Imp. Proj. #383
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GOLF COURSE SPRINKLING SYSTEM
NEW HOPE, MINNESOTA
1982
I N D E X
Index
Advertisement for Bids
Instructions to Bidders
Proposal
Special Provisions
2751. Irrigation Specifications
2751.1. Spri~~lers and Piping
2751.2. Pump Station Specifications
2751.3. Pump Automation and System Controls
Conditions of the Contract
Pump Station Detail
Pressure Tank
Irrigation System Layout
NH-1429b
ADVERTISEMENT FOR BIDS
CITY OF NEW HOPE, MINNESOTA
Sealed proposal endorsed with the title fiB ids for Golf Course Sprinkler Sys-
temli and the bidderfs name will be received in the office of the Ci ty Manager
or the City of New Hope) Minnesota, 4401 Xyllln Ave. No. in said City until
10:00 QIclock A.M., CoD.S.T. on September 20, 1982, at which time said propos-
al Trl i 11 be opened and publicly read by two duly authorized officials for the
furnish ing and delivering to the City of NevI Hope the follovling equipment
(said bids v7i 11 be considered by the City Council at the regular meeting of
September 27, 19820
FURNISH AND INSTALL UNDERGROUND SPRINKLER SYSTEM AT THE GOLF COURSE
Proposal forms and specifications vii 11 be on file ~n the office of the City
Clerk, and avai lab Ie for use at the office of the Golf Course Superintendent,
8130 Bass Lake Road beginning September 3, 1982.
No bidder may withdravJ his bid within thirty days after the scheduled time of
the opening of bids without the consent of the Council.
No bids vIi 11 be considered unless sealed and filed with the City Clerk pr~or
to the closing tlme for recel.v~ng bids and unless accompanied by a cash de-
pOS1.t, bidder's bond or a certified ch e ck made payable to the City 1n an
amount not less than 5% of total amount of accompanying bid, to be forfeited
as liquidated damages l.il the event that the bid be accepted and the bidder
fails to enter into a \vritten contract and furnish the required performance
bond within fifteen (15) days after notice of acceptance of bid.
The City Council reserves the righ t to ~Jaive any formalities on any bid re-
ceived and reject without explanation any or all bids received.
Contractors desiring a copy of the plans and specifications and proposal forms
may obtain. them from the office of the City Clerk upon payment of a deposit of
$25~OO; all or which will be refunded to all bona fide bidders, providing said
plans and specifications are returned ~n good condition within fifteen (15 )
days after the date set ror the opening of bids. A bona fide bidder ~s one
,^mo actually s~gns and submits a bid. No money will be refunded to any person
who obtains plans and specifications and does not submit a bid to the Owner.
It11a i 1 e d bid s shall be addressed to: City Manager, City of New Hope, 4401 Xylon
Avenue North, New Hope, Minnesota 55428.
BY ORDER OF THE CITY COUNCIL
Daniel 3. Donahue
City Manager
1429b
INSTRUCTIONS TO BIDDERS
1 0 DATE M~D PLACE OF OPENING:
Sealed bids for furnish and install golf course sprinkler system for
the City of New Hope, Minnesota, will be received and opened at the
office of the City Manager, City of New Hope, 4401 Xylon Avenue
North, New Hope~ Minnesota, at:
10:00 A2M., C~D.S.T. ~ Monday, September 20, 1982
2~ DEFINITIONS:
A. OWNER. nOvlner" shall mean the City of Nevl Hope, Minnesota, and its
duly authorized officials.
I'lL. Richard DeSplinter
Golf Course Superintendent
Ci ty or NevI Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
537-.1149
B. CONTRACTOR. IICorltractorlt shall mean the person, firm or organization
that is awarded the contract for the construction of any Division of
the project described in these drawings and specifications.
.....
3.. QU/l~IFICATIONS OF BIDDER
A. The Owner may make such investigations as he deems necessary to
determine the ability of the bidder to perform the work, and the
bidder shall furnish to the owner all such information and data for
this purpose as the owner may request. If requested, the bidder
shall furnish a balance sheet, certified by a certified public
accountant as to a date not more than sixty days prior to date of
opening of proposals which shall set forth outstanding assets and
liabilities in reasonable detail.
