Contract Documents will be construed in accordance with
the law of the place of the Project.
3.2. It is the intenl of the Contract Documenls 10 describe
a functionally complete Project (or pan thereoO to be con-
structed in accordance with the Contract Documents. Any
Work. materials or equipment that may reasonably be inferred
from the Contract Documents as being required to produce
the intended result will be supplied whether or not 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
that meanin.. Reference to standard specifications. manuals
or codes of any technical society. orpnization or association.
or to the Laws or Re,ulations or any governmental authority.
vihether such reference be specific or by implication. shall
mean the lalest standard specification. manual. code or Laws
or Re,ulations in effect at the time of openina 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. manuaJ
or code (whether or not specifically incorporated by reference
ill the Contract Documents) sball be effective to chanac the
duties and responsibilities of OWNER. CONTRA,", I uR or
ENGINEER. or any of their consuttants. alents or employ-
ees from those set forth in the Contract Documents, nor shall
it be effective to assian to ENGINEER, or any of ENGI-
NEER's consultants, aaents or employees, any duty or
authority to supervise or direct the fUrnishin, or performance
0( the Work or any duty or authority to undenaJce responsi-
bility contrary to the provisions of paraaraph 9.IS or 9.16.
Clarifications and interpretations of the Contract Documents
Wall be issued by ENGINEER as provided in parapapb 9.4.
3.3. If, durina the performance of the Work, CONTRAC-
TOR finds a conflict. error or discrepancy in the Contract
Documents, CONTRACTOR shall so repon to ENGINEER
in writina at ooce and before J)I"OCCiedina with the Work dected
thereby shaD obIaiD a written interpretation or clarificatioa
9
~~.."-"""'-"._",,,,,.,..._,~~:........,,~.--~,_..._----,,~.......;.~-
from ENGINEER~ howevcr. CONTRACTOR shall not be
liablc to OWNER or ENGINEER for failurc to report any
conftict. crror or discrepancy in the Contract Documents
unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
A."~lIding Gnd SlIppl,m,lItilll ColtlTGd Docllm,rats:
3.4. The Contract Documents may be amended to pro-
vide for additions. deletions and revisions in the Work or to
modify the terms and conditions thereof in one or more of
the following ways:
3.4.1. a formal Written Amendment,
3.4.2. a Change Order (pursuant to paragraph 10.4),
or
3.4.3. a Work Directive Change (pursuant to para-
graph 10.1).
As indicated in paragraphs 11.2 and 12.1, Contract Price and
Contract Time may only be changed by a Change Order or a
Written Amendment.
3.S. In addition, the requirements of the Contract Docu-
ments may be supplemented, and minor variations and devia-
tions in the Work may be authorized, in one or more of the
following ways:
3.5.1. a Field Order (pursuant to paragraph 9.5),
3.5.2. ENGINEER's approval of a Shop Drawing or
sample (pursuant to paragraphs 6.26 and 6.27), or
3.5.3. ENGINEER's written interpretation or clarifi-
cation (pursuant to paragraph 9.4).
.~IIS~ of DocUIIWIIIs:
3.6. Neither CONTRACTOR nor any Subcontractor or
Supplier or other penon or orpnization performina or fur-
nishina any or the Work under a direct or indirect contract
with OWNER shall have or acquire any titlc to or ownenhip
riahts in any of the Drawinas. Specifications or other docu-
ments (or copies of IDY thereof) prepared by or bearina the
seal of ENGINEER; Iftd they shall not reuse any of them on
extensions or the Project or any other project without written
~nsent of OWNER and ENGINEER and specific written
verification or adaptation by ENGINEER.
ARTICLE 4-A V AlLABILITY Of LANDS; PHYSICAL
CONDITIONS; REfERENCE POINTS
A WJil9Ja1UtJ -J Lab:
4.1. OWNER sball furnish, as indicated in the ContraCt
Documents, the lands upon which the Work is 10 be per-
formed, riahts-of-wa, and easements for access thereto, and
such other lands which are desianated for the use of CON.
TRACTOR. Easements for permanent structures or perma- f
nent chanles in existinl facilities will be obtained and paid
for by OWNER. unlen otherwise provided in the Contract
Documents. If CONTRACTOR believes that any delay in
OWNER's furnishina these lands. riahts-of-way or ease.
ments entitles CONTRACTOR to an extension of the Con-
tract Time. CONTRACTOR may make a claim therefor as
provided in Article 12. CONTRACTOR shall provide for all
additional lands and access thereto that may be required for
temporary construction facilities or storaae of materials and
equipment.
PhysicGl CotuliliDlIS:
4.2.1. Explorations and R~po'ts: Reference is made
to the Supplementary Conditions for identification ofthose
reports of explorations and tests of subsurface conditions
at the site that have been utilized by ENGINEER in prep-
aration of the Contract Documents. CONTRACTOR may
rely upon the accuracy of the technical data contained in
such reports. but not upon nontechnical data. interpreta-
tions or opinions contained therein or for the completeness
thereof for CONTRACTOR's purposes. Except as indi-
cated in the immediately preceding sentence and in para-
graph 4.2.6. CONTRACTOR shall have full responsibility
with respect to subsurface conditions at the site.
4.2.2. Existing Structllr~s: Reference is made to the
Supplementary Conditions for identification of those .
drawings of physical conditions in or relatinl to existing
surface and subsurface structures (except Underground
Facilities referred to in parapph 4.3) which are at or
contiJUous to the site that have been utilized by ENGI-
NEER in preparation of the Contract Documents. CON-
TRACTOR may rely upon the accuracy of the technical
data contained in such drawinp. but not for the complete-
ness thereof for CONTRACTOR's purposes. Except as
indicated in the immediately preceding sentence and in
paragraph 4.2.6. CONTRACTOR shall have full respon-
sibility with respect to physical conditions in or relatina
to such structures.
4.2.3. R~po" of Di/f~ring Conditiolls: If CONTRAC-
TOR believes that:
4.2.3.1. any technical data on which CONTRAC-
TOR is entitled 10 rely IS provided in paraaraphs 4.2.1
and 4.2.2 is inaccuratc, or
4.2.3.2. any physical condition uncovered or
revealed at the sitc diffen materially from that indi-
cated, reftected or refened to in the ContraCt Docu-
ments,
CO~ 1 ML loR shaD, promptly after becomina aware
thereof and before performina any Work in connection
therewith (except ill an emeraency as permitted by para- ·
papb 6.22), DOtify OWNER and ENGINEER in writina
about the ~uncy or differeDCC.
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4.2... ENGINEER's Rtvit..,; ENGINEER will
promptly R~ ahe pertinent conditions. determine t~
neccssily f1I oIIlaiU,. additional ellplorations or tests with
respect lhacto.t advise OWN ER in writina (with a COP)'
to CONTIACTOR) of ENGINEER's findin.s and con.
clusions.
4.2.S. 'oni,. Documtnl ChanRt: If ENGINEER
concludes that dJcre is a material error in the Contract
Documents or daat because of newly discovered condi-
tions a chanef ia the Contract Documents is required. a
Work Directive Change or a Change Order will be issued
as provided in Anicle JO 10 renect and document the
conscquclltes 0( .he inaccuracy or difference.
4.2.6. 'ossi,. I'riu and Timt AdjuslmtnlS: In each
such case. aa increase or decrease in the Contract Price
or an exteasion or shortening of the Contract Time. or any
combination thereof. will be allowable to the extent that
they are anributable to any such inaccuracy or difference.
If OWNER aad CONTRACTOR are unable to agree as to
the amoun. or Ic.th thereof. a claim may be made therefor
as provided ill Articles II and 12.
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Physklll C.IIIIliMu-l!IUl~rground F tKilWs:
4.3.1. SIto..... or Indicaltd: The information and data
shown or indicaIcd in the Contract Documents with respect
to existina UDdcrground Facilities at or contiguous to the
site is based on ilf'ormation and data furnished to OWN ER
or ENGINEER by the owners of such Underground Facil.
ities or by OIhcn. Unless it is otherwise expressly pr0-
vided in the Supplementary Conditions:
..3.1.1. OWNER and ENGINEER shall not be
~sponsilJlc far the accuracy or completeness of any
suda inlonnalioa or data; and.
4.3.1.2. CONTRACTOR shall have full responsi-
bility for RvirwiDa and checking all such information
and cIata. for locating an U nderaround Facilities shown
or illdicatalia die Contract Documents. for coordina-
tioa afdac Wart with the ownen of such U nde..... und
Facilities.... construction, for the safety and pro-
teclioll die_ as provided in parap-aph 6.20 and
~""'.''''e thereto ~suJtina (i..m the Work.
the COlI" II ~ which will be considered as havina
beca .WeI i8 the Contract Price.
.
4.3.2. Nl/II..... or Ind;co.'~d. If an Unde.....und
Facility is UIItOIICred or revealed at or contiJUous to the
site wbida was .. shown or indicated in the ConllKt
Doc;u..-s 1M which CONTRACTOR could not reason-
ably have been...... ....led to be aware of. CONTRACTOR
shall, ......, ~ becomina aware th...,...... t and before
perfOl1llUwaayW. affected thereby (except in an emer-
aency - pel"'" by paraaraph 6.22), identify the OWDer
~ such "'-L.. 'Facility and Jive written notice thereof'
to that .... ... to OWNER and ENGINEER. ENGI-
NEER ........., review the Underaround Facility to
determine the extent to which the Contract Documents
should be modified to reflect and document the conse.
quences of the existence of the Underaround Facility, and
the Contract Documents will be amended or supplemented
to the extent necessary. Durin, wch time, CONTRAC-
TOR shall be responsible for the safety and protection of'
such Underground Facility as provided in paraaraph 6.20.
CONTRACTOR shall be allowed an increase in the Con.
tract Price or an extension of the Contract Time. or both.
to the extent that they are attributable to the e"istence of
any Underaround Facility that was not shown or indicated
in the Contract Documents and which CONTRACTOR
could not reasonably have been expected to be aware of.
If the parties arc unable to aaree as to the amount or lenllh
thereof. CONTRACTOR may make a claim therefor as
provided in Anicles II and 12.
R~/er".c~ Poiltls:
4.4. OWNER shall provide engineering surveys to estab-
lish reference points for construction which in ENGINEER's
judgment arc necessary to enable CONTRACTOR to proceed
with the Work. CONTRACTOR shall be responsible for lay.
ing out the Work (unless otherwise specified in the General
Requirements). shall protect and preserve the established
reference points and shall make no changes or relocations
without the prior written approval 0( OWNER. CONTRAC.
TOR shall report to ENGINEER ~'henever any reference
point is lost or destroyed or requires relocation because of
necessary changes in grades or locations. and shaJl be respon-
sible for the accurate replacement or relocation of such ref-
erence points by professionally qualified personnel.
ARTICLE S-BONDS AND INSURANCE
P~"omuJnu tUUl Oth~r Bo_:
5.1. CONTRACTOR shall furnish performance and pay_
ment Bonds, each in an amount at least equal to the Contract
Price as security for the faithful performance and payment of
all CONTRACTOR's obliptions UDder the Contract Docu-
ments. These Bonds shall remain ill effect at least until one
year after the date when final payment becomes due, except
as otherwise provided by Law or Replalion or by the Con-
tract Documents. CONTRAL I vi shall also furnish such
other Bonds as are ~quired by the Supplementary Condi-
tions. All Bonds shall be in the forms prescn'bed by Law or
Reaulation or by the Contract Documents and be executed
by such su~ties as are named in dae current list of "Com-
panics Holdina Certificates of Authority as Acceptable Sure-
tics on Federal Bonds and as Acceptable Reinsurina Com-
panies" as published in Circular no (amended) by the Audit
Staff Bureau of Accounts. U.S. Treasury Department. All
Bonds sianed by an lIent must be ICCOmpanied by a certilied
copy or the authority to let.
'.2. II the surety on any 800cI finished by CONTRAC-
TOR is declared a banknapl or becomes insolvent or its riaht
to do business is terminated in I8Y state where any pen of
II
the Project is located or it ceases to meet the requirements
of parapaph S.I, CONTRACTOR shall within five days
thereafter substitute another Bond and Surety, both of which
must be acceptable to OWN ER.
C tIIII1'<<toI" s Udbility IllS uNlle. :
5.3. CONTRACTOR shall purchase and maintain such
comprehensive general liability and other insurance as is
appropriate for the Work beina performed and furnished and
as will provide protection from claims set forth below which
may arise out of or result from CONTRACTOR's perfor-
mance and furnishing of the Work and CONTRACTOR's
other obliptions under the Contract Documents. whether it
is to be performed or furnished by CONTRACTOR. by any
Subcontractor. by anyone directly or indirectly employed by
any of them to perform or furnish any of the Work. or by
anyone for whose acts any of them may be liable:
S.3.1. Claims under workers' or workmen' s compen-
sation. disability benefits and other similar employee ben-
efit acts:
S.3.2. Claims for damages because of bodily injury,
occupational sickness or disease, or death of CONTRAC-
TOR's employees:
S.3.3. Claims for damages because of bodily injury.
sickness or disease, or death of any person other than
CONTRACTOR's employees:
5.3,4. Claims for damages insured by personal injury
liability coverage which arc sustained (al by any person
as a result of an offense directly or indirectly related to
the employment of such person by CONTRACTOR. or
(b) by any other person for any other reason:
5.3.5. Claims for damages, other than to the Work
itself. because of injury to or destruction of tangible prop-
erty wherever located, including loss of use resulting
therefrom:
'_3.6. Claims arisina out of operation of Laws or Reg-
ulations for damaaes because 0{ bodily il\iury or death of
any person or for damale to property: and
'.3.7. Claims for damaaes because of bodily il\iury or
death of any person or property damage arisinl out of the
ownership. maintenance or use of any motor vehicle.
1bc insurance required by this paraarapb S.3 shall include
the specific coveraJCS and be written for not less tban tbe
limits of liability and coverqes provided in tbe Supplemen-
tarY Conditions. or required by law. whichever is arcater.
The comprehensive aeneralliability insurance sball include
completed opcratioDs insurance. AD of the policics of insur-
ance so required to be purchased and maintained (or the
ccrtifkates or other evidence thereof) sball contain a provi-
sion or endorsement that the coveraae afforded will not be
canceDcd. materially chanacd or renewal refused until at least
thirty days' prior written notice has been siven to OWNER
and ENGINEER by certified mail. All such insurance sball
remain in effect until final payment and at all times thereafter
when CONTRACTOR may be correctina, removina or
replacina d"/"ct;v,, Work in accordance with paralraph 13.' 2.
In addition. CONTRACTOR shall maintain such completed
operations insurance for at least two )'ea~ after final payment
and furnish OWN ER with evidence of continuation of such
insurance at final payment and one year thereafter.
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C otllrGCflUJl Liability IIUUl'Gllt,:
5.4. The comprehensive leneralliability insurance required
by paragraph S.3 will include contractual liability insurance
applicable to CONTRACTOR's obligations under parapphs
6.30 and 6.31.
OWII,rs LiGbuu,lnsurGM':
S.S. OWNER shall be responsible for purchasina and
maintaining OWNER's own liability insurance and. at
OWNER's option. may purchase and maintain sucb insur.
ance as will protect OWN ER against claims which may arise
from operations under the Contract Documents.
Pro~rty InslUGllt,:
S.6. Unless otherwise provided in the Supplemental').
Conditions, OWNER shall purchase and maintain property
insurance upon the Work at the site to the full insurable value
thereof (subject to such deductible amounts as may be pro-
vided in the Supplementary Conditions or required by Laws
and Regulations). This insurance shall include the interests
of OWNER, CONTRACTOR. Subcontractors, ENGIN EER
and ENGINEER's consultants in the Work, all of whom shall
be listed as insureds or additional insured parties, shall insure
against the perils of fire and extended coveraae and shall
include "all risk" insurance for physical loss and dam.
including theft, vandalism and malicious mischief. collapse
and water damaae, and such other perils as may be provided
in the Supplementary Conditions, and shall include damqeS.
losses and expenses arisina out of or resultina from IDY insured
loss or incurred in the repair or replacement of ..y insured
property (iocludinl but not limited to fees and charles fA
enaincen. architects, attomeys and other professiooals). U
not covered under the"aU risk" insurance or otherwise pr0-
vided in the SupplemenWY Conditions. CONTRA\.. I vR sbII
purchase and maintain similar property insurance on portioDs
or the Work stored Oft and off the site or in transit when such
portions of the Work arc to be included in an Application far
Payment.
(
5.7. OWNER shall purchase and maintain such boiler aod
machinery insurance or additional propcrty insunac:e as may
be required by the SupplementarY Conditions or Laws aDd
Relulations which will include the interests. OWNEIL
CONTRACTOR. Subcontractors. ENGINEER AND
ENGINEER's consultants in the Wort. all of wIIoIn shall be
listed as insured or additional insured parties.
(
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,... All the policies. insurance (or the certificates or
other evidence thereof) RqIircd to be purchased and main-
tained by OWN ER i. aonlante with para.raphs '.6 and
'.7 will contain a proYis8a .. endorsement that the coveraae
all'orded will not be CMe" or materially chan.ed or reflewaJ
Rfused until at least thiny days' prior written notice h.~been
liven to CONTRAL.vI by certified mail and will contain
waiver provisions in accordance with paragraph S.II.2.
'.9. OWNER shaD naI be responsible for purchasing and
maintaining any property itlsurance to protect the interests
of CONTRACTOR. SubcoaIrac:tors or others in the Work to
the extent of any deducttie amounts that are provided in the
Supplementary Conditions. The risk of loss within the
deductible amount. will. borne by CONTRACTOR. Sub-
contractor or others sufrm,. any such loss and if any of them
wishes property insurana coverage within the limits of such
amounts. each may purdtase and maintain it at the purchas-
er's own expense.
'.10. If CONTRACTOR requests in writing that other
special insurance be iltdudcd in the property insurance pol_
icy. OWNER shaH. ifpossille. include such insurance. and
the cost thereofwill bec..d to CONTRACTOR by appro-
priate Change Order or Written Amendment. Prior to com-
mencement of the Workatlhe site. OWNER shall in writing
advise CONTRACTOR ..hcther or not such other insurance
has been procured by OWNER.
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W.,eT 01 Ritllls:
S.II.I. OWNER and CONTRACTOR waive 811 rights
against each other r. . losses and damaaes caused by
any of the perils cowered by the policies of insurance
provided in respoesc to paragraphs S.6 and S.7 and any
other property inSIII'IKe applicable to the Work. and also
waive all such rigllts apinst the Subcontractors. ENGI-
NEER. ENGINEE.'s consultants and 811 other panies
named as insureds ia such policies for losses and damages
so caused. As requiRd by paragraph 6. I I. each subcon-
tract between COHlRACTOR and a Subcontractor will
contain similar WaMr provisions by the Subcontractor in
favor of OWNER. CONTRACTOR. ENGINEER. ENGI-
NEER's consulw.s _all oIher parties named as insureds.
None of the above waivcn shaJJ extend to the rights that
any of the insured pII1ies may have to the ,.".. ...eeds of
insurance held by OWNER as trustee or otherwise ~y_
able under any policy so issued.
5.11.2. OWNER_CONTRACTOR intend that any
policies provided ill RSpOnse to paraaraphs '.6 and '.7
shall protect all oflbc,.nes insured and provide primary
coverage for alllossa Md damaaes caused by the perils
covered thereby. Aa:onIi"'y, aD such policies shall con-
tain provisions to .. 6ct that ia the event of payment
of any loss or d... die insurer will have DO riahts of
recovery against., fill.. parties named as insureds or
additional insureds. .. l the insuren require separate
waiver forms to k sipcd by ENGINEER or ENGI-
NEER's consulra.OWNER will obtain the same, and if
such waiver forms are required or any Subcontractor,
CONTRACTOR will obtain the same.
Reuipt tlNI Appliclllioll of Pr<<eee:
S.12. Any insured loss under the policies 0( insurance
required by paraaraphs S.6 and 5.7 will be adjusted with
OWNER and made payable to OWNER as trustee for the
insureds. as their interests may appear. subject to the require-
ments of an)' applicable mortgaae clause and of paraaraph
5.13. OWNER shall deposit in a separate account any money
so received. and shall distribute it in accordance with such
agreement as the parties in interest may reach. I( no other
special agreement is reached the damaaed Work shall be
repaired or replaced. the moneys so received applied on
account thereof and the Work and the cost thereof covered
by an appropriate Change Order or Written Amendment.
S.I3. OWNER as trustee shall have power to adjust and
settle any loss with the insurers unless one of the parties in
interest shall object in writina within fifteen days after the
occurrence of loss to OWNER's exercise of this power. If
such objection be made. OWNER as trustee shaJl make set-
tlement with the insurers in accordance with such acreement
as the panies in interest may reach. If required in writing by
any party in interest. OWNER as trustee shall. upon the
occurrence of an insured loss. Jive bond for the proper per-
formance of such duties.
AcupI4l1U ollllslUGllce:
5.14. If OWNER has any objection to the coveraae afforded
by or other provisions of the insurance req~ired to be pur-
chased and maintained by CONTRACTOR in accordance
with paragraphs S.3 and '.4 on the basis of its not complying
with the Contract Documents. OWNER shall notify CON-
TRACTOR in writing thereof within ten days 0( the date of
delivery of such certificates to OWNER in accordance with
paragraph 2.7. If CONTRACTOR has any objection to the
coverage afforded by or other provisions of the policies of
insurance required to be purchased and maintained by OWNER
in accordance with paraaraphs S.6 and S.7 on the basis of
their not complyina with the Contract Documents. CON-
TRACTOR shaD notify OWNER in writin. thereof within ten
days of the date of delivery of such certificates to CON-
TRACTOR in accordance with paraaraph 2.7. OWNER and
CONTRACTOR shall each provide to the other such addi-
tional information in respect 01 insurance provided by each
as the other may Rasonably Rquest. Failure by OWNER or
CONTRACTOR to Jive any such notice of objection within
the time provided shall constitute acceptance 01 such insur-
ance purchased by the other as complyina with the Contract
Documents.
PtutitII UtilhJldD---r~", /1II111'Mft:
5. U. If OWNER finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial Comple-
tion of all the Work. such use or occupancy may be accom-
plished in accordance with parIpIpb 14.10; provided that DO
13
such use or occupancy shall commence before the insurers
providinl the property insurance have acknowledged notice
thereof and in writina effected the chanles in coverage neces.
sitated thereby. The insurers providina the property insur.
ance shall consent by endorsement on the policy or policies.
but the property insurance shall not be cancelled or lapse on
account of any such partial use or occupancy.
ARTICLE 6-CONTRACTOR'S RESPONSIBILITIES
SUIH",isioll alld Su"rillltradtllCt:
6.1. CONTRACTOR shall supervise and direct the Work
competently and efficiently. devotina such attention thereto
and applying such skills and expertise as may be necessary
to perform the Work in accordance with the Contract Doc-
uments. CONTRACTOR shall be solely responsible for the
means. methods. techniques. sequences and procedures of
construction. but CONTRACTOR shall not be responsible
for the negligence of others in the design or selection of a
specific means. method. technique. sequence or procedure
of construction which is indicated in and required by the
Contract Documents. CONTRACTOR shall be responsible
to see that the finished Work complies accurately with the
Contract Documents.