THE BIDDER SHp~L ALSO FURNISH A LIST OF THREE PROJECTS, SIMILAR IN
NATURE TO THIS ONE, THAT HE HAS INSTALLED WITH DATES OF COMPLETION
THEREOF.
The bidder shall also furnish any other additional information
relative to financial responsibility and competence to do the work as
may be requested by the City prior to the acceptance of any proposal.
B~ All bidders shall indicate on the bid form the complete list of
subcontractors that he proposes to employ on this project. All
subcontractors' names shall be of recognized standing with a record
of satisfactory performance.
I-I
NH-1429b
4. b Pi. ~'J F.._ftDO FBI D ;; E2ffiCUTION Of CONT~~CT:
Th e N '2T;j. Council ~!jill meet on September 27, 1982~ to
(::c~riS 1~:de r ceptance of a Proposal shall bind the bidder to
de bonds and certificates and to execute a contract, the form of
+:v~111l ~:h Jc. S included in these specifications, within fifteen (15) days
after notification of such award,
-
j ~ FO.Rr1 Ot? .Pk~~OP~J:SP~S
~M~"""""'_N.':~...."'_--"""-''''''::______/_,__/
'-' ted on the unaltered forms provided and
specifications~ Each proposal must be submitted
en"Je clearly marked:
D..fiIlie , Ci !\'lanage r , 4401 Xylon Avenue North, New
. , 5 SLJ.2S., PROPOSA~ FOR GOLF COURSE SPRINKLER SYSTEM
l fi.1.A.l"e:8 {J 1: a)
;'I!HE .C I :r~iY NEfrJHOPE and mus t be accompanied by the required bid
securltv,.,
.r SCOPE OF PROPOSALS
0<>
A~ PROPOSA~LS \<li 1 be accepted only on the basis of performing all of the
1>7ork out lined the specifications and plans. Proposals based on
other plans or equipment will be rejected unless specifically allowed
P~d.deIl dlllIl~
":'"'> BIDS must be submitted by properly filling in each and every space
1) .~
provided for that purpose on the Proposal hereto attached. Bids not
contormlng ::!=J these requirements may be rejected as irregular.
,(""I The cont a.c. shall prompt ly Iurnisha Performance and 11aintenance
v .~
Bond in the full amount of the contract price in a form and with
. . the Ot;lne r ~ The bond shall guarantee to keep all
SLlre [3_"28
v70rK canst contract in good repair for a period of
.one \teart fj~()TIl all\:l ,aft.el~ iCS completion by the contractor and its
.acceptan.ce t [1 ,8 ~=J ~;~J D. .:2 I~ ~
70 INFOR~~LTION CONCEFti~ING THE WORK ~~~D THE SITE:
- -,
Each bidder shall careful examine the Drawings and Specifications
and fully inform iIIlse If or the nature" location and conditions under
~l:jh j~ C 11 ... ~ ot to be performed or materials delivered, and if
ttie \pIori{ IS
awarded a contract~ shall not be allov.Jed extra compensation because
of 8~j~ lur.e have so informed himself~ Bidders shall not rely upon
statefftents or repr"esentatlons of officers or employees of th eO\vue r
~!;rl ~th reference to the site or the conditions of the work~
(') BID SECURITY
.0"
~~-~--._--
" Ea..ch ~~ i ;2 :c~ 1111- bid securi in the form of cash, certified
:s... lit
ctL.ect=c or payable to the City of New Hope in an amount not
less l,:nan rcent of the total base bid submitted~
I'~..2
NH--IL~2 9b
B. The bid security shall be forfeited if the bidder fails or refuses to
enter into contract and furnish bond within fifteen calendar days
after his Proposal has been accepted.
c. The bid security of unsuccessful bidders will be returned within 30
days after the bid opening date. Bid security of the successful
bidder will be returned after he enters into a contract and furnishes
satisfactory Performance Bond.
9 ~ BA.S I S OF A~~lP~RD:
A. Contract award will be made on the basis of the TOTAL BASE BID. All
bidders shall base their base bid on equipment manufactured by the
Toro Company~
1-3
NH-1429b
CITY OF NEW HOPE, MINNESOTA
GOLF COURSE SPRINKLING SYSTEM
PROPOSAL FORM
1982
OPENING TIME: 10:00 A.M., C.D.S.T.