6.2. CONTRACTOR shall keep on the Work at all times
during its progress a competent resident superintendent. who
shall not be replaced without written notice to OWN ER and
ENGINEER except under extraordinary circumstances. The
superintendent win be CONTRACTOR's representative at
the site and shall have authority to act on behalf of CON-
TRACTOR. All communications Jiven to the superintendent
shall be as binding as if given to CONTRACTOR.
l..GbM, .WtJltri4Jls aNI Equip.tll':
6.3. CONTRACTOR shall provide competent. suitably
qualified personnel to survey and layout the Work and per-
form construction as required by the Contract Documents.
CONTRACTOR shall at all times maintain lood discipline
and order at the site. Except in connection with the safety or
protection of persons or the Work or property at the site or
adjacent thereto. and except as otherwise indicated in the
Contract Documents, all Work at the site shall be performed
durina replar worting hours, and CONTRACTOR will not
permit overtime work or the performance of Work on Sat-
urday, Sunday or any lepl holiday without OWNER's writ-
ten consent Jiven after prior written notice to ENGINEER.
6.4. Unless otherwise specified in the General Require-
ments, CONTRACTOR shall furnish and assume full respon-
sibility for all materials, equipment, labor, transportation,
construction equipment and machinery, tools, appliances,
fuel, power, liaht, beat, telephone, water, sanitarY facilities,
temporary facilities and all otber facilities and incidentals
necessary for the fumishi.... performance, testina. start-up
and completion of the Work.
6.S. All material\ and equipment shall be of load quality
and new. except a\ otherv.'isc provided in the Contract Doc.
uments. If required by ENGINEER. CONTRACTOR shall
furnish satisfactory evidence (includinl reports of required
tests) as to the kind and quality of materials and equipment.
All materials and equipment shall be applied. installed. con-
nected. erected. us.cd. cleaned and conditioned in accordance
with the instructions of the applicable Supplier except as
otherwise provided in the Contract Documents; but no pro-
vision of any such instructions will be effective to assign to
ENGINEER. or any of ENGINEER's consultants. agents or
employees. any duty or authority to supervise or direct the
furnishina or performance of the Work or any duty or author-
ity to undertake responsibility contrary to the provisions of
paragraph 9.IS or 9.16.
(
Adjus,ing Prog"ss Sclatduk:
6.6. CONTRACTOR shall submit to ENGINEER for
acceptance (to the extent indicated in paragraph 2.9) adjust.
ments in the progress schedule to reftect the impact thereon
of new dev~lopments; these will conform aenerally to the
progress s~hedule then in effect and additionally will comply
with any provisions of the General Requirements applicable
thereto.
Substillllts or · 'Or.EqlUll" 'It,,":
6.7.1. Whenever materials or equipment are specified
or described in the Contract Documents by usina the name
of a proprietary item or the name of a particular Supplier
the naming of the item is inttnded to establish the type.
function and quality required. Unless the name is followed
by words indicatinl that no substitution is permitted.
materials or equipment of other Suppliers 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 or equal
to that named. The procedure for review by ENGINEER
will include the following as supplemented in the General
Requirements. Requests for review or substitute items of
material and equipment will not be accepted by ENGI.
NEER from anyone other than CONTRACTOR. If CON-
TRACTOR wishes to furnish or use a substitute item of
material or equipment. CONTRALlvR shall make writ-
ten application to ENGINEER for acceptanCC thereof.
certifyinl that the proposed substitute will perform ade-
quately the functions and achievc the results called for by
the general dcsip, be similar and or equal substance to
that specified and be suited to the same use as that spec-
ified. The application wiD state that the evaluation and
acceptanCe of the proposed substitute will not prejudice
CONTRAL I uR's achievelDCftt of Substantial Comple-
tion on time, whether or not acceptance of the substitute
for use in the Work will require a chanae in any or the
Contract Documents (or ill the provisions ~ any other
direct contraCt with OWNER for wort on the Project) to
adapt the desip to the proposed substitute and whether
or not incorporation or use ~ the substitute in connection
with the Wort is subject to payment of any license fee or
4
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,
royalty. All variations of the propowd substitute from thaI
specified will bt identified in Ihe application and available
maintenance. repair and replacemenl service will be indi-
caled. The applicalion will also contain an itemized esti.
male of all Costs Ihat will resull directly or indirectly from
acceplance of such sub~lilule. includin, costs or redesi,n
and claims of olher conlraetors a"eeled by the resultinl
change. all of which shall be considered by ENGINEER
in evalualinllhe proposed subslitute. ENGINEER may
require CONTRACTOR 10 furnish al CONTRACTOR's
expense addilional dara aboul Ihe proposed substilute.
6.7.2. If a specific means. method. technique. sequence
or procedure of eonslruetion is indicated in or required by
the Conlracl Documenls. CONTRACTOR may furnish or
utilize a subslitute means. melhod. sequence, lechnique
or procedure of eonslruetion acceptable to ENGINEER.
if CONTRACTOR submils sufficient information to allow
ENGINEER 10 determine that the substilute proposed is
equivalent 10 Ihat indicaled or required by the Conlract
Documents. The procedure for review by ENGINEER
will be similar 10 that Drovided in paragraph 6.7. 1 as applied
by ENGINEER and as may be supplemenled in the Gen-
eral Requirements.
6.7.3. ENGINEER will be allowed a reasonable time
within whieh to evaluale each proposed substitute. ENGI-
NEER will be the sole jUdge of acceptability. and no
substitute will be ordered. installed or utilized without
ENGINEER's prior written acceptance which will be evi.
denced by eilher a Change Order or an approved Shop
Drawin,. OWN ER may require CONTRACTOR to fur.
nish at CONTRACTOR's expense a special performance
auaranlee or other surety with respect to any substitute.
ENGINEER will record time required by ENGINEER
and ENGINEER's consultants in evaluating substitutions
proposed by CONTRACTOR .tnd in making changes in
the Contract Documents occasioned thereby. Whether or
not ENGINEER accepts a Proposed substitute, CON-
TRACTOR shall reimburse OWNER for the charges of
ENGINEER and ENGINEER's consultants for evaluat-
ing each proposed substitute.
COIIC~"';'" S.DIIIrGdors, SlIpplkrs IUId OIMn:
6.8.1. CONTRACTOR shall not employ any Subcon-
tractor, Supplier or other person or..l, ..,nization (incJudina
those acceptable to OWNER and ENGINEER as indi-
cated in Paraaraph 6.8.2). whether initially or as a substi-
tute, against whom OWNER or ENGINEER may have
reasonable objection. CONTRAL I uR shaD not be requin:d
to employ any Subcontractor, Supplier or other person or
oraanization to furnish or perform any orthe Work aaainst
whom CONTRACTOR has reasonable objection.
6.8.2. If the Supplementary Conditions require the
identity of cenain Subcontractors. Suppliers or other per_
sons or orpnizations (includina those who are to furnish
the principal items of materials and equipment) to be sub-
mitted to OWNER in advance or the specified date prior
to the Effective Date 0( the Aareement for acceptance by
OWNER and ENGINEER and if CONTRACTOR has
submilted a list thereof in accordance with tbe Supple-
mentary Conditions, OWNER'sor ENGINEER's accept-
ance (either in wrilin, or by failinl to make wriuen objec-
tion thereto by the date indicated for acceptance or objec-
tion in the biddinl documents or the Contract Documents)
of any such Subcontractor, Supplier or other person or
organization so identified may be revoked on the basis of
reasonable objection after due investiaation, in which case
CONTRACTOR shall submit u acceptable substitute, the
Contracl Price will be increased by the difference in the
cost occasioned by such substitution and an appropriate
Change Order will be issued or Written Amendment signed.
No acceptance by OWNER or ENGINEER of any such
Subcontractor. Supplier or other person or or,anization
shall constitute a waiver of any "ghl of OWNER or ENGI-
NEER to reject dtftclil,t Work.
6.9. CONTRACTOR shall be fully responsible to OWNER
and ENGINEER for all acts and omissions of the Subcon-
tractors, Suppliers and other persons and organizations per-
forming or furniShing any of the Work under a direct or
indirect contract with CONTRACTOR just as CONTRAC-
TOR is responsible for CONTRACTOR's Own acts and omis-
sions. Nothing in the Contract Documents shall create any
contractual relationship bel ween OWNER or ENGINEER
and any such Subcontractor, Supplier or other person or
organization, nor shall it create any obligation on the pan of
OWNER or ENGINEER to payor to see to the payment of
any moneys due any such Subconlractor. Supplier or other
person or organization except as may otherwise be required
by Laws and Regulations.
6.10. The divisions and sections of the Specifications and
the identifications of any Drawinas shall not control CON-
TRACTOR in dividin, the Work among Subcontractors or
Suppliers or delineating the Wort to be performed by any
specific trade.
6. J I. All Work performed (or CONTRACTOR by a Sub-
contractor wiJJ be pursuant to an appropriate agreement
between CONTRACTOR and the Subcontractor which spe-
cifically 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 patap'apb '.11. CONTRACTOR shaJJ pay
each Subcontractor a just share of any insurance moneys
received by CONTRACTOR on account of losses under pol_
icies issued pursuant to parapaphs .s.6 and .s.7.
P,*III F~" IINI RO]tIltia:
6.12. CONTRACTOR sball pay aJllicense fees and roy-
alties and assume all costs incident to the use in the perfor-
mance of the Work or the incorporation in the Wort of any
invention. desip, process. Product or device which is the
subject or patent riahts or cop)'riahts held by others. If a
particular invention, desian, process, product or device is
specified in the Contract Documents for use in the perfor-
mance oftbe Wort and if'to the actual knowleclae orOWNER
.5
or ENGINEER its use is subject to patent rilhts or copyriahts
calliftlfor the payment of any license fee or royalty to othen.
the existence of such rilhts shall be disclosed by OWNER in
the Contract Documents. CONTRACTOR shall indemnify
and bold harmless OWNER and ENGINEER and anyone
direedy or indirectly employed by either of them from and
apiast all claims. damales. losses and expenses (including
altoneys' fees and court and arbitration costs) arising out of
any _ringement of patent "&hts or copyrights incident to
the use in the performance of the Work or resulting from the
incOl'JlOfBtion in the Work of any invention. design. process.
product or device not specified in the Contract Documents.
and sIaaIl defend all such claims in connection with any alleged
infrielement of such rights.
r,,,,,;a;
6.11. Unless otherwise provided in the Supplementary
Conditions. CONTRACTOR shall obtain and pay for all con-
struction permits and licenses. OWNER shall assist CON-
TRACTOR, when necessal)'. in obtaining such permits and
licellKs. CONTRACTOR shall pay allgovcrnmental charges
and illspection fees necessary for the prosecution of the Wort.
whida arc applicable at the time of opening of Bids. or if there
are _ Bids on the Effective Date of the Agreement. CON-
TRACTOR shall pay all charges of utility owners for con-
ncc1iofts to the Work. and OWNER shall pay all charges of
suela utility owners for capital costs related thereto such as
pIaIIl investment fees.
lAws .- R"uJ4tiDIU:
6.14.1. CONTRACTOR shall give all notices and
CGlftply with all Laws and Regulations applicable to fur-
llishing and performance of the Work. Except where oth-
erwise expressly required by applicable Laws and Rep-
IaIions. neither OWNER nor ENGINEER shall be rcspon-
1ibIc for monitoring CONTRACTOR's compliance with
-V Laws or Regulations.
'.14.2. If CONTRACTOR observes that the Specifi-
arions or nrawinp are at variance with any Laws or
llqulations. CONTRACTOR shall give ENGINEER
prompt written notice thereof. and any necessary chaRles
will be authorized by one of the methods indicated in
paraaraph 3.4. If CONTllACTOR performs any Wort
boWing or havina reason to know that it is contrarY to
weh Laws or Rqulations. and without such notice to
ENGINEER. CONTRACTOR shall bear all costs arising
6erefrom~ however. it shall not be CONTRACTOR's pri-
IIUY responsibility to make certain that the Specifications
.- Drawings are ill accordance with such Laws and
_ulations.
r...:
6.15. CONTRAl.lvR shall pay all sales. consumer. use
... other similar taXes required to be paid by CONTRAC-
1Ul in accordancC with the Laws and RegulationS of the
pllce or the Project which are applicable durinl the perfor-
mance of the Work.
f
Vse oj Pre",ilII:
6.16. CONTRACTOR shan confine construction equip-
ment. the storage of materials and equipment and the oper-
ations of workers to the Project site and land and are IS iden-
tified in and permitted by the Contract Documents and other
land and areas permitted by Laws and Regulations. riabts-
of-way. permits and casements. and shall not unreasonably
encumber the premises with construction equipment or other
materials or equipment. CONTRACTOR shall assume fun
responsibility for any damaae to any such land or area. or to
the owner or occupant thereof or of any land or areas contig-
uous thereto. resulting from the performance of the Work.
Should any claim be made against OWNER or ENGINEER
by any such owner or occupant because of the performance
ofthe Work. CONTRACTOR shall promptly attempt to settle
with such other party by agreement or otherwise resolve the
claim by arbitration or at law. CONTRACTOR shall. to the
fullest extent permitted by Laws and Regulations. indemnify
and hold OWNER and ENGINEER harmless from and against
all claims, damages. losses and expenses (including. but not
limited to, fees of engineers. architects. attorneys and other
professionals and court and arbitration costs) arising directly.
indirectly or consequentially out of any action. 'epl or equi-
table. brought by any such other party against OWNER or
ENGINEER to the extent based on a claim arising out of
CONTRACTOR's performance of the Work.
6.17. During the proaress of the Work. CONTRACTOR
shall keep the premises free from accumulations of waste
materials. rubbish and other debris resulting from the Work.
At the completion ofthe Work CONTRACTOR shall remove
all waste materials. rubbish and debris from and about the
premises as wen as all tools. appliances. construction equip-
ment and machinery. and surplus materials. and shall 'eave
the site clean and ready for occupancy by OWNER. CON-
TRACTOR shall restore to original condition all property not
desianated for alteration by the Contract Documents.
6.18. CONTRACTOR shall not load nor permit any part
or any structure to be loaded in any manner that win endanger
the structure. nor shall CONTRAL loR subject any part of
the Wark or adjacent property to stresses or pressures that
win endanler it.
R,cord 0<<""""":
6.19. CONTRACTOR shall maintain in I safe place at
the site one record copy of all Drawinp. Specifications.
Addenda. Written Amendments. CbanF Orden. Work
Directive Chanles, Field Orden and written interpretations
and clarifications (issued pursuant to paraaraph 9.4) in good
order and annotated to show an changes made during con-
struction. These record documents together with all approved
samples and a counterpart of aD approved Shop Drawinas
will be available to ENGINEER for reference. Upon com-
(
16
"
..... ~ Ihc Work. these record documents. samples and
.. Dratrinas wiU be delivered to ENGINEER for OWNER.
SttI<<J.. P,OIutio,,:
6.20. CONTRACTOR shall be responsible for initiatin..
lllaintainiee and supervising all safety precautions and pro-
P'aGIS in connection with the Work. CONTRACTOR shall
tate II acessat)' precautions for the safety of. and shall
provide dIr necessary protection to prevent damage. injury
or loss 10:
6.20.1. all employees on the Work and other persons
and orpnizations who may be affected thereby;
6.20..2. an the Work and materials and equipment to
be i8corporated therein. whether in storage on or off the
site; ad
6.20.3. other property at the site or adjacent thereto.
includilag trees. shrubs. lawns. walks. pavements. road.
ways, structures. utilities and Underground Facilities not
c1esipared for removal. relocation or replacement in the
course of construction.
t
CONTRACTOR shall comply with all applicable Laws and
Rqul.w.s of any public body having jurisdiction for the
safetyol'persons or property arto protect them from damage.
iqjwy or loss; and shaJl ereet and maintain all necessary
saf'quarcls for such safety and protection. CONTRACTOR
shaD notify owners of adjacent propeny and of Underground
Facilities and utility owners when prosecution of the Work
..y affect them. and shall cooperate with them in the pro-
tection. ranoval. relocation and replacement of their pr~
cny. All damaae. injury or loss to any propeny referred to
ia parapJIph 6.20.2 or 6.20.3 caused. directly or indirectly.
ia whole ar in pan. by CONTRACTOR. any Subcontractor.
Supplier or any other person or organization directly or indi.
reedYempfoyed by any of them to perform or furnish any of
the WorkGl' anyone for whose acts any of them may be liable.
sbaII be ranedied by CONTRACTOR (except damaae or loss
II1ribuIablc to the fault 0( Drawings or Specifications or to
dae acts or omissions of OWNER or ENGINEER or anyone
anpIoyed by either of them or anyone for whose acts either
~1hcDI_y be liable. and not attributable. directly or indi-
Iftdy. ill whole or in pan,to the fault or neaJigenc:e of CON-
TaA\..IUIt). CONTRACTOR's duties and responsibilities
lor the safety and protection clthc Work shall continue until
SIIda .. as all the Wort is completed and ENGINEER has
iu.cr a -ice to OWNER and CONTRACTOR in acCOf'Cl..
IIICC widtpuagraph 14.13 that the Work is acceptable (except
as odJerwise expressly provided in connection with Substan-
tial Completion).
t
6.21. CONTRACTOR shall desianate a responsible re~
~ at the site whose duty shall be the prevention of
aociitt-.. 1'bis penon shaD be CONTRACTOR's superiD-
Ie8daI ..ress otherwise clesipated in writina by CON-
TltAcroa to OWNER.
EItI''I,IIdn:
6.22. In emer.enc:ies alY'ectin. the safety or protection 01
penons or the Wort or propeny at the site or adjacent thereto.
CONTRACTOR, without special instruction or authorization
from ENGINEER or OWNER. is obliaated to act to prevent
threateMd dama.e, injury or loss. CONTRACTOR shaJl.ive
ENGINEER prompt written notice if CON TRACTOR believes
that any si,nificant chan.es in the Work or variations from
the Contract Documents have been caused thereby. If ENGI-
N EER determines that a chanae in the Contract Documents
is required because of the action taken in response to an
emeTlency. a Work Directive Change or Chan,e Order will
be issued to document the consequences of the chan,es or
variations.
Shop Drawillls 11M Sillllpk,:
6.23. After checking and verifying all field measurements
and after complyin, with applicable procedures specified in
the General Requirements. CONTRACTOR shall submit to
ENGINEER for review and approval in accordance with the
accepted schedule of Shop Drawing submissions (see para_
graph 2.9). or for other appropriate action if so indicated in
the Supplementary Conditions, five copies (unless Olherwise
specified in the General Requirements) of all Shop Drawings.
which will bear a stamp or specific written indication that
CONTRACTOR has satisfied CONTRACTOR's responsi-
bilities under the Contract Documents with respect to the
review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop
Drawings will be complete with respect to quantities. dimen-
sions. specified performance and design criteria. materials
and similar data to enable ENGINEER to review the infor-
mation as required.
6.24. CONTRACTOR shall aJso submit to ENGINEER
for review and approval with such promptness as to cause
no delay in Work. aU samples required by the Contract Doc-
uments. All samples will have been checked by and accom-
panied by a specific written indication that CONTRACTOR
has satisfied CONTRACTOR's responsibilities under the
Contract Documents with respect to the review or the sub-
mission and wiJI be identified clearly as to material. Supplier,
peninent data such as catalog numbers and the use for which
intended,
6.25.1. Before submission of each Shop Drawina or
sample CONTRACTOR shaD have determined and veri-
fied all quantities. dimensions. specified perf~e cri-
teria. instaDation requirements. materials. cataloa num-
bers and similar data with respect thereto and Rviewed
or coordinated each Shop Drawina or sample with other
Shop Drawings and samples and with the requirements 01
the Work and the Contract Documents.
6.25.2. At the time of each submission. CONTRAC-
TOR shaJl live ENGINEER specific written noIiceoreach
variation that the Shop Drawinp or samples .Y have
from the requirements or the Contract Documeats. and,
in addition. shaD cause. specific notation to be made on
17
,"",""~"--d'._'~~_;",_-,~~"___....__",___~"._
ac:h Shop Drawins submitted to ENGINEER for review
MId approval of each such variation.
6.16. ENGINEER will review and approve with reason-
.we pr-.ptness Shop Drawinas and samples. but ENGI-
NEER's review and approval will be only for conformance
willa the design concept of the Project and for compliance
with the information given in the Contract Documents and
sIIaD not extend to means. methods. techniques. sequences
CJI' procedures of construction (e xcept where a specific means.
1IICIhod. technique. sequence or procedure of construction is
iBdicated in or required by the Contract Documents) or to
safely precautions or programs incident thereto. The review
aDd approval of a separate item as such will not indicate
approvll of the assembly in which the item functions. CON-
TRAL loR shall make corrections required by ENGINEER.
aed sh. return the required number of corrected copies of
Shop Dnwings and submit as required new samples for review
aIMS approval. CONTRACTOR shall direct specific attention
in writ.. to revisions other than the corrections caned for
by ENGINEER on previous submittals.
6_27. ENGINEER's review and approval of Shop Draw-
iIIp or samples shall not relieve CONTRACTOR from
Rsponsibility for any variation from the requirements of the
Coetract Documents unless CONTRACTOR has in writing
caDecI ENGINEER's attention to each such variation at the
lime ~ submission as required by paragraph 6.25.2 and
ENGINEER has given written approval of each such varia-
... by a specific written notation thereof incorporated in or
IICCOIIlplllying the Shop Drawina or sample approval; nor
will any approval by ENGINEER relieve CONTRACTOR
froaI r....... ..,nsibility for errors or omissions in the Shop Draw-
iIIp or from responsibility for havina complied with the pro-
visions of paragraph 6.2S .1.
6-28. Where a Shop Drawina or sample is required by the
Specifications. any related Work performed prior to ENGI-
NEER.s review and approval of the pertinent submission will
be die sole expense and responsibility of CONTRACTOR.
c.,-..~ dt~ Wlri:
6.29- CONTRACTOR shaD carry on the Work and adhere
to die proaress schedule durina all disputes or disaareemcnts
with OWNER. No Work shall be delayed or postponed pend-
ilia reselution of any disputes or disaareements. except as
pcnniacd by paraaraph IS.S or as CONTRACTOR and
OWNER may otherwise qree in writina.
,..laIIi/ktlliMt:
6.. To the fullest extent permitted by Laws and Rep.
IaIions CONTRACTOR shall indemnify and hold harmless
OWNER and ENGINEER and their consultants. acents and
~s from and apinst all claims. damales, losses and
~xpc.,.s, direct. indirect or consequential (includina but not
..... to fees and charles of enaineen, architects, attorneys
.... oda professionals and court and arbitration costs) aris-
ilia _ ~ or resultiDa from the performance of the Work,
provided that any ~uch claim. damaae. \oss or expcftK el) is
attributable to bodily injury. sickness. disease or death. or to
injury to or destruction of tanaible property (other than the
Work itselO includina the loss of use resultina therefrom and
(b) is caused in whole or in part by any nealiaeftt act or
omission of CONTRACTOR. any Subcontractor. any person
or oraanization directly or indirectly employed by any oIthem
to perform or furnish any of the Work 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 or arises
by or is imposed by Law and Regulations regardless of the
neaIiaence of any such party.
f
6.31. In any and all claims against OWNER or ENGI-
NEER or any of their consultants. agents or employees by
any employee of CONTRACTOR. any Subcontractor. any
person or oraanization directly or indirectly employed by any
of them to perform or furnish any of the Work or anyone for
whose acts any of them may be liable. the indemnification
obligation under paragraph 6.30 shall not be limited in any
way by any limitation on the amount or type of damaaes.
compensation or benefits payable by or for CONTRACTOR
or any such Subcontractor or other person or orpnization
under workers' or workmen's compensation acts. disability
benefit acts or other employee benefit acts.
6.32. The obligations of CONTRACTOR under para-
&JClph 6.30 shall not extend to the liability of ENGINEER.
ENGINEER's consultants. aaents or employees arisina out
of the preparation or approval of maps, drawings. opinions.
reports. surveys. Change Orders. designs or specifications.
.
ARTICLE '-OTHER WORK
R~I/Iltd Wori ., s.:
, .1. OWNER may perform other work related to the Proj-
ect at the site by OWNER's own forces. have Olber work
performed by utility owners or let other direct contraCtS therefor
which shall contain General Conditions similar 10 these. If
the fact that such other wort is to be performed was BOt noted
in the ContraCt Documents. written notice thereof will be
liven to CONTRACTOR prior to startina any SKh other
work; and. if CONTRACTOR believes that suda perfor-
mance will involve additional expense to CONTRACTOR or
requires additional time and the parties arc unable to aarec
as to the extent thereof, CONTRACTOR may mak a claim
therefor as provided in Articles II and 12.
7.2. CONTRAcroR shall afford each utility owner and
other contractor who is a party to such a direct coetraCt (or
OWNER, if OWNER is pcrformina the additional work with
OWNER's employees) proper and safe access to die site and
a reasonable '. r'r . ,rtunity for the introduction and storaae of
materials and equipment and the execution of such work, and
shall property connect and coordinate the Work ... thein.
CONTRActOR shaD do aD cuttiDa, ftttina and ,.china of
the Wort that may be required to make its several puts come
toaether properly and intepate with such other wort. CON-
t
18
TRACTOR shaI... tndaqcr any wort of others by cUlli...
excavatinl or OIhcnrtise aIlerinl their wort and will only cut
or alter their wort with lite wrillen consent of ENGINEER
and the others whose work will be affected. The duties and
responsibilities or CONTRACTOR under this paraaraph arc
for the benefit of such ..ility owners and other cont_tors
to the extent tltal there are comparable provisions for the
benefit of CONTRACTOR in said direct contracts between
OWN ER and such utility owners and other contractors.
7.3. If any pan of CONTRACTOR's Work depends for
proper execution or resuks upon the work of any such other
contractor or lIliliay OWIICr for OWNER). CONTRACTOR
shall inspect aad prompdy report to ENGIN EER in writing
any delays. ddccts or deficiencies in such work that render
it unavailable or unsuitable for such proper execution and
results. CONTlACTOR.s failure so to repon wil) constitute
an acceptance of die other work as fit and proper for inteara-
tion with CONTRACTOR's Work except for latent or non-
apparent defects and dekiencies in the other work.
,
Coordinatio.:
7.4. If OWNER ,_raets with others for the perfor-
mance of other work Oft the Project at the site. the person or
organization wbo will ave authority and responsibility for
coordination ~ thf activities among the various prime con.
tractors will be identified in the Supplementary Conditions.
and the specific mattcrs 10 be covered by such authority and
responsibility wiD be itC8aized. and the extent of such author-
ity and responsibilities will be provided. in the Supplementary
Conditions. Ualess OIherwise provided in the Supplementary
Conditions. neilherOWNER nor ENGINEER shall have any
authority or respoesibilily in respect of such coordination.
ARTICLE I-OWNER.S RESPONSIBILITIES
8.1. OWNER shall issue all communications to CON-
TRACTOR throuah ENGINEER.
..2. In case oftamiaation 0( the employment of ENGI-
NEER, OWNER sIIaII appoint an engineer apinst whom
CONTRACTOR .aes 110 reasonable objection, whose sta-
tus under the CoaIrKI Documents shall be that of the former
ENGINEER. AIIy.,.e in connection with such appoint-
ment shaD be 5IIIiect 10 llbitration.
1.3. OWNER shill lnish the data required of OWNER
under the CODInd Doc.nents promptly and shaD make pay_
ments to CONTRA\. IU. promptly after they are due as
provided in panpapIas M.4 and 14.13.
t
1.4. OWNER.s cIutia ia respect of providina lands and
easements and JIIO.... enaineerina surveys to establish
reference poi_are set IJI1Ia in parapaphs 4.1 and 4.4. Para-
araph 4.2 rcfcn III OWNER.s identifyina and matina avail-
able to CON'l'UClORcopies of reports of explorations and
tests of subsw6cc tGa~ at the site and in existina strue-
tures which have been utilized by ENGIN EER in preparinl
the Drawinls and Specifications.
8.5. OWNER's responsibilities in respect of purchasin.
and maintaininlliability and propeny insurance arc set fonh
inparaaraphs S.S throup 5.1.
8.6. OWNER is oblipted to execute Chanle Orders as
indicated in paragraph 10.4.
8.7. OWNER's responsibility in respect of certain
inspections. tests and approvals is set forth in paraaraph 13.4.
8.8. In connection with OWNER's riaht to stop Work or
su spe nd Work. see paraaraphs 13.10 and I j. I. Paragraph IS. 2
deals with OWNER's right to terminate services of CON-
TRACTOR under certain circumstances.
ARTICLE 9-ENGINEER'S STATUS DURING
CONSTRUCTION
OWII"', RtP"StIlI4liH:
9.1. ENGINEER will be OWNER's representative dur-
ing the construction period. The duties and responsibilities
and the limitations of authority or ENGINEER as OWNER's
representative during construction are set forth in the Con-
tract Documents and shall not be extended without written
consent of OWNER and ENGINEER.
Visits to SiI6:
9.2. ENGINEER will make visits to the site at intervals
appropriate to the various stages of construction to observe
the proaress and quality of the executed Work and to deter-
mine. in general. if the Wort is proceedina in accordance
with the Contract Documents. ENGINEER will not be required
to make exhaustive or continuous on-site inspections to check
the quality or quantity of the Work. ENGINEER's efforts
will be directed toward providina for OWNER a &reater dl......e
or confidence that the completed Work will conform to the
Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified desian profes-
sional, ENGINEER will keep OWNER informed of the proa-
ress of the Work and wiD endeavor to pard OWNER apinst
defects and deficiencies in the Wort.
I'rojtCllttp"StllkllltM:
9.3. If OWNER and ENGINEER aaree, ENGINEER
will furnish a Resident Project Representative to assist
ENGINEER in observin. the performance of tile Wort. The
duties, responsibilities and limitations or authority or any
such Resident Project Representative and assistants will be
as provided in the Supplementary Conditions. If OWNER
desipates another aaent to represent OWNER at the site
wbo is not ENGINEER.s aaent 01' employee. the duties.
responsibilities and limitatioas ~ authority or such other
person will be as provided iD the Supplementary Conditions.
19
clMi/k..... .,J,.""lIIIiou:
9.4. ENGINEER will issue with reasonable promptness
such written clarifications or interpretations of the require.
ments of the C_ract Documents (in the form of Drawinls
or otherwise) as DlGINEER may determine necessary. which
shall be consistat with or reasonably inferable from the
overall intentofthc Contract Documents. If CONTRACTOR
believes that a written clarification or interpretation justifies
an increase in the Contract Price or an extension of the
Contract Time and the parties are unable to agree to the
amount or elteAl thereof. CONTRACTOR may make a claim
therefor as provided in Article I I or Article 12.
"utltori:#tl V~ ill W orlc:
9.S. ENGINEER may authorize minor variations in the
Work from the Rquirements of the Contract Documents which
do not involve an adjustment in the Contract Price or the
Contract Time and are consistent with the overall intent of
the Contract Documents. These may be accomplished by a
Field Order and will be binding on OWNER. and also on
CONTRACTOR who shall perform the Work involved
promptly. If CONTRACTOR believes that a Field Order
justifies an increase in the Contract Price or an extension of
the ContraCt Tunc and the parties are unable to agree as to
the amount or cltent thereof. CONTRACTOR may make a
claim therefor as provided in Article II or 12.
1t~~c,..lhJ~Cliw Wort:
9.6. ENGINEER will have authority to disapprove or
reject Work which ENGINEER believes to be d~ftC';'t,'~, and
will also have authority to require special inspection or testing
of the Wort as provided in paraJl'aph 13.9. whether or not
the Work is fabricated. installed or completed.
Sit. """"5. CIua"" Ortkrs tut4 PIIJ",~III!:
9.1 In cOMCCtion with ENGINEER's responsibility for
Shop Drawinp and samples. see paragraphS 6.23 throuah
6.21 inclusive.
9.8. Inc~ction with ENGINEER's responsibilities as
to ChanF Ot*n. see Articles 10. 11 and 12.
9.9. ID cOMCCtion with ENGINEER's responsibilities in
respect of Applications for Payment. etc.. see Article 14.
DeI6,..",...J- VIIiI Ptie..:
9.10. ENGINEER will determine the actual quantities
and cl~JIioM. of Unit Price Wort performed by CON-
TRA\...IuR. EMGINEER will review with CONTRACTOR
ENGINEER's preliminary determinations on 'such matters
before n;uderi8I a written decision thereon (by recommen-
datioD ~ aD AppIieation for Payment or otherwise). ENGI-
NEER.s wriIIaa decisions thereon will be final and bindina
upoD OWNER IDd CONTIlACI'OR. unless, within ten days
after the datccl..y such decision. either OWNER or CON.
TRA~. va delivers to the other party to the Aareement and
to ENGINEER written notice of intention to appeal from
such. decision.
(
IhtiJiolU Oil Du,"'~I:
9. I I. ENGINEER will be the initial interpreter or the
requirements of the Contract Documents and judle of the
acceptability of the Work thereunder. Claims. disputes and
other matters relating to the acceptability of the Work or the
interpretation oHhe requirements ofthe Contract Documents
pcrtaininl to the performance and furnishing of the Work and
claims under Articles 11 and 12 in respect of chanles in the
Contract Price or Contract Time will be referred initially to
ENGINEER in writinl with a request for a formal decision
in accordance with this paragraph. which ENGINEER will
render in writing within a reasonable time. Written notice of
each such claim. dispute and other matter will be delivered
by the claimant to ENGINEER and the other party to the
Agreement promptly (but in no event later than thirty days)
after the occurrence of the event giving rise thereto. and
written supporting data will be submitted to ENGINEER and
the other party within sixty days after such occurrence unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim.
9.12. When functioning as interpreter and judlC under
paragraphs 9.10 and 9.11. ENGINEER will not show par.
tiality to OWNER or CONTRACTOR and will not be liable
in connection with any interpretation or decision rendered in
aoad faith in such capacity. The renderina of a decision by
ENGINEER pursuant to paragraphs 9.10 and 9.1 I with respect
to any such claim. dispute or other matter (except any which
have been waived by the makinl or acceptance of final pay.
ment as provided in paragraph 14.16) will be a condition
precedent to any exercise by OWNER or CONTRACTOR
of such rights or remedies as either may otherwise have under
the Contract Documents or by Laws or Regulations in respect
of any such claim. dispute or other matter.
Lir1IiUIIioru 011 ENGINEER's R~!pollSibiliMs:
9.13. Neither ENGINEER's authority to act under this
Article 9 or elsewhere in the Contract Documents nor any
decision made by ENG IN EER in lood faith either to elercise
or DOl elercise such authority shall give rise to any duty or
responsibility of ENGINEER to CONTRACTOR. any Sub-
contraCtor. any Supplier. or any other penon or orpnization
performina any of the Work. or to any surety for any of them.
9.14. Whenever in the Contract Documents the terms "as
ordered". "as directed", "as required", "as aUowed". "as
approved" or terms of like effect or import are used. or the
adjectives "reasonable". "suitable". "acceptable". "proper"
or "satisfactory" or adjectives of like efl'ect or import are
used to describe a requirement. direction. review or judpncnt
of ENGINEER as \0 the Work, it is intended that such
requirement, direcUoft. review or judament win be solely to
evaluate the Work for complianCe with the Contrac:t Docu-
ments (unless there is a specifk statement indicatin& other-
wise). The use of any such term or adjective sbaU not be
20
effective to assiln to ENGINEER Ifty duty or luthority to
supervise or direct the fumishina or performance of the Work
or any duty or authority to undatalte responsibility contrary
to the provisions of paragraph 9.IS or 9.16.
9.15. ENGINEER will not be responsible for CON.
TRACTOR's means. methods. techniques. sequences or pro-
cedures of construction. or the safety precautions and pro.
arams incident thereto. and ENGINEER will not be respon.
sible for CONTRACTOR's failure to perform or furnish the
Work in accordance with the Contract Documents.
9.16. ENGINEER will not be responsible for the acts or
omissions of CONTRACTOR or of any Subcontractor. any
Supplier. or of any other person or organization performing
or furnishing any of the Work.
ARTICLE IO-CHANGES IN THE WORK
t
10.1. Without invalidating the Agee me nt and without notice
to any surety. OWNER may. at any time or from time to
time. order additions. deletions or revisions in the Work:
these will be authorized by a Written Amendment. a Change
Order. or a Work Directive Change. Upon receipt of any such
document. CONTRACTOR shall promptly proceed with the
Work involved which will be performed under the applicable
conditions of the Contract Documents (except as otherwise
specifically provided).
10.2. If OWNER and CONTRACTOR are unable to agree
as to the extent, if any, of an increase or decrease in the
Contract Price or an extension or shortening of the Contract
Time that should be allowed as a result of a Work Directive
Chanae. a claim may be made therefor as provided in Anicle
II or Anicle 12.
10.3. CONTRACTOR shall not be entitled to an increase
in the Contract Price or an extension of the Contract Time
with respect to any Work performed that is not required by
the Contract Documents as amended. modified and supple-
mented as provided in paraaraphs 3.4 and 3.S. except in the
case of an emergency as provided in parap'aph 6.22 and
except in the case or uncoveri.. Wort as provided in para_
araph 13.9.
10.4. OWNER and CONTRAl.l uR shall execute appro-
priate Change Orders (or Written Amendments) coverine:
,
10.4.1. changes in the Work which are ordered by
OWNER pursuant to paragraph 10.1. are required because
of acceptance of d~/~cl;v~ Wort under parap'aph 13.13 or
correctinl d~/~cl;v~ Work under paraaraph 13.14. or are
apeed to by the parties;
10.4.2. changes in the COIItIact Price or Contract Time
which are aareed to by the parties; aad
10.4.3. chan,es in the Contr'lC1 Price or Contract Time
which embody the substance of any written decision ren.
dcred by ENGINEER punuant 10 paraaraph 9.11:
provided thlt, in lieu of executinl any such Chanle Order.
an appeal may be taken from Iny such decision in accordance
with the provisions of the Contract Documents and applicable
Laws and Relulations. but durinl any such appeal. CON.
TRACTOR shall carry on the Work and adhere to the prog.
ress schedule as provided in paraaraph 6.29.
10.S. If notice of any change affecting the general scope
of the Work or the provisions of the Contract Documents
Cincludin,. but not limited to. Contract Price or Contract
Time) is required by the provisions of any Bond to be Jiven
to a surety. the Jiving of any such notice will be CONTRAC.
TOR's responsibility. and the amoum of each applicable Bond
wiU be adjusted accordinalY.
ARTICLE II-CHANGE OF CONTRACT PRICE
1 1.1. The Contract Price constitutes the total compen-
sation (subject to authorized adjustments) payable to CON-
TRACTOR for performinl the Work. All duties. responsibil-
ities and obligations assiped to or undertaken by CON-
TRACTOR shall be at his expense without chanle in the
Contract Price.
11.2. The Contract Price may only be changed by a Chanae
Order or by a Written Amendment. Any claim for an increase
or decrease in the Contract Price shall be based on written
notice delivered by the pany makinl the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) after the OCcurrence of the event livinl rise to
the claim and stating the leneraJ nature of the claim. Notice
of the amount of the claim with supponinl data shall be
delivered within sixty days after such occurrence (unless
ENGINEER allows an additional period of time to ascertain
more accurate data in support of the claim) and shaD be
accompanied by claimant's written statement that the amount
claimed covers aD known amounts (direct. indirect and c0n-
sequential) to which the claimant is entitled as a result of the
OCcurrence of said event. AD claims for adjustment in the
Contract Price shaD be determined by ENGINEER in accor.
dance with paraaraph 9.11 if OWNER and CONTRA", I uR
cannot otherwise ...~. on the amount involved. No claim
for an adjustment in the Contract Price will be valid if DOt
submitted in accordance with this paraaraph 11.2.
11.3. The value of any Wort covered by a Chanle Order
or of any claim for an increase or decrease in the ContnM:t
Price shaD be determined in one of the foUowina ways:
11.3.1. Where the Wort involved is covered by unit
prices contained in the Contnct Documents. by applica.
lion of unit prices to the quantities of the items involved
(subject to the provisions of panaraphs 11.9.1. throuah
11.9.3. inclusive).
21
, '.3.2. 8y mutual acceptance of a lump sum (which
may include an allowance for overhead and profit not
Mcessarily in accardance with paralraph ".6.2.1).
I' .3.3. On the basis of the Cost of the Work (deter.
mined ~ provided in paralraphs 11.4 and I1.S) plus a
CONTRACTOR's Fee for overhead and profit (deter.
mined as provided in paragraphs 11.6 and 11.7).
Co,, of. wort:
, 1.4. The t~rm Cost of the Work means the sum of all
costs necessarily incurred and paid by CONTRACTOR in
the proper performance of the Work. Except as otherwise
may be aareed to in writing by OWNER. such costs shall be
in amounts DO higher than those prevailing in the locality of
the Project. shalt include only the following items and shall
not include any of tlac costs itemized in paragraph 11.5:
, , .4.1. Payrol costs for employees in the direct employ
of CONTRACTOR i!\ the performance of the Work under
schedules of job classifications agreed upon by OWNER
and CONTRACTOR. Payroll costs for employees not
employed fult tilllc on the Work shall be apportioned on
the basis of their time spent on the Work. Payroll costs
shall include. bua not be limited to. salaries and wages
plus the cost of fringe benefits which shall include social
security cOIltributions. unemployment. excise and payroll
taxes. workers' or workmen's compensation. health and
retirement benefits. bonuses. sick leave. vacation and hol.
iday pay applicable thereto. Such employees shall include
superintendeDts and foremen at the site. The expenses of
perfOl'1llin& Wort after regular workina hours. on Satur-
day. Sunday or lep) holidays. shall be included in the
above to the extcftt authorized by OWN ER.
11.4.2. Cost ci all materials and equipment furnished
and incorporated in the Work. including costs of trans-
portat~ aadstoraae thereof. and Suppliers' field services
required in connection therewith. All cash discounts shaD
accrue 10 CON11lACTOR unless OWNER deposits funds
witb CONTRACI'OR with which to make payments. in
which casc me ash discounts shall accrue to OWNER.
All trade di~S. rebates and refunds and aU returns
from sak of surplus materials and equipment shall accrue
to OWNER. and CONTRACTOR shall make provisions
so that dley may. obtained.
11.4.). Pay"- made by CONTRACTOR to the
SubconuactOl'S far Work performed by Subcontractors.
If requiRd by OWNER. CONTRACTOR shall obtain
compelilive bidsfrom SubcontrKtGn acceptable to CON-
TRA"-.uIl aad shaD deliver such bids to OWNER who
will thca ddcr1niIe. with the advice of ENGINEER. which
bids wiI be KC"cd. If a subcontraCt provides that the
Subc~or is to be paid OD the basis of Cost of the
Work ... a F~ Ibc SubcontraCtor.s Cost of the Wort
shall be ...leI1IIiIed in the same. manner as CONTRAC-
TOR.sCost ofdle Work. AD subcontraCts shall be subject
to the other provisions of the Contract Documents insofar
as applicable.
(
11.4.4. Costs of special consultants Cincludinl but not
limited to enlineers. architects. testinalaboratories. sur.
veyors. attorneys and accountants) employed for services
specifically related to the Work.
11.4.5. Supplemental costs including the following:
11.4.S.I. The proportion of necessary transporta-
tion. travel and subsistence expenses of CONTRAC-
TOR's employees incurred in discharge of duties con-
nected with the Work.
11.4.5.~. Cost. including transportation and main-
tenance. of all materials. supplies. equipment. machin-
ery. appliances. office and temporary facilities at the
site and hand tools not owned by the workers. which
are consumed in the performance of the Work. and cost
less market value of such items used but not consumed
which remain the property of CONTRACTOR.
'1.4.5.3. Rentals of all construction equipment and
machinery and the parts thereof whether rented from
CONTRACTOR or others in accordance with rental
agreements approved by OWN ER with the advice of
ENGINEER. and the costs oftransportation. loading.
unloading. installation. dismantling and removal
thereof-all in accordance with terms of said rental
agreements. The rental of any such equipment. machin-
ery or parts shall cease when the use thereof is no lonaer
necessary for the Work.
,
11.4.5.4. Sales. consumer. use or similar taxes
related to the Wort. and for which CONTRACTOR is
liable. imposed by Laws and RelUlations.
'1.4.5.5. Deposits lost for causes other than neali-
gence of CONTRACTOR. any Subcontractor or any-
one directly or indirectly employed by any of them or
for whose acts any of them may be liable. and royalty
payments and fees for permits and licenses.
11.4.5.6. Losses and damales (and related
expenses). not compensated by insurance or otherwise.
to the Work or otherwise sustained by CONTRAL I vR
in connection with the performance and fumishina of
the Work (except losses and damaacs within the
deductible amounts of property insurance established
by OWNER in accordance with paraaraph S.9), pro.
vided they have resulted from causes other than the
nealiaencc of CONTRA"- I vR. any SubcontraCtor, or
anyone directly or indireedy employed by any of them
or for whose acts any ~ them may be liable. Such
losses shall include settlements made with the written
consent and approval of OWNER. No such losses,
damages and expenses shaD be included in the Cost of
the Wort for the purpose of dctenninina CONTRAC-
TOR's Fee. If, however, any such loss or damaae
22
,
requires reconstruction and CONTRACTOR is placed CONTIACTO", ,":
in charae thereof. CONTRACTOR shall be paid ror 11.6. The CONTRACTOR's Feeallowed 10 CONTRAC.
services a r<< proponionale 10 Ihal .Ialed in paralraph, TOR ror overhead and profil .hall be determined a. rollow"
11.6.2.
11.4.~.7. The co~t of utilities. fuel and sanilary
facilities at the site.
11.4.~.8. Minor expenses such as telegrams. long
distance telephone calls. telephone service at the site.
expressage and similar peny cash items in connection
with the Work.
11.4.5.9. Cost of premiums for additional Bonds
and insurance required because of changes in the Work
and premiums for property insurance coverage within
the limits of the deductible amounts established by
OWNER in accordance with paragraph 5.9.
11.5. The term Cost of the Work shall not include anv of
the following: .
c
11.5.1. Payroll costs and other compensation of CON-
TRACTOR's officers. executives. principals (of partner-
ship and sole proprietorships). general managers. engi-
neers, architects. estimators. attorneys. auditors. accoun-
tants. purchasing and contracting agents. expeditors.
timekeepers. clerks and other personnel employed by
CONTRACTOR whether at the site or in CONTRAC-
TOR's principal or a branch office for general administra-
tion of the Work and not specifiCally included in the agreed
upon schedule of job classifications referred to in para.
araph 11.4. I or specifically covered by paragraph 11.4.4-
all of which are to be considered administrative costs
covered by the CONTRACTOR's Fee.
11.5.2. Expenses (\f CONTRACTOR's principal and
branch offices other than CONTRACTOR's office at the
site.
11.5.3. Any pan ofCONTRACTOR's capital expenses.
including interest on CONTRACTOR'S capitaJ employed
for the Work and charges against CONTRACTOR for
delinquent payments.
11.5.4. Cost of premiums for 311 Bonds and for all
insurance whether or not CONTRACTOR is required by
the Contract Documents to purchase and maintain the
same (except for the cost or premiums covered by sub-
paraaraph 11.4.5.9 above).
11.5.5. Costs due to the negligence of CONTRAC-
TOR. any Subcontractor, or anyone directly or indirectly
employed by any of them or for whose acts any of them
may be liable. includina but not limited to, the correction
of d~f~ctiv~ Work. disposal of materiaJs or equipment
wronaJy supplied and makina ,000 any damaae to prop-
erty.
t
11.5.6. Other overhead or ,eneral expense costs of
any kind and the costs m any item not specifical)y and
expressly included in paraaraph 11.4.
11.6.1. a mutually acceptable fixed fee; or if none can
be agreed upon.
) 1.6.2. a fee based on the fOllOWing percentales of the
various ponions of the Cost of the Work:
11.6.2.1. for costs incurred under paragraphs 11.4.1
and 11....2. the CONTRACTOR's Fee shall be fifteen
percent;
11.6.2.2. for costs incurred under paragraph 11.4.3.
the CONTRACTOR's Fee shaJl be five percent: and if
a subcontract is on the basis of Cost of the Work Plus
a Fee. the maximum allowable to CONTRACTOR on
account of overhead and profit of all Subcontractors
shall be fifteen percent;
11.6.2.3. no fee shall be payable on the basis of
costs itemized under paraaraphs 11.4.4. 11.4.5 and 11.5;
11.6.2.... the amount of credit to be aJlowed by
CONTRACTOR to OWN ER for any such change which
results in a net decrease in cost will be the amount of
the actual net decrease plus a deduction in CONTRAC-
TOR's Fee by a'1 amount equal to ten percent of the
net decrease; and
11.6.2.5. when both additions and credits are
involved in anyone change. the adjustment in CON-
TRACTOR's Fee shaJl be computed on the basis of the
net chanle in accordance with Para&raphs 11.6.2.1
thro"Jh 11.6.2.4. inclusive.
11.7. Whenever the cost of any Work is to be determined
pursuant to paragraph 11.4 or 11.5. CONTRACTOR will
submit in form acceptable to ENGINEER an itemized cost
breakdown tOletber with supponina data.
CIIS" Allowucn:
11.8. It is understood that CONTRACTOR has included
in the Contract Price all allowances so named in the COfttnct
Documents and shall cause the Work so covered to be done
by such Subcontractors or Supplien and for such sums withiD
the limit or the aDowances as may be acceptable to ENGI-
NEER. CONTRACI'OR aarees that:
11.8.1. The allowances include the cost to CON-
TRAL I uK (Jess any applicable trade discounts) 01 mate-
rials and equipment required by the allowances to be deliv-
ered ..the site, and all applicable taxes; and
11.1.2. CONTRACTOR's costs for unloadiDa and
handlina on the site. labor, installation costs, ovahad,
profit aod other expenses contemplated for the aDowances
have been included in the Contract Priu and DOl iD Ibe
23
allowances. No.aemaad for additional payment on account
of any thereof wiD be valid.
Prior to final pay..nl. an appropriate Chanle Order will be
issued as recom--d by ENGIN EER to reftect actual
amounts due CO,,",ACTOR on account of Work covered
by allowances. and the Contract Price shall be correspond-
inlly adjusted.
VlliI price WDti:
I 1.9. I . Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work. initially
the Contract Price will be deemed to indude for aU Unit
Price Work an amount equal to the sum of the established
unit prices for each separately identified item of U nit price
Work times tile estimated quantity of each item as indi-
cated in the Aareement. The estimated quantities of items
of Unit price Work are not guaranteed and are solely for
the purpose of comparison of Bids and determining an
initial Contract Price. Determinations of the actual quan-
tities and classifications of Unit price Work performed by
CONTRAL loR will be made by ENGINEER in accor-
dance with Para&faPh 9.10.
11.9.2. Each unit price will be deemed to include an
amount considered by CONTRACTOR to be adequate to
cover CONTIlACTOR' s overhead and profit for each sep-
arately identified item.
11.9.3. Where the quantity of any item of Unit Price
Work pe1fonncd by CONTRACTOR differs materially
and signik-tly from the estimated quantity of such item
indicated in the Aareement and there is no corresponding
adjustment with respect to any other item of Work and if
CONTRACTOR believes that CONTRACTOR has
incurred additional expense as a result thereof. CON-
TRACTOR may make a claim for an increase in the Con-
tract Price it accordance with Article 11 if the parties are
unable to aaree as to the amount of any such increase.
ARTICLE 12--CHANOE OF CONTRACT TIME
11.1. 1beCOIllRCt Time may only be chansed by a Cbanle
Order or a Wlitcn Amendment. Any claim for an extension
or shorteninl of tbe Contract Time sball be based on written
notice delivac4 by the party makin, the claim to the other
party and to ENGINEER promptly (but in no event later than
thirty days) .a tbt occurrence of the event aivina rise to
the claim and statilllhe leneral nature of the claim. Notice
of the extent of the claim with supportina data shall be deliv-
ered witbiD sixty clays after such occurrence (unless ENGI-
NEER allows ..Idditional period of time to ascertain more
accurate data ia gapport of the claim) and sball be accom-
panied by die cIIiII.-t.s written statement that the adjust-
ment claimel is .. caUre adjustment to which the claimant
has reaSOD .1dicve it is entitled as a result of the occurrence
~ said eveaL AI claims for adjustment in the Contract Time
shan be determined by ENGINEER in accordance with para-
araph 9. I I if OWNER and CONTRACTOR cannot otherwise
a,ree. No claim for an adjustment in the Contract Time will
be valid if not submitted in accordance with the requirements
of this paragraph 12.1.
{
12.~. The Contract Time will be extended in an amount
equal to time lost due to delays beyond the control of CON-
TRACTOR if a claim is made therefor as provided in para-
graph 12.1. Such delays shall include. but not be limited to.
acts or neglect by OWNER or others performing additional
work as contemplated by Article 7. or to fires. ftoods. labor
disputes. epidemics, abnormal weather conditions or acts of
God.
12.3. All time limits stated in the Contract Documents
are of the essence of the Agreement. The provisions of this
Article 12 shall not exclude recovery for damages (including
but not limited to fees and charges of engineers. architects.
attorneys and other professionalS and court and arbitration
costs) for delay by either party.
ARTICLE 13--W ARRANTY AND GUARANTEE~
TESTS AND INSPECTIONS~
CORRECTION. REMOV AL OR
ACCEYT ANCE OF DEFECTIVE WORK
(
WIJITG1IlY And (jlUJTGllUe:
'3. I. CONTRACTOR warrants and luarantees to
OWNER and ENGINEER that all Work will be in accor-
dance with the Contract Documents and will not be dtftCl;vt.
Prompt notice of all defects sball be given to CONTRAC-
TOR. All dt!tClh.t Work. whether or not in place. may be
rejected. corrected or accepted as provided in this Article 13.
Access ID Wort:
13.2. ENGINEER and ENGINEER.s representatives.
Olher representatives of OWNER. testing agencies and gov.
ernmental aaencies withjurisdictional interests wiD have access
to the Work at reasonable times for their observation. inspecting
and testinl. CONTRACTOR shall provide proper and safe
conditions for such access.
TesU 41I41llspectUllIS:
13.3. CONTRAl.l \JR shall pve ENGINEER timely notice
of readiness of the Wort for all required inspections. tests or
approvals.
13.4. If Laws or Relulations of any public body having
jurisdiction require any Work (or part thereon to specificallY
be inspected. tested or approved. CONTRACTOR shall
assume run responsibility therefor. pay aU costs in connection
therewith and furnish ENGINEER the required certificates
of inspection. testina or approval. CON 1 )(ACTOR shall also
,~
4.
24
f
be rr.-;bIe I'ar and shall pay all costs in connection with
any inspection 01' kstin. required in connection with OWN-
ER 's or ENGINEER's acceptance of a Supplier or materiaJ,
or equipmmt J)rOpOscd to be incorporated in the Work, or of
materials or equipment submitted for approval prior to CON-
TRAllvl's purchase thereo(for incorporation in the Work.
The cO!t ~ all inspections, tests and approvals in addition to
the above which are required by the Contract Documents
shall be paid by OWNER (unless otherwise specified).
U.s. AU inspections, tests or approvals other than those
requiml by Laws or Regulations of any public body havinl
jurisdictiOll shal be performed by organizations acceptable
to OWNER and CONTRACTOR (or by ENGINEER if SO
specified).
13.6. If any Work (including the work of others) that is
to be inspected, ICsted or approved is covered without written
concuncnceofENGINEER, it must, if requested by ENGI-
N EER. be uncovered for observation. Such uncoverinl shall
be at CONTRACTOR's expense unless CONTRACTOR has
given ENGINEER timely notice of CONTRACTOR 's inten.
tion to COYer tbe same and ENGINEER has not acted with
reasonable promptness in response to such notice.
c
13.7. Neither observations by ENGINEER nor inspec-
tions, tests or approvals by others shall relieve CONTRAC-
TOR fromCONTRAcrOR's obligations to perform the Work
in accordance wiIh the Contract Documents.
U IICOHl'iltr "Oft:
13.8. If my 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.
t
13.9. If ENGINEER considers it necessary or advisable
that covered Work be observed by ENGIN EER or inspected
or tested by odaers, CONTRACTOR. at ENGINEER's
request. shall uncover, expose or otherwise make available
for obwrvation. inspection or testin. as ENGINEER may
require. that ponioa of the Work in question. furnishi,. aJl
necessary labor, materiaJ and equipment. If it is found that
such Wart isUJ.I'II~'~, CONTRACTOR shall ,bear all direct.
indirect aad consequential costs or such uncoverin.. expo-
sure. obsavatw.. inspection and tcstin. and of satisfactory
reconSllUc:lioa. (iDcludinl but not limited to fees and charaes
of en.-en. ardtitects. attorneys and other professionals).
and OWNEJl shill be entitled to an appropriate decrease in
the COIb'ad Price. and. if the panics are unable to aaree as
to the..... theRor. may make a claim therefor as provided
in Anidc II. If. lIowever. such Work is not found to be
d~/~cl_. CONDAcrOR shaD be allowed an incrrase in
the C~ Price or an extension of the Contract Tune, or
both, 6ecdy --table to such uncovering. exposure.
obscl'Vlldo.. iDspcdion. testina and reconstruction; and, if
the parties are -we to agree as to the am~Unt or extent
thereof, CONTRACTOR may make a claim thercfor as pr0-
vided in Anicles II and 12.
OWII~' Mo, SlOp 1It~ Wort:
IJ.IO. If the Work is d~/~cti,'~. or CONTRACTOR fails
to supply sufficient skilled workers or suitable materials or
equipment, or fails to furnish or perform the Work in such a
way that the completed Work will conform to the Contract
Documents. OWN ER may order CONTRACTOR to S!Op the
Work, or any portion thereof, until the cause for such order
has been eliminated; however. this riaht 0( OWNER to stop
the Work shaJJ not live rise to any duty on the pan of OWNER
to exercise this riaht for the benefit of CONTRACTOR or
any other pany.
COn-Utioll or R~mot1Gl of 1H/~cti)1e Wort:
13.11. If required by ENGINEER, CONTRACTOR shall
promptly. as directed, either correct all d~/~c'iv~ 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 nond~/uti,'~ Work. CONTRACTOR
shall bear all direct. indirect and consequential costs of such
correction or removal (including but not limited to fees and
charges of engineers, architects, attorneys and other profes-
sionals) made necessary thereby.
Oll~ Year COn'UtiDlI P,riDtI:
13.12. If within one year after the date of Substantial
Completion or such lonler period or time as may be pre.
scribed by Laws or Regulations or by the terms of any appli.
cable special luarantee required by the Contract Documents
or by any specific provision or the Contract Documents, any
Work is found to be d~/~ctn.'~. CONTRACTOR shall promptly,
without cost to OWNER and in accordance with OWNER's
written instructions. either correct such d~/~ctiv~ Work, or,
it it has been rejected by OWN ER, remove it from the site
and replace it with nond~f~cli,,'~ Wort. If CONTRACTOR
does not promptly comply with the terms 01 such instructions,
or in an emelJency where delay would cause serious risk of
loss or damage, OWNER may have the tk/~cti,.~ Wort cor.
rected or the rejected Work removed and replaced. and all
direct. indirect and consequential costs of such removal and
replacement (includina but not limited to fees and charaes of
enlineers. architects. attorneys and other professionals) will
be paid by CONTRACTOR. In special circumstances when:
a particular item of equipment is placed iD continuous service
before Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications or by Written Amendment.
Acc~pl/ulc. 01 Ihl,cti" W....
13.13, If. instead of requirina correction or removal and
replacement or d~/~cl;v~ Wort, OWNER (and, prior to
ENGINEER's recommeDdation of fiDII paymeat, also
ENGINEER) pn:fen to accept it, OWNER may do so, CON-
TRAcrOR shall bear aD d:....~I. indiRct and consequential
2j
costs auributable to OWNER's evaluation of and determi.
nation to accept such dtf<<livt Wort (such costs to be approved
by ENGINEER as to reasonableness and to include but not
be limited to fees and charaes of engineers. architects. attor-
neys and other professionals). If any such acceptance occurs
prior to ENGINEER's recommendation of final payment. a
Chanle Order will be issued incorporating the necessary revi-
sions in the Contract Documents with respect to the Work;
and OWNER shall be entitled to an appropriate decrease in
the Contract Price. and. if the parties are unable to agree as
to the amount thereof. OWNER may make a claim therefor
as provided in Article 11. If the acceptance occurs after such
recommendation. an appropriate amount will be paid by
CONTRACTOR to OWNER.
OWNER May Corrltl Dtftttiv, Worl:
13.14. If CONTRACTOR fails within a reasonable time
after written notice of ENGINEER to proceed to correct and
to correct dt!tCli...t Work or to remove and replace rejected
Work as required by ENGINEER in accordance with para-
p-aph 13.11. or if CONTRACTOR fails to perform the Work
in accordance with the ContraCt Documents. or if CON-
TRACTOR fails to comply with any other provision of the
Contract Documents. OWNER may. after seven days' writ.
ten notice to CONTRACTOR. correct and remedy any such
deficiency. In exercising the rights and remedies under this
paraaraph OWNER shaD proceed expeditiously. To the extent
necessary to complete colI~..tive 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 CON-
TRACTOR'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 OWN ER
has paid CONTRALluR but which are stored elsewhere.
CONTRACTOR shaD allow OWN ER. OWN ER's represen-
tatives, agents and employees such access to the site as may
be necessary to enable OWNER to exercise the ripts and
remedies under this~. All direct, indirect and con-
sequential costs of OWNER in exercisina such ripts and
remedies will be charJcd Ipinst CONTRACTOR in an amount
approved as to reasonablenesS by ENGINEER, and a Chanae
Order will be issued .,.1... ..,.~.ting the necessary revisions in
the Contract Documents with respect to the Work; and
OWNER shall be entillecl to an appropriate decrease in the
Contract Price, and, . the parties are unable to aaree as to
the amount thereof, OWNER may make a claim therefor as
provided in Article II. Such direct, indirect and consequen-
tial costs wiD include but not be limited to fees and charaes
01 enaineers. architects. attorneys and other professionals.
all court and arbitralioe costs and all costs of repair and
replacement of wort t6 OIbcn destroyed or damaaed by
correction, removal CJI' replacement of CONTllACTOR's
./~ctiv~ Work. CONTRACfOR shall not be allowed an
extension of the CoaInd Tane because of any delay in per-
formance of the Wortauributab1c to the exercise by OWNER
of OWNER's ri&hts.s remedies hereunder.
ARTICLE I4-PA YMENTS TO CONTRACTOR AND
COMPLETION
,
5tll,4,,', of VGl",,:
14.1. The schedule of values established as provided in
paragraph 2.9 will serve as the basis for proaress payments
and will be incorporated into a form of Application for Pay-
ment acceptable to ENGINEER. PrOlress payments on
account of Unit Price Work will be based on the number of
units completed.
Applitalioll for Prognss 'ilY"""':
14.2. At least twenty days before each progress payment
is scheduled (but not more often than once a month). CON-
TRACTOR shall submit to ENGINEER for review an Appli-
cation for Payment filled out and signed by CONTRACTOR
covering the Work completed as of the date ofthe Application
and accompanied by such supporting documentation as is
required by the Contract Documents. If payment is requested
on the basis of materials and equipment not incorporated in
the Work but delivered and suitably stored at the site or at
another location agreed to in writin,_ the Application for
Payment shall also be accompanied by a bill of sale, invoice
or other documentation warranting that OWNER has received
the materials and equipment free and c:1ear of all liens. charaes.
security interests and encumbrances (which are hereinafter
in these General Conditions referred to as "Liens") and
evidence that the materials and equipment are covered by
appropriate property insurance and other arrangements to
protect OWNER's interest therein. all of which will be sat-
isfactory to OWNER. The amount of retainaae with respect
to progress payments will be as stipulated in the Agreement.
(
CONTRACTOR's ft'tImUIIY ofTidI:
14.3. CONTRACTOR warrants and guarantees that title
to all Work. materials and equipment covered by any Appli-
cation for Payment, whether incofl)OMlted in the Project or
not, will pass to OWNER no later than the time of payment
free and clear of all Uens.
R,viIw of ApplkllliolU/or Pl'OfrtSS "191M"':
14.4. ENGINEER will. within ten days after receipt of
each Application for Payment, either indicate in writina a
recommendation of payment and.. . ...ent the Application to
OWNER, or return the Application to CONTRACTOR indi-
catina in writina ENGINEER's reasons for rcfusina to rec-
ommend payment. In the latter case. COt-t I !(ACTOR may
make the necessary corrections and resubmit the Applica-
tion. Ten days after presentation of the Application for Pay-
ment with ENGINEER's recommendation, the amount rec-
ommended will (subject to the provisions of the last sentence
of paragraph 14.7) become due and when due will be paid by
OWNER to CONTRACTOR.
(
14.S. ENGINEER's rec:ommeodation of any payment
requested in an Application for Payment will constitute a
26
f
representation by ENGlNEERaoOWNER, based on ENGI.
NEER's on.site obsen-lIioesarthe Work in proaress as an
experienced and ~ drsip professional and on ENGI.
NEER's review 01 die Application for Payment and lhe
accompanying data and 5cltcdules that the Work his pro..
aressed to the point tndicaied; that. to the best of ENGI.
NEER's knowledat. information and belief. the quality of
the Work is in accordMCC with the Contract Documents
(subject to an evaluation ofrhe Work as a functionina whole
prior to or upon Substantial Completion. to the results of any
subsequent tests callccf for in die Contract Documents. to a
final determination or quantities and classifications for Unit
Price Work under parapapIJ 9.10. and to any other qualifi-
cations stated in the J'fCommendation): and that CONTRAC.
TOR is entitled to paY1llC1It ~ the amount recommended.
However, by recommendil1lany such payment ENGINEER
will not thereby be deemed to have represented that exhaus.
tive or continuous oa-sire inspections have been made to
check the quality or the quanlily of the Work beyond the
responsibilities spcciicaly assiJne~ to ENGINEER in the
Contract Documents or Ibt there may not be other matters
or issues between the parties dlat might entitle CONTRAC-
TOR to be paid addirioully by OWN ER or OWN ER to
withhold payment 10 CONTRACTOR.
t
14.6. ENGINEER's recolDlllendation of final payment
will constitute an additioul representation by ENGINEER
to OWNER that the co.ditioas precedent to CONTRAC-
TOR's being entitled tofiaaJpayment as set forth in paragraph
14.13 have been fulfilled.
14.7. ENGINEER nay rer.se to recommend the whole
or any part of any pa)'1IImI if. in ENGINEER's opinion, it
would be incorrect to" sucbrepresentations to OWNER.
ENGINEER may also refuse to recommend any such pay.
ment, or. because or sulJsequcntly discovered evidence or
the results of subseqllalt inspections or tests. nullify any such
payment previously recommended. to such extent as may be
necessary in ENGINEER's opiIIion to protect OWN ER from
loss because:
14.7.1. the Wort is Mf<<tiv~. or completed Wort has
been damaged f'eCIIIiriII COIR"tion or replacement.
14.7.2. the C..... Price has been reduced by Writ-
ten Amendment or ~ Order.
14.7.3. OWNElJIu_ required to correct d~/~c-
liv~ Work or complete Wort ill accordance with pal'ap'aph
13.14, or
14.7.4, or ENGIMEEJt.s actual knowledae of the
OCcurrence or IIIY~. cvats enumerated in paJ'aJraphs
15.2.1 throup IS~9--. ~~.
e
OWNER may refUse 10 -.e ,.yment or the full amount
,. or..... mmended by DIIINEB because claims have been
made &pinst OWNER_--=-- of CONTRACTOR '5 per-
forma.nce or rumi.. If.. 1rGrIt or Liens have been filed
in connection with die Wwt .aere are other items entitlina
OWNER to a set-ofT lIainst the amount recommended. but
OWNER must live CONTRACTOR im~diate written notice
(with a copy to ENGINEER) statin. the reasons for such
action.
SubslllntUU CompkliDlI:
14.8. When CONTRACTOR considers the entire Work
ready for its intended use CONTRACTOR shall notify
OWNER and ENGINEER in writina that the entire Work is
substantially complete (except for items specifiCally listed by
CONTRACTOR as incomplete) and request that ENGI.
NEER issue a certificate of Substantial Completion. Within
a reasonable time thereafter. OWNER. CONTRACTOR and
ENGINEER shall make an inspection of the Work to deter-
mine the status of completion. If ENGINEER does not con-
sider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writina givina the reasons therefor. If
ENGINEER considers the Work substantially complete.
ENGINEER will prepare and deliver to OWNER a tentative
certificate of Substantial Completion which shall fix the date
of Substantial Completion. There shall be attached to the
cenificate a tentative list of items to be completed or cor.
rected before final payment. OWNER shall have seven days
after receipt of the tentative certificate durina which to make
written objection to ENGINEER as to any provisions of the
certificate or attached list. If, after considerina such objec-
tions. ENGINEER concludes that the Work is not substan-
tially complete. ENGINEER will within fourteen days after
submission of the tentative certificate to OWNER notify
CONTRACTOR in writina. statina the 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 definitive certificate of Substantial
Completion (with a revised tentative list of items to be com-
pleted or corrected) reflectina such chanaes from the tentative
certificate as ENGINEER believes justified after consider-
ation of any objections from OWNER. At the time of delivery
of the tentative certificate of Substantial Completion ENGI-
NEER 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. insurance and warranties. Unless OWNER and
CONTRACTOR aaree otherwise in writina and 10 inform
ENGINEER prior to ENGINEER's issuina the definitive
certificate of Substantial Completion, ENGINEER's afore-
said recommendation will be bindina on OWNER and CON-
TRACTOR until final payment,
14.9. OWNER shall have the riaht to exclude CON-
TRACTOR from the Work after the date of Substantial Com-
pletion, but OWNER shall allow CONTRACTOR reasonable
access to complete or correct items on the tentative Jist.
PtIItitIl Util1~
14,10. Use by OWNER of any finished pan of the Wort,
which has specifically been identified in the Contract Docu-
27
ments. or which OWNER. ENGINEER and CONTRAC-
TOR aaree constitutes a separately functioninl and useable
part or the Work that can be used by OWN ER without sil.
nificant interference with CONTRACTOR's performance of
the remainder of the Work. may be accomplished prior to
Substantial Completion of all the Work subject to the fonow.
ina:
14.10.1. OWNER at any time may request CON-
TRACTOR in writing to permit OWN ER to use any such
part of the Work which OWNER believes to be ready for
its intended use and substantially complete. If CON-
TRACTOR agrees. CONTllACTOR win certify to OWNER
and ENGINEER that said part ofthe Work is substantially
complete and request ENGINEER to issue a certificate of
Substantial Completion for that part of the Work. CON-
TRACTOR at any time may notify OWNER and ENGI-
NEER in writing that CONTRACTOR considers any such
part of the Work ready for its intended use and substan-
tiaDy complete and request ENGINEER to issue a certif-
icate of Substantial Completion for that part of the Work.
Within a reasonable time after either such request. OWNER.
CONTRACTOR and ENGINEER shan make an inspec-
tion 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 OWN ER and CONTRACTOR in writing giving the
reasons therefor. If ENGINEER considers that part of the
Work to be substantially complete. the provisions of para-
paphs 14.8 and 14.9 will apply with respect to certification
or Substantial Completion of that part of the Work and the
division of responsibility in respect thereof and access
thereto.
14.10.2. OWNER may at any time request CON-
TRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not
substantially complete. A copy of such request will be
sent to ENGINEER and within a reasonable time there-
after OWNER. CONTIlACTOR and ENGINEER shan
make an inspection of that part of the Work to determine
its status of completion and will prepare a list of the items
remaining to be completed or corrected thereon before
final payment. If CONTRACTOR does not object in writ-
iDI to OWNER and ENGINEER that such part of the
Work is not ready for separate operation by OWN ER.
ENGIN EER will finalize tbe list of items to be completed
or corrected and will deliver such list to OWNER and
CONTRACTOR tocetber with a written recommendation
as to the division or responsibilities pending final payment
between OWNER and CONTRACTOR with respect to
security, operation. safety, maintenance. utilities, insur-
ance. warranties and JUarantees for that part of the Work
which will become bindina upon OWNER and CON-
TRACTOR at the ti_ when OWNER takes over such
operation (unless they shall have otherwise agreed in writ-
iD& and so informed ENGINEER). DurinJ such operation
and prior to Substan1ial Completion of such part of the
Work, OWNER shaD allow CONTRACTOR reasonable
access to complete or correct items on said list and to
complete other related Wort.
14.10.3, No occupancy or separate operation fi part
of the Work will be accomplished prior to compliance with
the requirements of paraaraph S. IS in respect of property
insurance,
{
F iIIollnsptction:
14.11. Upon written notice from CONTRACTOR that the
entire Work or an aareed portion thereof is complete. ENGI-
NEER will make a final inspection with OWNER and CON-
TRACTOR and will notify CONTRACTOR in writina of all
particulars in which this inspection reveals that the Work is
incomplete or dtfter;vt. CONTRACTOR shall immediately
take such measures as are necessary to remedy such defi-
ciencies.
FitUll Application JOT PIIY""IIl:
14.12. After CONTRACTOR has completed all such cor-
rections to the satisfaction of ENGINEER and delivered all
maintenance and operating instructions. !tChedules. luaran-
tees. Bonds. certificates of inspection. marked-up record
documents (as provided in paragraph 6.19) and other docu-
ments--all as required by the Contract Documents. and after
ENGINEER has indicated that the Work is acceptable (sub-
ject to the provisions of paragraph 14.16). CONTRACTOR
may make application for final payment following the pro-
cedure for progress payments. The final Application for Pay-
ment shan be accompanied by all documentation called for
in the Contract Documents. toaether 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 OWN ER. CONTRACTOR
may furnish receipts or releases in full~ an affidavit of CON-
TRACTOR that the releases and receipts include all labor.
services. material and equipment for which a Lien could be
filed. and that all payrolls. material and equipment bills. and
other indebtedness connected with the Work for which
OWNER or OWNER.s property might in any way be respon-
sible. have been paid or otherwise satisfied: and consent of
the surety. if any, to final payment. If an)' Subcontractor or
Supplier fails to furnish a release or receipt in full. CON-
TRACTOR may furnish a Bond or other collateral satisfac-
tory to OWNER to indemnify OWNER apinst any Lien.
f
FiIuJI Pa,,,,'''' tut4 Acc,,,.,.C':
14.13. If. on the basis of ENGINEER's observation of
the Work durina construction and final inspection, and
ENGINEER's review of the final Application for Payment
and accompanyina documentation-all as required by the
Contract Documents, ENGINEER is satisfied that the Work
has been completed and CONTRACTOR's other obligations
under the Contract Documents bave been fulfilled. ENGI-
NEER will, within ten days after receipt of the final Appli-
cation for Payment, indicate in writina ENGINEER's rec-
ommendation of payment and preseot the Application to
OWNER for payment. Thereupon ENGINEER will live
written notice to OWNER and CONTRAl.1 vR that the Work
is acceptable subject to the provisions of paraaraph 14.16.
(
2S
t
Otherwise, ENGINEER will retum the Application to CON-
TRACTOR, indicatin, in writin. the reasons for re(usin, to
recommend final payment, in which case CONTRACTOR
shall make the necessary corrections and resubmit the Appli-
cation. Thiny days after presentation to OWNER;"o' the
Application and accompanying documentation. in a'ppropri.
ate form and substance. and with ENGINEER's recommen.
dation and notice of acceptability, the amount recommended
by ENGINEER will become due and will be paid by OWNER
to CONTRACTOR.
14.14. If. through no fault of CONTRACTOR. final com.
pletion of the Work is Significantly delayed and if ENGI-
NEER so confirms. OWNER shall. upon receipt of CON-
TRACTOR's final Application for Payment and recommen.
dation of ENGINEER. and without terminating the Agee.
ment. make payment of the balance due for that POrtion of
the Work fUlly completed and accepted. If the remaining
balance to be held by OWNER for Work not fully completed
or corrected is less than the retainage stipulated in the Agree.
ment. and if Bonds have been furnished as required in para.
graph 5.1, the written consent of the surety to the payment
of the balance due for that portion of the Work fully com.
pleted 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 10V-
eming final payment, except that it shall not constitute a
waiver of claims.
t
COlllnlctor's Conlin",;", Obli,lllio,,:
14.15. CONTRACTOR's obligation to perform and com.
plete 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 cer.
tilicate of Substantia) Completion, nor any payment by
OWN ER to CONTRACTOR under the Contract Documents.
nor any use or occupancy of the Work or any pan thereof by
OWNER, nor any act of acceptance by OWNER nor any
failure to do so. nor any review and approval of a Shop
Drawing or sample submission, nor the issuance of a notice
or acceptability by ENGINEER pursuant to paraaraph 14.13.
nor any correction of d~f~cl;"~ Work by OWNER will con.
stitute an acceptance of Work not in accordance with the
Contract Documents or a release or CONTRACTOR's obIi-
ption to perform the Work in accordance with the Contract
Documents (except as r'" Jided in Patapaph 14.16).
WGi~'oIC__:
14.16. The making and acceptance or final payment will
constitute:
t
14.16.1. a waiver of all claims by OWNER apinst
CONTRACTOR, except claims arising from unsettled
Liens, from d~/~ct;v~ Work appeariDa after final inspec-
tion pursuant to paraaraph 14.11 or from failure to comply
with the Contract Documents or the terms of any special
auarantees specified therein; however, it will not consti-
tute a waiver by OWNER of any riahts in respect of
CONTRACfOR's continuin, obli,ations under Ihe Con-
tract Documents; and
'''.16.2. . waiver of all claims by CONTRACTOR
qainsl OWNER other than those previously made in writ-
inl and still unsettled.
ARTICLE IS-SUSPENSION OF WORK AND
TERMINA TION
OW"" .WIIY s",s~"" Wort:
15.1. OWNER may. al any time and without cause, sus.
pend the Work or any POrtion thereoffor a period of not more
than ninety days by notice in y.'riting to CONTRACTOR and
ENGINEER which will fix the date on which Work will be
resumed. CONTRACTOR shan resume the Work on the date
so fixed. CONTRACTOR shaD be allowed an increase in the
Contract Price or an extension of the Contract Time, or both,
directly attributable to any suspension if CONTRACTOR
makes an approved claim therefor as provided in Anicles II
and 12.
Own,r .Wtly T,mrilltlU:
15.2. Upon the OCcurrence of anyone or more of the
fOllOWing events:
15.2.1. if CONTRACTOR commences a voluntary case
under any chapter of the Bankruptcy Code <TitJe II. United
States Code). as now or hereafter in effect, or if CON.
TRACTOR takes any equivalent or similar action by filing
a petition or otherwise under any other federal or state
law in effect at such time relatin. to the bankruptcy or
insolvency;
15.2.2. if a petition is filed against CONTRACTOR
under any chapter of the Bankruptcy Code as now or
hereafter in effect at the time of filing, or if a petition is
filed seeking any such equivalent or similar relief against
CONTRACTOR under any other rederal or state law in
effect at the time relating to bankruptcy or inSOlvency;
15.2.3. if CON TRACTOR makes a general assi,nment
for the benefit of creditors;
15.2.4. if a trustcc, receiver, custodian or .,ent of
CONTRA,- I vR is appointed under applicable law or under
contract, whose appointmeat or authority to take chaJ'Je
of propeny of CONTRACTOR is for the purpose of
enforcin, a Lien apinst such propeny or for the purpose
of general administration of such propeny for the benefit
0( CONTRACTOR's Creditors;
15.2.'. if' CONTRACTOR admits in writing an inabil-
ity to pay its debts aeneraUy IS they become due;
15.2.6. ifCONTRAL. uR persistently fails to perform
the Wort in accordance wiIb the Contract Documents
29
(includina. but not limited to. failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the PfOl"ess schedule established under
paraaraph 2.9 as revised from time to time)~
15.2.7. if CONTRACTOR disregards Laws or Regu-
lations of any public body havinajurisdiction~
15.2.8. if CONTRACTOR disregards the authority of
ENGINEER; or
15.2.9. if CONTRACTOR otherwise violates in any
substantial way any provisions of the Contract Docu-
mcnts~
OWNER may. after giving CONTRACTOR (and the surety.
if there be one) seven days' written notice and to the extent
permitted by laws and Regulations. terminate the services
of CONTRACTOR. exclude CONTRACTOR from the site
and take possession ofthe 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. indirect and
consequential costs of completing the Work (including but
not limited to fees and charges of engineers. architects. attor-
neys and other professionals and court and arbitration costs)
such excess will be paid to CONTRACTOR. If such costs
exceed such unpaid balance. CONTRACTOR shall pay the
difference to OWNER. Such costs incurred by OWNER will
be approved as to reasonableness by ENGINEER and incor-
porated in a Change Order. but when exercising any rights
or remedies under this paragraph OWNER shaD not be required
to obtain the lowest price for the Work pert'ormed.
15.3. Where CONTRACTOR's services have been so
terminated by OWNER. the termination will not affect any
rights or remedies of OWNER against CONTRACTOR then
existing or which may thereafter accrue. Any retention or
payment of moneys due CONTRACTOR by OWNER wm
not release CONTRACTOR from liability.
~
15.4. Upon seven days' written notice to CONTRAC-
TOR and ENGINEER. OWNER may. without cause and
without prejudice to any other right or remedy. elect to aban-
don the Work and terminate the Agreement. In such case.
CONTRACTOR shall be paid for all Work executed and any
expense sustained plus reasonable termination expenses. which
will include. but not be limited to. direct. indirect and con-
sequential costs (including. but not limited to. fees and charges
of engineers. architects. attorneys and other professionals
and court and arbitration costs).
Contractor May Stop Work or Tuminlll~:
15.5. If. through no act or fault of CONTRACTOR. the
Work is ~uspended for a period of more than ninety days by
OWN ER or under an order of court or other public authority.
or ENGINEER fails to act on any Application for Payment
within thirty days after it is submitted. or OWNER fails for
thirty days to pay CONTRACTOR any sum finally deter-
mined to be due. then CONTRACTOR may. upon seven
days' written notice to OWNER and ENGINEER. terminate
the 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 Appli-
cation for Payment or OWN ER has failed to make any pay-
ment as aforesaid. CONTRACTOR may upon seven days'
written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this
paragraph shall not relieve CONTRACTOR of the obligations
under paragraph 6.29 to carry on the Work in accordance
with the progress schedule and without delay during disputes
and disagreements with OWNER.
t
(The remainder of this page was left blank intentionally.]
t
30
ARTICLE I6-ARBJTRA nON
t
16.1. All claims. disputts and other mailers in question
between OWN ER and COSTRACTOR arising out of. or
relltinato the Contract Documents or the breach thereof
(e,ceptfor claims which ha\t been waived by the makina or
acceptance of final payment as provided by paragraph 14.16)
will be decided by arbitratIOn in accordance with the Con-
struction Industry Arbitration Rules of the American Arbi-
trarion Association then oblaining subject to the limitations
0( lhis Article 16. This agreement so to arbitrate and any
other a,Rement or consent to arbitrate entered into in accor-
dance herewith as provided in this Anicle 16 will be specifi-
cally enforceable under the prevailing law of any coun having
jurisdiction.
<<
16.2. No demand for arbitration of any claim. dispute or
other matter that is required to be referred to ENGINEER
initially for decision in accordance with paragraph 9.11 will
be made until the earlier ofCa) the date on which ENGINEER
has rendered a decision or Cb) the tenth day after the panics
have presented their evidence to ENGINEER if a written
decision has not been rendered by ENGINEER before that
dale. No demand for arbitration of any such claim. dispute
or other matter wiU be made later than thiny days after the
dale on which ENGINEER has rendered a written decision
in respect thereof in accordance with paragraph 9.11; and the
failure to demand arbitration within said thiny days' period
shall resuh in ENGINEER's decision being final and binding
upon OWNER and CONTRACTOR. If ENGINEER renders
a decision after arbitration proceedings have been initiated.
sucb decision may be entered as evidence but will not supersede
the arbitration proceedinas. except where the decision is
acceptable to the panics concerned. No demand for arbitra-
tion of any written decision of ENGINEER rendered in
accordance with paragraph 9.10 will be made later than ten
days after the pany makina such demand has delivered writ-
ten notice of intention to appeaJ as provided in paraaraph
9.10.
16.3. Notice of the demand for arbitration will be filed in
writina with the other pany 10 the Agreement and with the
American Arbitration Association. and a copy will be sent to
ENGIN EER for information. The demand for arbitration will
be made within the thiny-day or ten.day period specified in
paragraph 16.2 as applicable. and in all other cases within a
reasonable time after the claim. dispute or other matter in
que~tion has arisen. and in no event shall any such demand
be made after the date when institution of lepl or equitable
proceedings based on such claim. dispute or other mailer in
question would be barred by the applicable statute of limi.
tations.
16.4. No arbitration arisina out of or relating to the Con-
tract Documents shall include by consolidation. joinder or in
any other manner any other person or entity (including
ESGINEER. ENGINEER's agents. employees or consul.
tants) who is not a pany to this contract unles~:
16.4.1. the inclusion of such other person or entity is
necessary if complete relief is to be afforded among those
who are already parties to the arbitration.
16.4.2. such other person or entity is substantially
involved in a question of law or fact which is common to
those who arc already parties to the arbitration and which
will arise in such proceedings. and
16.4.3. the written consent ofthc other person or entity
sought to be included and of OWNER and CONTRAC-
TOR has been obtained for such inclusion. which consent
shall make specific reference to this paraaraph; but no
such consent shall constitute consent to arbitration of any
dispute not specifically described in such consent or to
arbitration with any party not specificaJly identified in such
consent.
16.5. The award rendered by the arbitrators will be final.
judgment may be entered upon it in any coon having juris-
diction thereof. and will not be subject to modification or
appeaJ except to the extent permitted by Sections 10 and I I
of the Federal Arbitration Act (9 V.S.C. 1110.11).
(The remainder of this paae was left blank intentionally.J
t
31
-...-"".~----.."",,,~,--...........-----_._--~..,..._--
~
ARTICLE I7-MISCELLANEOUS
Gilli", Notk,:
J 1.1. Whenever any provision of the Contract Docu-
ments requires the Jivila of wriuen notice. it will be deemed
to have been validly ai\'en if delivered in person to the indi.
vidual or to a member c# the firm or to an officer of the
corporation for whom it is tntended. or if delivered at or sent
by registered or cenifird l'Iail. postage prepaid. to the last
business address knoWllto the giver of the notice.
C ompulQ/ion 0/ T_:
17.2.1. When any period of time is referred to in the
Contract Documents by clays. it will 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 Itgal holiday by the law of the applicable
jurisdiction. such day will be omitted from the computa-
tion.
17.2.1. A calendar day of twenty-four hours measured
from midnight to the next midnight shall constitute a day.
G,,,,rGl:
17.3. Should OWNER or CONTRACTOR suffer injury
or damage to person or propcny because of any error. omis-
c
(
sion or act of the other pany or of any of the other pany's
employees or aaents or others for whose acts the other pany
is legally liable. claim will be made in wrilina to the other
pany within a reasonable time of the first observance of such
injury or damage. The provisions of this paragraph 17.3 shall
nOI be construed as a substitute for or a waiver of the pro-
visions of any applicable statute of limitations or repose.
17.4. The duties and obligations imposed by these Gen-
eral Conditions and the rights and remedies available here.
under to the panies hereto. and. in panicular but without
limitation. the Warranties. guarantees and obligations imposed
upon CONTRACTOR by paragraphs 6.30. 13.1. 13.12. 13.14.
14.3 and 15.2 and all of the rights and remedies available to
OWNER and ENGINEER thereunder. are in addition to.
and are not to 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 Laws or Regulations. by
special warranty or guarantee or by other provisions of the
Contract Documents. and the provisions of this paragraph
will be as effective as if repeated specifically in the Contract
Documents in connection with each panicular duty. obliga.
tion. right and remedy to which they apply. All representa-
tions. warranties and guarantees made in the Contract Doc-
uments will survive final payment and termination or com-
pletion of the Agreement.
33
OO\..udENT 00800,
SUPPLEMENTARY CONDITIONS,
These Supplementary Conditions amend or supplement the Standard
General Conditions of the Contract Documents. All provisions
which are not so amended or supplemented remain in full force and
effect.
SC-l DEFINITIONS.
SC-l.1
SC-l.2
The te~~s used in these Supplementa~ Conditions or
in the other Documents or Sections which are
defined in the standard General Conditions or
Sections have the meanings assigned to them in the
General Conditions except as modified as follows:
Contract Price - The moneys payable by OWNER
to COh~KACTOR under the Contract Documents as
stated in the Agreement. Initially determined
as the sum of the extension of the unit price
bid and the estimated quantity of Work, or the
total amount bid for Lump Sum bids.
ENGINEER - City of Prior Lake Engineering
Department, Prior Lake citf Hall, 4629 Dakota
Street S.E., Prior Lake, M1nnesota 55372.
Subcontractor An individual, firm, or
co~~oration having a direct contract with
CONTRACTOR or with any other Subcontractor for
the performance of a ~art of the Work whether
at or away from the s~te.
Successful Bidder The lowest qualified
responsible Bidder to whom OWNER gives Notice
of Award.
Whenever used in these Supplementary Conditions or
in the other Documents and Sections, the following
additional terms have the meanings indicated which
are applicable to both the singular and plural
thereof:
Access Road - That roadway included w thin the
construction limits for egress and ingress
from a public roadway to the construction
site.
Bidder An individual, partnership, or
corporation who submits a Bid for the Work to
be performed.
S.C.l
Easement - A right acquired to use or control
property for a designated purpose.
Item - A unit of Work for which a price is
provided in the Agreement.
Materials - Any substances specified for use
in the construction of the Project and its
appurtenances.
Proposal - The offer of a Bidder, on
prescribed Proposal Form, to perform the
and to furnish the labor and Materials at
prices quoted.
Proposal Form - The approved form on which the
contracting authority requires Bids to be
prepared and submitted for the Work.
the
Work
the
Right-of-way - The whole area which is secured
and reserved for highway purposes, railroad
purposes, or through which the improvement is
located.
Roadbed - Where curbs are constructed, that
area located between the curb lines. Where
curbs are not constructed, that area located
between the outside shoulder lines.
Roadway - The portion of a street within
limits of construction.
Special provisions - Specific clauses setting
forth conditions or re9Uirements peculiar to
the Project and cover1ng Work or Materials
which are not covered by the standard
Specifications. Also may be termed General
Requirements.
Standard Plates - Drawings which show standard
construction details which have been prepared
and/or approved by the ENGINEER and are
usually bound with the Specifications.
SC-4 AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;
POINTS
Physical ~onditions - Investiqations and Renorts:
REFERENCE
Reference Points:
SC-4.4
ENGINEER will provide engineering surveys when
necessary for the proper construction of trails
including alignment, grade, and other necessary
S.C.2
SC-4.5
points with proper notes thereon, accompanied when
necessary be detailed instructions. The CONTRACTOR
will be responsible for the preservation of all
survey stakes and marks, and if, in the opinion of
the EJlGlNEER, any of the survey stakes or marks
have been carelessly or willfully destroyed or
disturbed by the COh~AACTOR, the cost to the OWNER
for replacing them shall be deducted from the
payments due to the COh~.t\ACTOR for the Work.
Survey stake material shall be furnished by the
OWhJu<.
COh~~R shall provide ENGINEER sufficient notice
of need for construction stakes to allow ENGINEER
24 hours for scheduling surveys and sufficient time
to accomplish survey. COh~AACTOR shall provide a
clear line of site for staking as required and
shall immediately notify the ENGINEER if any points
or stakes set are not true to line or grade or if
the staking appears to deviate from the Drawings.
SC-5 BONDS AND INSURAHCE:
SC-5.1
Performance and Other Bonds:
CONTRACTOR'S Insurance:
Bond forms used shall meet statutory requirements.
SC-5.3
CONTRACTOR'S insurance required by ~aragraph 5.3 of
the General Conditions is listed ~n the Special
Provisions.
SC-6 CONTRACTOR'S RESPONSIBILITIES,
SC-6.3
Labor, Materials~ and Eaui..huent:
SC-6.4
Amend the first sentence of paragraph 6.3 of the
General Conditions to read as follows: "CONTRACTOR
shall provide competent, suitably qualified
personnel to perform construction as required by
the Contract Documents"; and as so amended,
paragraph 6.3 remains in effect.
OWNER will provide water for CO~~~CTOR'S use for
the Work from hydrants located within or
immediately adjacent to the present site.
CONTRACTOR shall provide all labor and equipment to
inco~rate the water in the Work and shall
coord~te the schedule and operation of the
hydrants with the utility superintendent.
S.C.3
Taxes:
SC-6.15
Delete ~araqraph 6.15 of the General Conditions in
its ent1rety and insert the fOllowing in its place:
CONTRACTOR shall pay all sales consumer, use and
other similar taxes, contributIons for unemployment
insurance, old age retirement benefits, life
pensions and annuities required to be paid by him
in accordance with the law of the place of the
Project.
Use of Premises:
SC-6.17
Add the following language at the end of the first
sentence of paragraph 6.17 of the General
Conditions:
He shall maintain the Work to allow
Utilization of the Project as required.
SC-9 ENGINEER'S STATUS DURING CONSTRUCTION
proiect ReDresentation:
SC-9.8
Partial
Resident Project Representative is ENGINEER'S
Agent, will act as directed by and under the
supervision of ENGINEER, and will confer with
ENGINEER regarding his actions. Resident Project
Representative's dealings in matters 7ertaining to
the on-site Work shall in general )e only with
ENGINEER and COh'J.'!<ACTOR, and dealings with
subcontractors shall only be through or with the
full knowledge of COh'J."KACTOR. Written
communication with OWNER will be only through or as
directed by ENGINEER. Resident Project
Representative duties and responsibilities will be
as follows:
SC-9.8.1. Review the progress schedule, schedule of
Shop Drawing submissions and schedule of
values prepared by CONTRACTOR and consult
with ENGINEER concerning their
acceptability.
SC-9.8.2. Attend preconstruct ion conferences.
Arrange a schedule of progress meetin~s
and other job conferences as required ~n
consultation with ENGINEER and notify
those expected to attend in advance.
Attend meetings, and maintain and
circulate copies of minutes thereof.
S.C.4
SC-9.8.3 Serve as ENGINEER'S liaison with
COh~KACTOR, workinq principally throuqh
CONTRACTOR'S superintendent and assist
him in understandinq the intent of the
Contract Documents. Assist ENGINEER in
servinq as OWNER'S liaison with
COh~KACTOR when COh~KACTOR'S operations
affect OWhAK'S on-site operations.
SC-9.8.4 As re9Uested by ENGINEER, assist in
obtain1ng from OWNER additional details
or information, when required at the job
site for proper execution of the Work.
SC-9.8.S Receive and record date of receipt of
Shop Draw i nqs and samples, receive
samples which are furnished at the site
by COh~~CTOR and notify ENGINEER of
their availabIlity for examination.
SC-9.8.6 Advise ENGINEER and COh~AACTOR or its
superintendent immediately of the
commencement of any Work requirin9 a Shop
Drawinq or sample submission 1f the
Submission has not been approved by
ENGINEER.
SC-9.8.7 Conduct on-site observations of the Work
in progress to assist ENGINEER in
determining if the Work is proceeding in
accordance with the Contract Documents
and that completed Work will conform to
the Contract Documents and approved Shop
Drawings and samples.
SC-9-8.8 Report to ENGINEER whenever he believes
that any Work is unsatisfactory, faulty
or defective or does not conform to the
Contract Documents, or does not meet the
requirements of any inspections, tests or
approval re9Uired to be made or has been
damaqed pr10r to final pa~ent; and
advise ENGINEER when he believes Work
should be co~~ected or rejected or should
be uncovered for observatIon, or requires
special testing, inspection or approval.
SC-9.8.9 Verify that tests, e9Uipment and systems
startups and operat~ng and maintenance
instructions are conducted as required by
the Contract Documents and in presence of
the required personnel, and that
COh'J:.KACTOR maintains adequate records
thereof; observe ( record, and report to
ENGINEER appropr~ate details relative to
the test procedures and startups.
S.c.S
SC-9.8.10 Accompany visiting inspectors
representing public or other agencies
having jurisdiction over the Project,
record the outcome of these inspections
and report to the ENGINEER.
SC-9.8.11 Transmit to CONTRACTOR ENGINEER'S
clarifications and interpretations of the
Contract Documents.
SC-9.8.12 Consider and evaluate CONTRACTOR'S
suggestions for modifications in Drawinqs
or Specifications and report them with
recommendations to ENGINEER.
SC-9.8.13 Maintain at the jOb site orderly files
for correspondence, reports of job
conferences, Shop Drawings and samples
submissions, reproductions of oriqinal
Contract Documents including all Addenda,
Change Orders, Field Orders, additional
Draw1nqs issued subsequent to the
execution of the contract, ENGINEER'S
clarifications and interpretations of the
Contract Documents, progress reports, and
other Project related documents.
SC-9.8.14 Keep a diary or log book, recording hours
on the jOb site, weather conditions, data
relative to questions of extras or
deductions, list of visiting officials
and representatives of Suppliers, daily
activities, decisions, observations in
general and specific observations in more
detail as in the case of observing test
procedures. Send copies to ENGINEER.
SC-9.8.15 Record names, addresses
numbers of all
Subcontractors and major
Materials and equipment.
SC-9.8.16 Measure and record quantities of Work
completed in accordance with the Units
and Method of Measurement specified in
the Contract Documents, or CONTRACTOR
breakdown in the case of lump sum bids.
and telephone
roNTAA~O~,
Suppliers of
SC-9.8.17 Furnish ENGINEER periodic reports as
required of pr~~ess of the Work and
COh~~CTOR'S compliance with the approved
progress schedule and schedule of Shop
Drawing Submissions.
S.C.6
SC-9.8.18 Consult with ENGINEER in advance of
scheduled major tests, inspections or
start of important phases of the Work.
SC-9.8.19 Report immediately to ENGINEER upon the
occurrence of any accident.
SC-9.8.20 Review applications for payment
COh~l\ACTOR for compliance with
established procedure for
submission and forward them
recommendations to ENGINEER,
particularly their relation to
schedule of values, Work completed
Materials and equipment delivered at
site but not incorporated in Work.
with
the
their
with
notinq
the
and
the
SC-9.8.21 During the course of the Work, verify
that certificates, maintenance and
operation manuals and other data required
to be assembled and furnished by
CO~TKACTOR are applicable to the Items
actually installed; and deliver this
material to ENGINEER for his review and
forwardinq to OWNER prior to final
acceptance of the Work.
SC-9.8.23 Conduct final inspection in the company
of ENGINEER, OWNER and CONTRACTOR and
prepare a final list of Items to be
completed or corrected.
SC-9.8.24 Verify that all Items on final list have
been completed or corrected and make
recommendations to ENGINEER concerning
acceptance.
SC-9.8.25 Except upon written instructions of
ENGINEER, Resident Project
Representatives:
A. Shall not authorize any deviation
from the Contract Documents or
approve any substitute Materials or
equipment.
B. Shall not exceed limitations on
ENGINEER'S authority as set forth in
the Contract Documents.
c.
Shall not undertake
responsibilities of
Subcontractors or
superintendent, or
Work.
any of the
CONTRACTOR,
COh'~'MCTOR' S
expedite the
S.C.7
D. Shall not advise on or issue
directions relative to any aspect of
the means, methods, techniques,
sequences or procedures of
construction unless such is
specifically called for in the
Contract Documents.
E. Shall not advise on or issue
directions as to safety precautions
and programs in connection with the
Work.
F. Shall not authorize OWNER to occupy
the Project in whole or in part.
G. Shall not participate in specialized
field or laboratory tests.
Decisions and Disaqreements:
SC-9.9 Quantity of Work which will be applied to the Unit
Price or lum~ sum bid to determine payment to the
CONTRACTOR w111 be determined by the ENGINEER.
SC-l1 CHANGE OF CONTRACT PRICE:
Delete paragraph 11.3 and subparagraphs 11.3.1,
11.3.3 of the General Conditions in its entirety
the following in its place:
11.3.2 and
and insert
SC-ll.3
The value of any Work covered by a Change Order or
of any claim for an increase or decrease in the
Contract Price shall be determined as follows:
SC-ll.3.1 Where the Work involved is covered by
Unit Prices contained in the Contract
Documents, by application of Unit Prices
bid to the actual quantities of the Items
involved. No adjustment in Unit Price
bid will be made for anf increase or
decrease in actual quant~ties of Work
from the estimated quantity contained in
the Contract Documents.
Where the Work involved is not covered by
unit prices in the Contract Documents, by
mutual acceptance of a lump sum or by
application of the provisions of
paragraphs 11.4, 11.5, and 11.6 of the
General Conditions.
S.C.8
se-13 WAR.RANTY AND GUARANTEE: T~STS MfD I~SPECTIONS: CORRECTION,
REMOVAL OR ACCEY~'AhC~ OF 1.JEFEl..'~'J.. v ~ ~u.td(:
Tests and Inspections:
SC-13.5 Organizations referred to in paragraph 13.5 of the
General Conditions shall also be acceptable to
ENGINEER.
SC-13.6 CONTRACTOR may cover utility line Work without
written concurrence of the ENGINEER unless the
ENGINEER directs in writing that the utility line
Work, or portion thereof, remain uncovered until
ENGINEER directs COh~~~CTOR to cover that Work.
SC-16 ARBITRATION:
Delete this Article in its entirety. No claims, disputes and
other matters in ~estion between OWh~~ and COh~AACTOR will
be decided by arb~tration.
S.C.9
SECTION 01010
SPECIAL PROVISIONS
1. SPECIFICATIONS WHICH APPLY. All Work under this contract
shall conform to the requirements of the General Conditions,
Supplementary Conditions, and the following Standard
Specifications:
A. Minnesota Department of Transportation (MnDOT) 1988
Standard Specifications for Highway Construction,
Divisions II and III, and the Sup~lemental
Specifications to the 1988 Standard Specificat10ns for
Construction, dated January 2, 1991, available in st.
Paul, Minnesota.
It is pointed out that the requirements of the Standard
Specifications pertain to all divisions of the Work.
These Special provisions shall modify, amplify, or void as
indicated in all of the above. In cases where the Standard
Specifications are in conflict with either the General
Conditions, Supplementary Conditions, or the Special Provisions,
the order of supersedence shall be Special Provisions,
Supplementary Conditions, General Conditions and Standard
Specifications. Paragraphs herein for Section 01010 are cross
referenced by corresponding number to the General Conditions and
the Su~plementa~ Conditions. Sections 01010 thru Sections 02950
inclus1ve, are included as a part of the Special Provisions.
2. GENERAL CONDITIONS: The following re9?irements are special
provisions regarding the General Cond1tions and Supplementary
Conditions of this contract.
SP-4 Availabilitv of Lands: Physical Conditions: Reference
Points
SP-4.1
Availabilitv of Land
Examination of Drawinqs! Specifications and site
of Work.
The OWNER will prepare the subgrade and place the
4" granular cushion for the concrete walk except in
driveway areas within the Base Bid area along
Franklin Trail. The City'S Park Maintenance crew
will begin preparing the walk area by June 22, 1992
and intends to have areas ready for concrete walk
by July 15, 1992 except for the bituminous driveway
areas which will be done by the CONTRACTOR. The
CONTRACTOR shall make a site inspection of the
existing conditions prior to bidding.
S.P.1
SP-4
The Alternate Bid site has not been prepared
concrete walk placement. This preparation
will not be done until authorized by the
Council at the July 6, 1992 Council Meeting.
Physical Conditions - Underqround Facilities,
Prosecution of Work near Public utility
Properties. It will be the CONTRACTOR'S
responsibility to contact and notify the City
of Prior Lake to obtain locations of any
existing water boxes, curb stops, manholes and
catch basins and any other structures, pi~es,
etc., above or below ground which m1ght
interfere with Work proposed in the contract.
CONTRACTOR shall have full responsibility in
the safety and ~rotection of Underground
Facilities as prov1ded in ~aragraph 6.20 of
the Standard General Condit1ons and repair any
damage resulting from the Work until the
ENGINEER has issued a notice of acceptance in
accordance with paragraph 14.13 of the
Standard General Conditions and Special
Provisions. It will also be the CONTRACTOR'S
responsibility to contact the gas, cable T.V.,
telephone and power companies, and obtain the
locations of all gas mains, house connections
and underground conduits. The existing
utility locations shown on the Drawings do not
guarantee the locations, existence, or
non-existence of these utilities. It is the
COh~AACTOR'S responsibility solely to obtain
all locations from the utility companies. It
shall be understood that no additional
compensation shall be due the CO~~~CTOR for
damage sustained by him due to any
interference from those utilities and
appurtenances or the operations of moving or
protecting them.
for
work
City
SP-4.3
SP-4.4
The CONTRACTOR shall cooperate fully with
utility companies in the event relocation or
new installation of utility facilities becomes
necessary on the Project or if the utility
company decides to install a new facility.
Reference Points
The ENGINEER will check the CONTRACTOR'S form
or stringline elevations for the concrete curb
and gutter and concrete walk prior to
S.P.2
sP-s
SP-5.3
SP.-5.3.1
SP-5.3.7
placement. The ENGINEER may adjust elevations
of the forms or stringline to best fit the
adjacent existing pavement or boulevard grade.
Adjustment of these elevations and any
associated Work with these adjustments shall
be done by the CO~~KACTOR at no additional
compensat1on.
Bonds and Insurance
CO~'.1'KACTOR'S Liability Insurance
The COh~KACTOR shall indemnify and hold
harmless the OWNER and the ENGINEER against
liability, claims and lawsuits of any kind,
arising directly or indirectly from any act of
the CONTRACTOR, its agents, Suppliers,
employees or Subcontractors in the course of
the Work.
The CONTRACTOR shall not commence Work under
this contract until he has obtained all
insurance required herein and such insurance
~as been approved by the OWNER. All such
1nsurance contracts shall be maintained
throu~hout the life of this contract and shall
be ev~denced by carrier's certificates filed
with the ENGINEER.
The CONTRACTOR shall not allow any
Subcontractor to commence Work on his
subcontract until such Subcontractor has
obtained satisfacto~ insurance coverage as to
compensation, publ1C liability, property
damage and automobile insurance.
Compensation Insurance., The CONTRACTOR
shall maintain such insurance as will protect
him from claims under workmen's compensation
acts, and from any other claims for dama~es
for personal injury, including death, wh~ch
may arise from operations under this contract,
whether such operations be by himself or by
any Subcontractor or anyone directly or
indirectly employed by either of them.
Automobile Insurance. The CONTRACTOR shall
take out and maintain during the life of the
contract, Comprehensive Automobile Public
Liability Insurance on all automotive
equipment owned, rented or borrowed by
S.P.3
SP-5.4
SP-5.4.1
CO~.1KACTOR or anI Subcontractor with respect
to the Work, n the minimum amount of
$500,000.00 for injuries including accidental
death to anyone person and $1,000,000.00 for
injuries includin~ death resulting from any
one accident. Th~s policy must also provide
$500,000.00 Property Damage coverage.
Contractural Liabilitv Insurance
Public Liability and Property Damaqe
Insurance. The CONTRACTOR shall take out and
maintain during the life of this contract such
Comprehensive Public Liability Insurance,
Property Damage Insurance and CO~~KACTOR'S
Contingent or Protective Insurance as shall
protect him and any Subcontractors performing
Work covered by th~s contract from claims for
damages for personal injury, including death,
as well as from claims for ~roperty damages
which may arise from operat~ons under this
contract, whether such operations are by
himself or by any Subcontractor or by anyone
directly or ~ndirectly employed by e1ther of
them, and the amounts of such insurance shall
be as follows:
Public Liability Insurance in an amount of not
less than $500,000.00 for injuries, including
accidental death of anyone person, and
subject to the same limits for each person, in
an amount of not less then $1,000,000,00 on
account of each occurrence, and Property
Damage Insurance in an amount of not less than
$500,000.00 for each occurrence and
$500,000.00 aggregate amount.
In addition, the CO~~KACTOR shall provide a
$2,000,000.00 umbrella clause.
OWNER'S Liabilitv Insurance
OWNER'S Protective Continqent Liabilit~
Insurance. The CONTRACTOR shall take out and
maintain during the life of the contract, in a
company or companies approved by the ENGINEER,
OWNER'S Protective contingent Liability
Insurance with the OWNER as named insured and
with the ENGINEER as an additional named
insured and in amounts as specified for
CONTRACTOR'S Liability Insurance for personal
injury, including death, and for property
damage which shall be provided and paid for by
SP-5.5
SP-5.5.1
S.P.4
SP-5.6
SP-5.6.1
SP-6
SP-6.11
SP-6.16
the CO~'.1'!<ACTOR.
to the OWNER
ENGINEER.
The policy shall be delivered
after its approval by the
Property Insurance
Fire Insurance and Extended Coveraqe. The
CONTRACTOR shall carry fire and extended
coverage insurance including also vandalism
and malicious coverage on the Work included in
this contract from the beginning of the Work
until final acceptance of the completed
Project. The policies shall cover all Work
incorporated in the Project and all Materials
for same on or about the premises. The
OWNER, ENGINEER, CO~'.1.ttACTOR and all
Subcontractors shall be named as co-insured as
their respective interests may appear. Use
the "Complete Value" form.
The fire insurance need not be furnished
provided the CONTRACTOR does not ask for
payments of Material stored on the site. If
the CONTRACTOR expects to receive payment for
Material stored on the site, then he must
carry fire insurance and extended coverage in
the amount of 60% of the contract in order
that insurance protection will be provided
against vandalism and malicious mischief.
CONTRACTOR'S Responsibilitie~
Testinq. All testing called for in
Specifications shall be paid for by the
except that retesting of original
failures to be paid by the CO~~ttACTOR.
Maintenance Durinq Construction. The
CONTRACTOR shall notify the property owner
before any driveway is blocked and provide
sufficient time to move their vehicles. No
driveway shall be blocked for more than 24
hours w~thout written authorization of the
ENGINEER.
the
OWNER
test
When workin~ in traffic areas, the Contractor
shall furn~sh and maintain the necessary
signs and barricades to control traffic during
construction of the Project. Traffic control
devices shall be in accordance with the
"Minnesota Manual on Uniform Traffic Control
Devices" and the "Minnesota Standard Signs
Manual".
S.P.5
SP-6.17
Use of Materials Found on the Work. The
City of Prior Lake retains ownership of all
Materials salvaged, removed, or excavated
under this contract. Excavated soils or
aggregates shall be used to their fullest
extent within the Project under this contract
as directed by the ENGINEER.
Safety and Protection.,
Protection and Restoration of Property. The
CONTRACTOR'S operations shall be conf1ned to
the areas covered in Right-of-way and
Easements granted to the OWNER. Any
procedures by the CONTRACTOR of any sort
beyond the limits indicated shall be the sole
responsibility of the CONTRACTOR who shall
save the OWNER harmless from any claim for
damages due to trespassing.
CONTRACTOR shall inspect the Project site
prior to performing the Work and notify the
ENGINEER in writing if there is any damage,
inju~, or loss to the City's Underground
Facil1ties, such as manholes catch basins,
gate valve boxes, curb stop boxes, hydrants
and existing sewer lines. Failure to report
deficiencies in writing, and have such
deficiencies acknowledged in writing by the
ENGINEER, will be cause for any required
repairs and/or cleaning to be charged to
COh".1"KACTOR.
SP-6.20
All ~roperty owners whose fences, mail boxes,
or s~milar private ~roperty extend in the area
where the construct~on Work occurs, shall be
notified one week in advance of the
commencement of the construction Work. The
notification shall be made by the OWNER. The
City will do the removal of fences, rocks,
mail boxes or other similar private property
within the construction Work area and will
reinstall as part of the restoration Work. If
the CONTRACTOR removes any the before
mentioned private property Items to facilitate
his Work, the CONTRACTOR shall replace the
Item at no additional compensation to the
OWNER.
S.P.6
the contract unless so
Proposal.
Trees and paved surfaces not designated by the
ENGINEER for removal shall be protected and
saved from damage during construction. Should
any damage happen to occur to the trunks and
branches of trees along the Project, the
damage shall be treated in accordance with
nursery-approved methods. Any broken branches
shall be trimmed as per ENGINEER'S direction.
All bruise and cut wounds shall be treated
with asphalt base tree paint.
allowed
in
the
SP-6.20
Sign relocation, fences, and mailboxes shall
be re-installed, if removed, to the similar
condition as exists. Any damage or breakage
to Items shall be replaced with new Materials
as is existing.
Restricted Use of the street bv Traffic.
The CONTRACTOR shall notify the City of Prior
Lake Police and Fire Departments prior to
commencing construction that will restrict
traffic on a traveled roadway and shall a~ain
notify upon reopening the roadway to traff~c.
Chanqe of Contract Price
SP-11
SP-11.4
Cost of the Work. Equipment costs for any
machinery or special equipment other than
small tools (but including fuel and
lubricants), the use of which has been
authorized by the ENGINEER as noted in the
Standard General Specifications, shall be paid
to the CO~~KACTOR based on the rental rates
established by MnDOT Commissioner in the
Equipment Rental Schedule as last issued and
currently in effect on the date the Change
Order is issued.
The rental rates will be paid for the actual
time the machinery and equipment are in
operation on the Change Order Work, plus
travel time or transportation allowances, but
to which sum no percentage will be added.
Travel time to and from the location of the
Change Order Work will be allowed at rental
rate when the equipment is moved under its own
power. When transportation from one site to
another is by other than its own power, the
actual operation time during periods of
S.P.7
loading and unloadinq will be allowed at
rental rates, and the actual transportation
costs will be added to the sum of the rental
costs.
SP-13
WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE:
WORK.
One Year Correction Period.
The one year warranty and guarantee period for
correcting Work on this Project shall be~in
one year after the date of Substant~al
Completion of the Work Items described to be
completed in the Bid Proposal.
Payments to CO~.1'MCTOR and Comoletion.
S.P.-13.12
SP-14
SP-14.2
Partial pah:ents. Payment e~al to 95%
value of t e Work completed w111 be on a
basis.
of the
monthly
Monthly estimates will be prepared on a basis of
Work performed through the end of each month.
Payment for that month's Work will be sent to the
CONTRACTOR approximately within 30 days after the
end of the preceding month.
Specified Completion Date., The Contract Time for
the completion of the Project Work shall be as
follows:
1. The com~letion date is August 15, 1992 for the
com~let~on of the Work in either the Base Bid
or ~n the Base Bid and Alternate Bid Items.
SP-14.11 Final Inspection. After the ENGINEER is notified
by the CONTRACTOR that the Work is ready for final
inspection, the ENGINEER and his assistants shall
inspect the Work and assemble a punch list stating
any needed corrections or additions which are
necessary to make the Work fully acceptable to the
OWNER. After notification by the COh~KACTOR that
all corrections or additions have been com~leted,
the ENGINEER and his assistants shall re-~nspect
the Work. If the re-inspection reveals that the
corrections or additions have not been made, or
additional inspections and assembly of punch lists,
the OWNER shall be entitled to recover as damages
and may deduct the unpaid part of the contract and
the cost of the ENGINEER and his assistants while
engaged in the additional inspections assembly of
punch lists.
SP-14.8
S.P.8
SP-14.13 Final Payment and Acceptance
SP-14.13.1Certificate of WithholdinQ state Income Tax.
Final payment shall not be made to the ~U~TRACTOR
until he furnishes a certificate showing that he
has complied with the provisions of M.S.A. 290.97
requiring withholding income tax wages at the
source. Said certificate shall be executed by the
Commissioner of Taxations. Forms for certification
maI be obtained by mailing to: Minnesota Tax Form,
Ma 1 station 7131, st. Paul, MN 55145-7131 or by
calling (612) 296-3781 in the Twin Cities, or
outside the Twin cities call toll free
1-800-652-9094.
SP-14.13.2Liens. Neither the final payment nor any part of
the retained percentage shall become due until the
CO~~AACTOR shall deliver to the OWNER a complete
release of all liens arising out of this contract,
or receipt in lieu thereof; and, in either case,
and affidavit that so far as he has knowledge or
information, the release and receipts include all
of the labor and Materials for which a lien can be
filed. The CONTRACTOR may, if any Subcontractor
refuses to furnish a release or receipt in full,
furnish a Bond satisfactory to the OWNER to
indemnity the OWNER against any claim by lien or
otherwise. If any lien and/or claim remains
unsatisfied after all payments are made, the
CONTRACTOR shall refund to the OWNER all moneys
that the latter may be compelled to ~ay ~n
discharging such lien and/or claim includ1ng all
costs and attorney's fees.
SP-14.13.3Bondinq Company Consent Letter. Final acceptance
will not be made until the CONTRACTOR furnishes a
consent letter from the Bonding Company for final
payment for the Work.
SP-14.15 COh.1KAL~uK'S Continuinq Obliqations.
SP-14.15.1Extension of Time and Failure to Comolete on Time.
Any and all extensions of time shall be in
accordance with Article 12 of the General
Conditions.
Failure to substantially complete the Work within
the time period spec~fied, or as extended in
accordance with this ArtiCle, will result in the
deduction from the monies due the CONTRACTOR the
sum as indicated in the following table for each
calendar day which elapses between the end of the
allowable construction period, if and as extended,
and the date of certified completion by the
S.P.9
ENGINEER. Such sum is mutually agreed upon as
liquidated damages and is not to be construed as a
penalty. The basis for a Certification of
Substantial Completion shall be as outlined in
Paragraph 14.8 of the General Conditions.
Schedule of Liquidated Damages
Original Contract Amount
From More Than To and Including 'Calendar Day
$
$
$
$
$
o
50,000
100,000
500,000
1,000,000
$
$
$
$
$
50,000
100,000
500,000
1,000,000
2,000,000
$150
$250
$400
$600
$900
END OF SECTION
SECTION 01011
LOCATION AND DESCRIPTION OF THE WORK
1. THE GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS AND SPECIAL
PROVISIONS apply to 'this and every section of the'
Specifications.
2. SCOPE. Under this section of the Specifications the Work
contemplated consists of furnishing all labor, Materials,
skills and facilities required to:
BASE BID WORK
A. Construct concrete walk on granular sand cushion.
Install concrete walk along Franklin Trail from T.H. 13
to CSAH 44. Construct walk after shaping and compacting
the granular cushion previously placed by the City's
Parks Maintenance Department. Other work 1tems includes
removal and placement of concrete curb and qutter for
handicap pedestrian ramps, driveway pavement removal for
concrete walk placement.
ALTERNATE BID WORK
B. Install concrete walk along Franklin Trail from CSAH 44
to T.H. 13. Construct walk after shaping and compacting
the granular cushion previously rough graded by the
City's Parks Maintenance Department. Other Work Items
include the concrete curb and gutter removal and
placement for handicap pedestrian ramps.
S.P.10
The work is located within the corporate limits of Prior
Lake, llinnesota.
The project area is primarily along Franklin Trail from T.H.
13 to T.H. 13. The base bid for this project is for the
construction of the concrete walk along Franklin Trail from
T.H. 13 (south intersection) to CSAH 44. The Alternate Bid
is for the construction of concrete walk along Franklin Trail
from CSAH 44 to T.H. 13 (north intersection). The Base Bid
project area consists of approximately 21.750 square feet of
4" Concrete Walk, 2.100 square feet of 6" Concrete Walk, 520
lineal feet of B618 Concrete CUrb and Gutter removal and
placeaent. The Alternate Bid consists of approximately
4.770 square feet of 4" Concrete Walk, 80 lineal feet of B618
Concrete CUrb and Gutter removal and placement.
The City of Prior Lake Parks Department will grade the area
and place the granular cushion for walk along Franklin Trail
except for in the driveways. Final grading and compaction of
the granular cushion shall be done by the Contractor and is
to be included as ~art of the concrete walk price. All
restoration work w~ll be done by the City.
Closing of a street or a portion of it will require ENGINEER'S
approval and shall be properly signed and barricaded per
MnDOT Uniform Traffic Control Manual Standards prior to
closing_ The CO~~KACTOR will notify the ENGINEER at least
one week in advance prior to any closing. Emergency vehicle
access must be maintained at all times on City streets.
COh~~~CTOR must maintain driveway access to resident and
commercial entrances during the Project except for the
curing period of the concrete sidewalk through the driveway.
Franklin Trail is currently a County Highway and closing of
the roadway must have County approval as well.
END OF SECTION
SECTION 01025
MEASUREMENT AND PAYMENT,
1. THE GENERAL CONDITIONS. SUPPLEMENTARY CONDITIONS AND SPECIAL
PROVISIONS apply to' this and every section of the
Specifications.
2. SCOPE. This section covers method of measurement and
payment for the Items of Work under this contract.
3. GENERAL. The Bid Proposal shall cover all Work shown on the
contract Drawings and/or required by the Specifications. All
costs in connection with the Work including furnishing of all
Materials, providing all construction plan and equipment, and
performing all necessary labor, coordination, supervision,
and ~nagement to fully complete the Work; shall be included
in the unit or lump sum prices quoted in the Bid Proposal.
S.P.l1
All Work not specifically set forth as a pay Item in the Bid
Proposal shall be considered a subsidiary obligation of the
CO~'.1'MCTOR and all costs in connection therewith shall be
included in the amounts and prices submitted in the Bid
Proposal.
4. METHOD OF MEbu!\EMENT FOR PAYMENT. The following methods
of measurement for payment will' be used to derive the
quantities installed:
A. WALK CONSTRUCTION
1. Remove Concrete CUrb and Gutter: Payment shall
be measured by the lineal foot and paid at the
price quoted in the Bid Proposal.
2. Remove Bituminous Pavement and Excavate Area for
Concrete Walk: Pa~ent shall be measured by the
square yard and pa1d at the price quoted in the Bid
Proposal. Includes the removal and disposal of
driveway pavement and excavation of Material to
place the 6" concrete sidewalk and if necessary,
the 4" granular cushion as determined by the
ENGINEER.
3.
Remove Concrete Sidewalk: Payment shall
measured by the square 'foot area removed
disposed of and paid at the unit price quoted
the Bid Proposal.
be
and
in
Saw Existinq Bituminous Pavement: Payment
be measured by the linear foot horizontally
paid at the price quoted in the Bid Proposal.
5. 4" Concrete Walk: Walks will be measured per
square foot, and paid at price quoted in the Bid
Proposal. Includes final shaping and compacting of
granular cushion and pedestrian ramps.
4.
will
and
6. 6" Concrete Walk: Walks will be measured ~er
square foot, comptete in place, and paid at pr~ce
quoted in the Bid Proposal.
7. Granular Borrow: Granular cushion for concrete
walk through driveways when suitable granular
Material does not exist in the driveway pavement
subgrade will be measured by the TON and paid at
the price quoted in the Bid Proposal. The price
quoted shall include loading, hauling, placing, and
compacting. Disposal of surplus or waste Materials
to be included in unit price of the Remove
Bituminous Pavement and Excavate Area Item.
Granular Borrow shall meet the requirements of
MnDOT 3149.
S.P.12
8. Bituminous Patchinq: Shall be used between the
existinq pavement and pro~osed concrete driveway
walk along Franklin Tra1l. Bituminous mixture
shall be MnDOT 2331 ~e 41B and payment will be
measured by the ton including bitum1nous material
and paid at the price quoted in the Bid Proposal.
9. Concrete CUrb & Gutter: CUrb and gutter will be
measured per lineal foot and paid at the price
quoted in the Bid Proposal.
SECTION 02104 - REMOVING MISCELLANEOUS STRUCTURES
PART 1 - GENERAL
1.01 THE GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS AND
SPECIAL PROVISIONS apply to this and every section of
the Specifications.
1.02 SCOPE. The provisions of MnDOT 2104 shall
except as modified below:
apply
1.03 MEASUREMENT AND PAYMENT., Payment for
shall be made only as shown in the Bid
Section 01025, Measurement and Payment.
removal Items
Proposal and
PART 3 - EXECUTION
Limits of all removal operations shall be determined by the
ENGINEER in the field. No removal operations shall begin
until permission of the ENGINEER is obtained.
All concrete, bituminous, rock, metal, culverts, combustible
Material or debris removed or excavated during construction,
unless salvaged for reuse as determined b~ the ENGINEER on
the Project, shall be hauled from the ProJect and disposed of
outside of City limits by the CONTRACTOR.
Any sawcutting necessary for the removal of concrete curb and
gutter and concrete sidewalk shall be incidental to the bid
price of the removal of each Item.
Removal of driveway shall include the excavating and removing
of Material in order to construct the 6" concrete walk on 4"
of granular Material. If ~ranular Material exists in the
subgrade area, the excavat~on depth can be limited to the 6"
concrete walk placement as directed by the Engineer.
END OF SECTION
S.P.13
SECTION 02331 - PLANT MIXED BITUMINOUS PAVEMENT
PART 1 - GENERAL
1.01 THE GENERAL CONDITIONS.. SUPPLEMENTARY CONDITIONS AND
SPECIAL PROVISIONS apply to this and every section of
the Specifications.
1.02 SCOPE. This section of the Specifications shall be as
per the MnDOT Supplemental Specifications to the 1988
Standard Specifications for Construction dated January
2, 1991 for 2331 Plant Mixed Bituminous Pavement, except
as modified herein:
1.03 MEASUREMENT AND PAYMENT.
Measurement and Payment.
Refer to Section
01025,
PART 2 - PRODUCTS
2.01 Aggregate Materials shall be as per MnDOT 3139 in the
Supplementary Specifications.
2.02 Bituminous Material shall be an asphalt cement with an
85-100 penetration range.
2.03 The bituminous course mixture for bituminous driveways
shall be MnDOT 2331 Type 41A Wearing Course Mixture.
PART 3 - EXECUTION
3.01 The bituminous mix may be designed using either MnDOT
2331.3E2A or CONTRACTOR 2331.3E2B trial mix desiqns.
The proposed Job Mix Formula for each type of bituminous
mixture specified shall be MnDOT approved prior to
placement of mixture and shall be submitted to the
ENGINEER, five working days prior to placement for
approval.
Mixture evaluation will be based on the trial mix tests
and the corresponding requirements listed in Table
2331-1 in the Supplemental Specifications.
3.02 COMPACTION REQUIREMENTS
If the compaction shall be obtained by the Ordinary
Compaction Method, the minimum laydown tem~erature (as
measured behind the paver or spreading mach1ne) of the
bituminous mixture shall be in accordance with the
temperature requirements specified herein:
S.P.14
Air Compacted Mat Thickness Inches (1)
Temp. F. 1 1 1/2 2 2 plus
+32 - 40 265 (2) 265 250
+41 - 50 270 (2) 260 250 245
+51 - 60 260 (2) 255 245 240
+61 - 70 250 (2) 245 240 235
+71 - 80 245 240 235 235
+81 - 90 235 230 230 230
+91 230 230 230 225
Based on approved or specified compacted lift
thickness.
1.
2. A minimum of (1) pneumatic tired roller shall be used
for intermediate rolling, unless otherwise directed by
the Engineer.
The Engineer may modify (in writing) the minimum
laydown temperature and specify additional rollers or
roller type when in his o~~nion, weather, roadbed,
placement, mixture and/or equ1pment conditions warrant
change.
The bituminous mixture shall be placed on the compacted
existing granular material so as to give the required
three (3) inches of driveway pavement thickness.
Compaction shall be the Ordinary Compaction Method where
each course is uniformly com~acted until there is no
further evidence of consolat~on and all roller marks are
eli.inated and as deemed satisfactory by the ENGINEER.
3.03 THICKNESS AND SURFACE REQUIREMENTS,
Thickness and surface requirements shall be as MnDOT
2331.3J and in particular after compaction, the finished
surface of the driveway patch shall be reasonably free
of open and torn sections.
3.04 CON.:tJ.AUCTION JOINTS
Joints shall be thoroughly compacted producing a neat,
tightly bonded joint meet1ng surface tolerances as per
MnDOT 233l.3K. Abutting bituminous and concrete
surfaces shall be tack coated before placement of the
driveway mixture.
END OF SECTION
SECTION 02357 - BITUMINOUS TACK COAT
PART 1 - GE~r.:dL
1.01 THE GENERAL CONDITIONS. SUPPLEMENTARY CONDITION AND
SPECIAL PROVISIONS apply' to this and every section of'
the Specifications.
S.P.15
1.02 SCOPE. This section of the Specifications shall be as
per MnDOT Specification 2357 except as modified herein:
1.03 MEASUREMENT AIID PAYMENT. Bituminous Tack Coat shall be
considered 1ncidental to the Project.
PART 3 - EXECU~~OH
3. 01 CONSTRUCTION. Bituminous Material for tack
be CSS-IH E.nlsified Asphalt. Tack coat
a~plied to edges of bituminous pavement
s~dewalk through driveways.
3.02 Application rate of tack coat shall be as specified in
MnDOT 2357.
coat shall
shall be
and concrete
END OF SECTION
SECTION 02521 - WALKS
PART 1 - GENERAL
1.01 THE GEh~~L CONDITIONS, SUPPLEMENTARY CONDITIONS AND
SPECIAL 'PROVISIONS, apply to th1s and every section to the
Specifications.
1.02 SCOPE. This Work shall consist of concrete walk
construction as ~er the Drawings and Standard Plates and
per MnDOT Specif~cation 2521 except as modified herein:
1.03 MEASUREMENT ARD PAYMENT:
Measurement and Payment.
Refer to Section
01025,
PART 2 - PRODUCTS
2.01 The 4W Granular Material shall meet the gradation of
3149 Granular Borrow. Granular Material shall be paid
for as Granular Borrow when the cOh~~CTOR hauls and
places the Ma~erial for concrete walk construction.
PART 3 - EXECU.t~ON
3.01 Concrete walk shall have contraction joints at even
intervals so the panels are square and do not exceed 36
square feet of area. Expansion joints shall be placed
at 60' maxima. intervals and abutting all permanent
structures.
3.02 Where walks are constructed across in place bituminous
driveways, the pavement shall be sawcut and bituminous
driveway pavement area removed as necessary to construct
the concrete walk. In cases where the driveway pavement
S.P.16
cannot be sawed which will produce a clean edge to be
used as a form, the CONTRACTOR will remove an additional
one foot of pavement from the edge of concrete walk to
place his forms as determined by the ENGINEER.
Additional driveway pavement removal may be necessary to
properly match the existing grade of some driveways as
determined by the ENGINEER.
3.03 Pedestrian curb ramp shall be installed at locations on
Drawin~s per MnDOT standard Plate 7036C and paid per
unit b~d price concrete walk.
3.04 The OWNER intends to grade the subgrade and place the
4" of ~ranular cushion for the concrete walk except in
the dr~veway areas. The CONTRACTOR shall do the final
shaping and compacting of the sand cushion prior to
concrete placement. If the CONTRACTOR feels insufficient
granular Material has been placed by the City, the
CO~'.1'MCTOR shall notify the ENGINEER immediately and
additional granular Material will be sup~lied by the
City. Cost of final shaping and compact1on shall be
included in the bid price of 4" concrete walk.
The CONTRACTOR shall notify the property owner and/or
residents twenty-four hours in advance when the removal
of the driveway pavement for sidewalk placement will be
done. Placement of the 6" concrete sidewalk through the
driveways shall be placed the same day as the removal of
bituminous driveway pavement is done. The CONTRACTOR
shall provide access to residents' driveways after the
three day curing period of the concrete s1dewalk. The
driveways which required bituminous patching shall be
done within three (3) working days after the curing
period of the concrete walk with the CONTRACTOR to
protect the ed~es of the bituminous driveway pavement
and concrete s~dewalk by ramping existing aggregate base
Material from the site until the bituminous driveway
patching work is done.
Where two separate accesses exist to serve a parcel, the
CONTRACTOR shall remove the existing bituminous driveway
and place the concrete sidewalk at different times so as
to provide access at all times to the property.
END OF SECTION
SECTION 02531 - CONCRETE CURBING
PART 1 - GENERAL
1.01 THE GENERAL CONDITIONS! SUPPLEMENTARY CONDITIONS, AND
SPECIAL PROVISION~ apply to this and every section of
the Specifications.
S.P.17
1.02 SCOPE. This Work shall consist of constructing
cast-in-place concrete curb and vutter, and driveway
pavement as per MnDOT Specificat1on, 2531 except as
modified hereon:
1.03 MEASUREMENT AND PAYMENT.
Measurement and Payment.
Refer to
Section
01025
PART 3 - EXECUTION
3.01 CONCRETE CURB AND GUTTER. Expansion joints shall be
installed at 60' maximum 'intervals. Contraction joints
shall be cut a minimum of 3" from all exposed surface.
Construction joints for curb and gutter will not require
sealing. Concrete curb and gutter at pedestrian curb
ramp shall be constructed per MnDOT Standard Plate No.
7036C with cost incidental to bid price of concrete curb
and gutter. At pedestrian ramps, the concrete curb and
gutter shall have no lip at the gutter line as per the
Standard MnDOT detail plate.
SECTION 02950 - MISCELLANEOUS CONSTRUCTION ITEMS
PART 1 - GENERAL
1.01 THE GENERAL CONDITIONS ,f SUPPLEMENTARY CONDITIONS, AND
SPECIAL PROVISION~ apply to this and every section of
the Specifications.
1.02 SCOPE. Under this section of the S~ecifications shall
be included miscellaneous construct~on Items for the
completion of this Project.
1.03 BASIS OF PAYMENT. Refer
Measurement and Payment.
to
Section
01025,
PART 3 - EXECUTION
3.01 CUrb boxes within the Project Area will be
be flush with the final grade by the City'S
Department. The CONTRACTOR shall protect
during the remainder of the project.
adjusted to
Maintenance
curb boxes
S.P.18
- ... - -
.1
.1
_I
_J
..J
EXISTING 8618 VAR\ES-
~
CONCRE TE CUR8 \}AR\E S - , '..'" ".. : ~,.,
AND GUTTER '" 0/0 GRAD; 'II' >>",>>'W >>C"'~ ~. .f! :J:"4;: ~..
it:~" JJo ". .. "" ..' .,o.~' ~:-.~" ..' "
.,,: ~.:. -..,... .
i;'
\...~.,~
.., , 'l
..!:l.' t( '.?
!
5,-J
-EXISTING
I RIGHT OF
I WAY LINE
(:-\ ' M\N
WALK MN DOT SPEC" 2521
4" GRANULAR MATERIAL
APPROVED:
1/ I /92
CONCRETE
SIDEWALK
DETA IL
CITY OF PRIOR LAKE
ENGINI:.t'.RlNG DEPt
@ STANDARD PLATE
NUMBER WI
A,
4' O. ..
,.
'\
@)
~-cD
.
'"
3' O. "in.
A.J
PLAN VIEW OF RAMP
Round III sloped
Intersections \
Approx. to: 1
r Slope
,o:...~.
. .. .. " .
51 O.
3' O. 'Un.
..
..
13' O.
...,,4
I
'. .,.. '...'.. ,. " .. '0 : :-. ~
. .. '" .: '.. . . '. : '. . . .
. . ..0. .
. . . " . . . .,. '..
.: :, .:. .......... ~ . '. '. .' . ..: ,0".,.. .
,
5' O.
- J
... .
ELEVAT ION OF RAMP
.. 5' 4:@ ..
~:::: :~ fiutter \ ,,- - -,- - - - - - -r-n-attir- - - -= ~.-~..,. ':'.'1
' I 4- ,./ft. 0 _ " ... . .. . '
I I _. . -,. .. '. ~
"-- . ..~ ,
. .-. . :.~. p.', . . . ..... . . . .
r' ·
II)T[: SECTION A-A
The curb Ind curb trlftSltlon on the ramp will be plld for IS line.r feet of concrete curb or concrete curb Ind gutter.
The r.-p lrea will be Plid for IS sQu.re feet of concrete w.lk. Surf.ce tre.tment will be considered lncidentll.
(j) Surf.c. T~ltIent A - The concrete aix for Surf.ce Trel~nt A only, shall confora to .ix 3A37EX. l-.ediately
after concrete ,Iacement and finishing. Ind Ifter contrlction joints Ire fOrMed, In IPProved surface retarder
shill be _l1ed to the arel required to be expos.d. After adequate cure with 3752 Waterproof Curing Paper or
3756 Plastic Curing Blankets, the surflCI shall be lightly rinsed to wash aortar Ind expose the Iggregate.
Surfece rrut.-nt I - In l1.u of the above Treatment A, the contractor at his option after no"",l concrete
finishing shill (OIII)lltely talbed aggregate IIHtang the rtqui reflltnts of Spec. 3137 CA-70 lIOdi fi.d to 1001 of the
..terill 1/~ to 3/8- in size. In the green concrete. The surface should then be finished Iglln and an approved
surface retarder Shall then be applied to the area required to be exposed. After IdeQuate cure with 3752 Water-
proof Curing Paper or 3756 Plastic Curing Blankets the surface shall be lightly rinsed to wash aortar off and
.xpose the Iggregate.
o '.rl.s .IU. curb height.
Concrete Wllk
. '"
,
#
AP'''OVID !!!J;.!.2.! ~~~.
~/L~
DIRIaGa
oma OF lICHNICAL IUflIIORT
Example shown is for 68 curb height.
STATE OF MINNESOTA
DEPARTMENT OF TRANSPORT ATION
PEDESTRIAN CURB RAMP
FOR THE HANDICAPPED
STAHOAIO
'LATE
NO.
SPICIFlCA TIOff
RI'ERINCE
2521
2531
7036 D
~""_~O'~"'_'_"""'~_'~'__""'''''' _,....,.,_..._,.".._.....__.._~.~.~
---
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N ....n DIIIIS..S
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\1.) ",n
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n-4
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00 4 ......
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-wi 0
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n
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~c
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It
i.~
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enD
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-
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..
1-1/2" R.
(U.. 1 .. R. for 4 II curb)
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m
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DESlCNV
REVERSE SLOPE GUTTER SECTION SECTION WHEN ADJACENT TO BASE
(F.- IIIIY be t.ted) DESIGN,
A" CUlt>> ...... ...~ aN ..
relation to adjacent .,u.er ......
<D L2KT or L2KTB joint when ad.cent. to ,tgit pav't. or R....
See Std. Plates 1140 & 1141 for ke~y and Joint.
w · U- I W · 1'- I. w · 24- I . · U. 1 . . J6-
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BID TABULATION
FOR
PRIOR LAKE PARKS TRAIL SYSTEM - PHASE II
FRANKLIN TRAIL CONCRETE WALK, CONCRETE CURB AND GUTTER
AND APPURTENANT WORK
FOR THE
CITY OF PRIOR LAKE, MINNESOTA
PROJECT NO. 92-11
BIDS OPENED: JULY 1, 1992, 10:00 A.M.
CONTRACTOR
BID
BOND
TOTAL
BASE BID
TOTAL BID
BASE & ALT.
1. Ct.TRB MASTERS, INC. X 51,856.00 60,,067.90
2. VIC CARLSON & SONS" INC.
3. GARVEY CONSTR INC X 72,720.00 85,,445.00
4. GRALEY CONCRETE
5. KNISH CONST CO INC
6. MN STATE CURB & GUTTER X 57,,965.70 66,978.70
7. RYAN CONTRACTING INC X 47,,999.00 56,,234.00
8. WEST STAR CURB & CONCRETE X 47,,377.00 54,,491.80 **
9. ADVANCED CONCRETE, INC X 61,,937.50 71,,643.50
10.
*DENOTES CORRECTED FIGURE
I hereby certify that this is a true
and correct tabulation of the bids
as received on Julv 1, 1992
BY: 17~~J
..-
OLD REPUBLIC SURETY COMPANY
BID BOND
The American Institute of Architects,
AlA Document No. A310 (February, 1970 Edition)
KNOW ALL MEN By THESE PRESENTS, that we Weststar Curb and Concrete, Inc.
Watkins, Mn.
as Principal, hereinafter called the Principal, and Old Republic Surety Company
as Surety, hereinafter called the Surety, are held and firmly bound unto
City of Prior Lake
Prior Lake, Mn.
as Obligee, hereinafter called the Obligee, in the sum of
Five Percent of the amount of the bid
Dollars ($ 5% of bid ),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs,
executors, administrators, successors and assigns, jointly and severally, firmly by these presents.
WHEREAS, the Principal has submitted a bid for Phase II - Franklin Trail Sidewalk
Now, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with
the Obligee in accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding
or Contract Documents with good and sufficient surety for the faithful performance of such Contract and for the prompt
payment of labor and material furnished in the prosecution thereof, or in the event of the failure of the Principal to enter
such Contract and give such bond or bonds, if the Principal shall pay to the Obligee the difference not to exceed the pen-
alty hereof between the amount specified in said bid and such larger amount for which the Obligee may in good faith
contract with another party to perform the Work covered by said bid, then this obligation shall be null and void, otherwise
to remain in full force and effect.
Signed and sealed this
1st
day of
July
19 92
~
J~
(SEAL)
WITNESS
Weststar Curb and Concrete,
~ BY:~ A;:~
TITLE
Inc.
~-~
~ ~~,~
OLD REPUBLIC SURETY COMPANY
, By:
SUAETY . (SEAL)
~~U' L ~
- / ATTORNEL'Q.
OAse 21328 (5-90)
-,,~~m''''c':.c~
-- -=-:-~.:~::_~- - - .. --- - -.. - --- =- ""--'-="'~'='="",---" =_-___~_________.-_'?'"T~.~~ .~...:"""~.. " _::. .~.'~~ ._=~~'__.:-
- . -- ..- ------------ -- -- -- -- -- -- ~-- ------- ----- - -
DOCUMENT 00500
AGREEMENT
THIS AGREEMENT, made as of the 6th day of Julv
1992, by and between a West star Curb & Concrete * Inc.
(name of contractor,' i.e., name
of corporation, partnership,' all contracting individuals and
their business name), a Minnesota Corporation (name of
state where incorporated or formed and whether a corporation,
Minnesota general partnership, etc.), hereinafter called the
"Contractor", and the City of Prior Lake, a Minnesota municipal
corporation (hereinafter called the "Owner" and sometimes
referred to as the "City").
RECITALS
WHEREAS, Contractor has been selected by the Owner in
accordance with Minnesota law to provide materials, equipment and
labor necessary for construction and completion of certain
improvements as set forth herein, and
WHEREAS, Contractor has agreed to perform its obligations,
covenants and undertakings as contained herein in consideration
for payment as contained herein,
NOW, THEREFORE, in consideration of the mutual promises,
covenants and conditions as hereinafter set forth, the parties
agree as follows:
1. The Contractor agrees to provide all the materials,
equipment and labor necessary for the complete construction of
all the improvements, work and/or obligations of Contractor
(hereinafter referred to as "Work") as required by the drawings,
specifications, exhibits, conditions, covenants and agreements as
contained in the documents prepared by City of Prior Lake
for Project 92-11, collectively referred to as "Contract
Documents", and to do everything required by the Contract
Documents previously furnished to the Contractor by the Owner and
receipted for by the Contractor.
2. The Contractor agrees that the Work contemplated by the
Contract Documents shall be entirely completed on or before
Auqust 15 , 1992 .
3. The Owner agrees to pay Contractor in current funds for
the performance of its obligations pursuant to the Contract
Documents the sum of fifty-four thousand * four-hundred *
ninety-one and 80/100 Dollars ($ 54*491.80 ), sub~ect to the
additlons and deductions as provided for in the speclfications to
the Contract Documents and to make payments on account of the
~<"'-"'-.--".'~'"'''''''-''''''''''_'''''''_,""""~""~__,,,,,,,,,,,,,, "''''""''''<M'_'''__'_',_""__,_,,_",,-,__-=,,,,-,-,,_,~~~,_~___~,_
. ,
Contract Documents as provided for in said specifications, except
as hereinafter stated:
The contract sum is for the Base Bid and Alternate Bid Items.
4. The Contractor and the Owner agree that the Contract
Documents, including but not limited to the specifications,
drawings, standard general conditions, instructions to bidder,
supplementary condltions, special provisions, standard utility
specifications, if any, and Contractor bids, and such other
~rovisions as contained in the Contract Documents, are
lncorporated herein by reference and are a part of this Agreement
as if attached or re~eated herein. with respect to the drawings
and specifications WhlCh are part of the Contract Documents, the
Contractor and Owner agree that the following shall constitute a
complete list of said drawings and specifications:
Specifications: proiect 92-11 Specifications - all as
contained in the Contract Documents.
Drawings: proiect 92-ll~ Plan Sheets 1 thru 7 - all as
contained in the Contract Documents.
5. Prior to execution of this Agreement, the Contractor
shall furnish to the Owner for review by the City Engineer and/or
City Attorney all bid bonds, performance bonds, letters of credit,
insurance certificates, evidence of insurance in final form, as
required by the Contract Documents. In addition, prior to
execution of this Agreement, the Contractor, if a partnership or
corporation, shall furnish to the City Engineer and/or City
Attorney such resolutions, opinions of counsel, or evidence of
authority required to ensure that the Contractor, upon its
execution of this Agreement, shall be fully bound by its terms.
6. Contractor Representations. Contractor represents and
warrants that neither the execution and delivery of this
Agreement, consummation of the transactions contemplated hereby,
nor the fulfillment of or a compliance with the terms and
conditions of this Agreement is prevented or limited by, or in
conflict with or will result in breach of, the terms, conditions
or provisions of any restriction of Contractor, or evidence of
indebtedness, agreement or instrument of whatever nature to which
Contractor is now party or by which it is bound or will
constitute a default under any of the foregoing. Contractor
further represents and warrants that Contractor will cooperate
with the Owner with respect to any litigation commenced with
respect to the Work contemplated herein. Contractor represents
and warrants that the Work will conform to all laws, regulations
and ordinances of all local, state and federal government
authorities.
7. Non-Discrimination. The provisions of Minnesota
statutes, Section 181.59, and of Chapter 11, Title 1, of Prior
Lake City Code, which relate to civil rights and discrimination
and affirmative action shall be considered a part of this
Agreement as though wholly set forth herein, and Contractor
agrees to comply therewith. In addition, Contractor specifically
agrees:
a.
That with
conducted
A9'reement,
wJ.thin the
subject to
respect to any and all
or acts performed pursuant
Contractor shall be deemed an
meaning of Chapter 11 and
the provisions of Chapter 11.
businesses
to this
employer
shall be
b. That in the event Contractor fails to perform the
aforesaid contractual provisions of Chapter 11,
this Agreement may forthwith be terminated and
cancelled in whole or in part by Owner and
Contractor shall be liable for any costs or expense
incurred by Owner in obtaining from other sources
the Work and services to be rendered or ~erformed
or the goods or properties to be furn1shed or
delivered to Owner under this Agreement so
terminated or cancelled.
c. That should Owner in a proceeding brought as
provided in Chapter 11 find that Contractor has
engaged in discrimination in connection with this
Agreement and issue a cease and desist order with
respect thereto, Owner shall uphold up to 15% of
the said contract price, if applicable, until such
time as Owner's order has been complied with or
said other contracting party has been adjudicated
not guilty of such discrimination.
d. That Contractor will permit access to any and all
records pertaining to hiring and employment and to
other pertinent data and records for the purpose of
enablin~ Owner, its agencies or re~resentatives, to
ascerta~n compliance with the prov~sions of Chapter
11 applicable to Contractor.
That Chapter 11 shall be binding on
contractors, subcontractors, or suppliers.
8. Assiqnment. Contractor represents and agrees for
itself, its successors and assigns that Contractor has
not made or created and that it will not make or create
or suffer to be made or created any total or partial
sale, assignment, conveyance or any trust or power to
transfer in any other mode or form of or with respect to
this Agreement or any part thereof or interest therein
or in Contractor without the prior written approval of
Owner.
e.
all
9. General.
The terms and provisions hereof shall be
upon and inure to the benefit of the
representatives, successors and assigns
parties hereto.
b. Whenever in this A~reement it shall be required or
permitted that not1ce or demand be given or served
by either party to this Agreement to or on the
other party, such notice shall be delivered
personally or mailed by United states mail to the
addresses hereinafter set forth by certified mail
(return receipt requested). Such notice or demand
shall be deemed timely ~iven when delivered
personally or when deposlted in the mail in
accordance with the above. The address of the
parties hereto are as follows, until changed by
notice given as above:
a.
binding
heirs,
of the
If to the Owner:
city Engineer
4629 Dakota Street S.E.
Prior Lake, MN. 55372
Glenn R. Kessel, Esq.
Lommen, Nelson, Cole, & Stageberg, P.A.
1100 TCF Tower
Minneapolis, MN. 55402
with a copy to:
If to Contractor:
WEST STAR CURB & CONCRETE. INC.
Central Avenue Box #201'
Watkins. MN 55389
with a copy to:
c. Except as otherwise provided in this Agreement, the
rights and remedies of the parties to this
Agreement, whether provided by law or br this
A~reement shall be cumulative, and the exerc~se by
e1ther party of anyone or more of such remedies
shall not preclude the exercise by it, at the same
or different times, of any other such remedies for
the same default or breach or of any of its
remedies for any other default or breach or of any
of its remedies for any other default or breach by
the other party. No waiver made by either such
party with respect to the performance, or manner of
time thereof, or any obligation under this
Agreement shall be considered a waiver of any
rights of the party making the waiver with respect
to the particular obligation of the other party or
condition to its own obligation beyond those
expressly waived in writing and to the extent
thereof, or a waiver in any respect in re9ard to
any other rights of the party making the walver of
any other obligation of the other party. Delay by
a party hereto in instituting or prosecuting any
cause of action or claim hereunder shall not be
deemed a waiver of any rights hereunder.
d. This Agreement may be amended by the ~arties hereto
only by written instrument executed 1n accordance
with the same procedures and formality followed for
the execution of this Agreement.
e.
This Agreement may be simultaneously executed
several counterparts, each of which shall be
original and all of which shall constitute one
the same instrument.
in
an
and
IN WITNESS WHEREOF, Owner and Contractor have caused
this Agreement to be duly executed on the day and year
first above written.
Approved by the City Council
July , 1992 .
on the 6th day
of
CONTRACTOR:
By ~~~
Its ~-~
By
Its
A\~oved as t~orm:
iDLl-.-@. \ wi:
. .
DOCUMENT 00620
FORM OF PERFORMANCE BOND
KNOW ALL MEN BY THESE PRESENTS that West Star CurD & Concrete Inc.
Tt{,-"l tl: i \' c::. 'MN
(Here 1nsert the name and address or legal title of th~
CONTRACTOR)
as Principal, hereinafter called CONTRACTOR, and
Old Re~ublic Surety Des Moines Ia.
(Here insert the legal title of Surety)
as Surety, hereinafter called Surety, are held and firmly bound
unto
City of Prior Lake, MN
(Here insert the name and address or legal title of the 9WNER)
as Obligee, hereinafter called OWNER, ~n the
amount of Dollars ($ ~Ll 4Q1 80. ) for the payment hereof
CONTRACTOR and Sure y' bind themselves, their heirs, executors,
administrators, successors and assigns, jointly and severally,
firmly by these presents.
WHEREAS, CONTRACTOR has by written Agreement, dated 6 July ---
19 92 entered into a contract with OWNER for Proiect #92-11
(Here insert full name and title)
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 and faithfully perform said contract,
then this obligation shall be null and void; otherwise it shall
remain in full force and effect.
a. The Surety hereby waives notice of any alteration or
extension of time made by the OWNER.
b. Whenever CONTRACTOR shall be, and declared by OWNER to be in
default under the contract, the OWNER having performed
OWNER'S obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:
1. Complete the contract in accordance with its terms and
conditions, or
2. Obtain a Bid or Bids for submission to OWNER for
completing the contract in accordance with its terms and
conditions, and upon determination by OWNER and Surety
of the lowest responsible Bidder, arrange for a contract
between such Bidder and OWNER, and make available as
Work progresses (even though there should be a default
or a succession of defaults under the contract or
contracts of completion arranged under this paragraph)
sufficient funds to pay the cost of completion less the
balance of the Contract Price; but not exceeding,
includin~ other costs and damages for which the Surety
may be l1able hereunder, the amount set forth in the
first para~raph hereof. The term "balance of the
Contract Pr1ce" as used in this paragraph, shall mean
the total amount payable by OWNER to CONTRACTOR under
the contract and any Written Amendments thereto, less
the amount properly paid by OWNER to CONTRACTOR.
c. Any suit under this Bond must be instituted before the
expiration of two (2) years from the date on which final
payment under the contract falls due.
d. No right of action shall accrue on this Bond to or for the
use of any person or corporation other than the OWNER named
herein or the heirs, executors, administrators, or successors
of OWNER.
SIGNED AND SEALED this
6
day of .Tllly
A.D. 19 q?
In the presence of:
( West Star Curb & Concrete In~SEAL)
(Principal A
( /,J /1//
(~~ ~~~ (SEAL)
(Tl.tle sec/t~eas.
.~L.. I!.. ./1. A
W~ tness t! v~ \
w~~& ~.
( Old Republic Sur~ty (SEAL)
~s~ . ~~
(.,~ ~~
TTtle Atto~eY-in-fact
counters7ed 1
by 7~~
AttorfeY-in-fact
DOCUMENT 00610
FORM OF PAYMENT BOND
KNOW ALL MEN: That we West Star Curb and Concrete Inc
Writ.K-i n~. Mr\T
hereinafter called the Principal, and
Old Re1.lublic Sur~t.y
Des Moines, la.
and
hereinafter called
firmly bound unto
the Surety, or Sureties,
f'; +-1' ()r Pr; nr T ,;::11".0. M1\T
are
held
and
hereinafter called the OWNERS, and to such persons, firms and
corporations who may furnish Materials for, or perform labor on
the Work, building or improvements, contemplated in the contract
hereinafter mentioned, in the sum of E..i..f.:qr_Rrmr rr:lnnll~rlnrl 1=i'nl1r Hlln"'~rori
Ninety-One and 80/100* * * * * * * * * * *
Dollars ($54,491.80
for the payment whereof the Principal and Surety, or Sureties,
bind themselves, their heirs, executors, administrators,
successors and assigns, jointly and severally, firmly by these
presents:
WHEREAS, the Principal has by means of a written Agreement
n Illl1 v. 1 qq?
entered into a contract with the OWNER for
dated
pr::j ,:,,:,t ~~ 11
a copy of which Agreement is by reference made a part hereof.
NOW, THEREFORE, the conditions of this obligation are such that
if the Principal shall faithfully perform the contract on his
part, and satisfy all claims and demands incurred for the same
and shall fully indemnify and save harmless the OWNER from all
costs and damage which he may suffer by reason of failure so to
do and shall fully reimburse and repay the OWNER all outlay and
expense which the OWNER may incur in making good any such default
and shall promptlV make payment to all persons supplVing labor or
material for use ln the prosecution of the Work provlded for in
such contract, then this obligation shall be null and void;
otherwise it shall remain in full force and effect.
.~",-~,,,,,"_,,,,,,,~~_,__,,,,,,,_~,,;~>~,,,_,-,o;,,,,,,,,,_",~,"'.'."~-.________.....~_n."...~_."""'""'___...."'___...~..,>_,,,..,._~_~___..__._.~.._
AND PROVIDED, that any alterations which may be made in the terms
of the contract, or in the Work to be done under it, or the
g~v~ng by the OWNER of any extension of time for the performance
of the contract, or any other forebearance on the part of either
the OWNER or the Principal to the other shall not in any way
release the Princi~al and the Surety, or Sureties, or either or
any of them, thelr heirs, executors, administrators, successors
or assigns from their liability hereunder, notice to Surety, or
Sureties, of any such alteration, extension or forebearance being
hereby waived.
This Bond is made for the use and benefit of all persons, firms,
and corporations who may furnish any material or perform any
labor for or on account of said Work, building or improvements
and ther and each of them are hereby made Obilgees hereunder the
same as lf their own proper names were written herein as such,
and they and each of them may sue herein.
Signed and Sealed this
6 day of July
19
92
In the presence of:
~~ \hl~__
)
J
West Star Curb & Concrete IIfBEAL)
a??22:l~ ,~
sec-treas.
J
.>
) as to
( SEAL)
~~ \k~
J
)
) as to
( SEAL)
Countersigned
by Ol,d ~~Ur~Ll)A~
~ney-~n-fa6t-
(
J .
~ ~ OF .PalNaPAL (INDIVIDUAL 0& P.u1NERSBJp)
STAT! OF .)&;
COUNTY OF . .)
OIl 6ir ,Gay of
appcuN
D aacf wAo atoll" 1M iOlllOiDl baDd aDd ~.) &0 me Uaar
..~...... .
~ in the year 19 before IDe penoraaDy
, to me bOWllIO be .tfte 1*IOft(1) deacribed
.-.,MIW".........
...."'.' .",.. ; &.!'
.~ ~OF!lUNaPALfOORlOU'l1ON)
/y,v
STATE OF Ja.:
COU'NTY OF ~'1A'~ Ire^- _ .)
011 ~ 6' . day of ........... 00 '. in tile year 19 "3..... before me JIOJIOnaIIy
appared -'- /rl ~ /.?~..........-. . to me known who, beiDt by me cluly 1WODl,
did IIY tbat III iI tile S- Co, / 7'r-e ".f , of the "" ,. 0'" ,L r~ ~ (J .,.t. ~ ,/....... . .
· ~ralioA. tbal tile aaI :AfIjxec! so tile fClnJOin& boGcI iI &he COI'JIOrIte leal of the CCIrJIOralioA, and tbat IIid boDcI
WII '11GI1ad ill bIbalf ~r tbe GOCpQratjoa by eutbodtf or i&& loud ~r Direc&OII.
... ....- -".
& BECKY MAE THOMPSON:
NOTARY PUBLIC .. MINNESOTA .
:1 MORRISON COUNTY :
= . My Comm. Exp. Jan. 1. 1997
- - - ~ ~ ij::'''~A;~
, ~~ Jh~ ) ~At1~ ~ "
U ..... r\ML.Ie
~OP COJUlOJt.A1ESUh! (
(....er A'" fa" ....~)
nAno, .. ~a::-'---. ._...____.. _.. _....__ " .___.
COU'NTY t:1P ~A~ Ir.",~ . )
011 WI 6' clay of ....7"..- ~ "' in the year 19 ~ L, belore me appared
L.A.t '! , ...... , , to IDe J*I9IJIIIy QpWn. 'VilA beiu by ~uly
awom, did ay tbat i1h thufCll-.aid officer, or Attomey.in.Fact of the (;.) f.&;{~ ~ _ 5 f:! \ .....e I .
'. · COI'pCIntioc; that tile MIl alTlUCI SO &he fOl'elOiD& iastnament iI &he COI'pCIntc MIl
of &lid COI'JIOrItioIl. ad that IIid iDltnamlllt .... Iipec!IDd aaied in behalf of IIid CCIrJIOralioll by tile afClllllicl
offieer. by MbodIJ' or.. AoanI or DiNc:&c; ad !lie afCllWlid officer ac:.mo.lectpd aid ~t to be !lie fnIe
-= ad GIld ot IIid 0II1*ICiaL
~ "...,
..\~
...
· e BECKY MAE THOMPSON l
~~. NOTARY PUBLIC. MINNESOTA
7."'- MORRISON COUNTY ~
~ - - My Comm. Exp. Jan. 1. 1997 ~
t ,... III
~~~