OPENING DATE: Mon. , Sept. 20, 1982
Honorable City Council
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428
Gentlemen:
In accordance with the Advertisement for Bids of the City of New Hope,
inviting proposals in conformity with the plans and specifications on file in
the office of the City Clerk, City of New Hope, Minnesota, the undersigned
hereby certifies that an examination has been made of the specifications and
the plans, and the site of the work, and hereby proposes to furnish all
necessary machinery, equipment) tools, labor and'" other means of construction
and to furnish all materials specified, including Addenda Nos. , in the
manner and at the time prescribed; and understands that the quantities of work
shown herein are approximate only and are subject to increase or decrease; and
are to be performed at the following price:
BASE BID:
Furnish and install underground sprinkling system at New Hope Golf
Course according to detailed plans and specifications.
TOT AL BASE BID .............................. $
SUBCONTRACTOR LIST: I/we propose to use the following subcontractors on this
project.
P-l
NH-1429b
Accompanying this bid is a bidder's bond, certified check or cash deposit in
the amount of DOLLARS CENTS ($ )
which is at least five percent (5%) of the amount of my/our bid made payable
to the City of New Hope, Minnesota, and the same is subject to forfeiture in
the event of default on the part of the undersigned or failure on the part of
the undersigned to execute the prescribed contract and bond within fifteen
(15) days after its submittal to me/us.
In submitting this bid it is understood that the Owner retains the right to
reject any and all bids and to waive irregularities and informalities therein
and to award the contract to the best interests of the Owner.
In submitting this bid it is understood that payment will be by cash or check.
It is understood that bids may not be withdrawn for a period of 30 days after
the date and time set for the opening of bids. It is understood that the
Owner reserves the right to retain the certified check or bond of the three
lowest bidders as determined by the Owner for a period not to exceed 30 days
after the date set for the opening of bids.
Respectfully submitted,
(A Corporation)
(An Individual)
Name of Bidder (A Partnership)
By
-
Title
Printed Name of Signer
Address
City & State
Telephone No.
P-2
NH-1429b
SPECIAL PROVISIONS
1 ~ DESCRIPTION OF PROJECT: This project consists of the furnishing and in-
stallation or a cOt.flplete underground sprinkling system for the existing City
Golf Course, including sprinklers, valves, piping, fittings, controllers,
modification of irrigation pump piping and electrical work as shown on the
draT;virigs and specified her:ain. A concrete slab will be constructed for a
building to be constructed by the Owner in the future.
Sprinkler lines shown on the drawings are essentially diagrammatic. Locations
of all sprink ler heads) val 'V2 S ~ plp~ng; l;rl:L r 1. ng, e tc. , shall be established by
the Golf Course Superintendent at the time of construction. Spacing of the
sprinkler heads or quick coupling valves are shown on the drawings and shall
be exceeded only with permission of the Ownerls authorized representative.
Unless otherwise specified or indicated on the drawings, the construction of
the sDrinkler svstem shall include the furnishing, installing, and testing of
... .;
all mains, laterals, rlsers and fittings, the furnishing and installing of
sprinkler heads, quick-coupling valves, gate valves, control and all necessary
specialties and accessories, the removal and/or restoration of existing
improvements, excavation and backfill, and all other work in accordance with
the plans and specifications as required for a complete system.
2~ COMPLETION SCHEDULE: Tilne being as essential part of this project, the
contractor shall be required to comfrrence ~Jork t>tithin fifteen (15) days after
a1it7.arded the contract and shall ha\'e all \vork substantially complete by October
31~ 1982. '~
The contractor shall be resDonsible for winterization of the entire system in
1982 and the spring startup-in 19834 All work and spring startup shall be
complete by April 15, 1983, ~ ......
weather permltt~ng~
":{ LIQUIDATED DAYillGES~ Liquidated damages as specified in the Conditions of
....J . the Contract shall be Fifty Dollars ($50~OO) per calendar day commencing on
November 1., 1982, and continue until the project is substantially complete.
~~ ~ P AYr/LENT; Payment to the contractor will be made monthly in accordance
with the Conditions of the Contract~
5 ~ CONSTRUCTION COORDINATION: Contractor shall be responsible to maintain
the existing irrigation lines during all phases of construction and assure the
golf course maintenance personnel of having a workable irrigating system until
the new system is . . (all existing lines will be marked by golf
In operatJ..on
course personnel).
o~ STARTUP SERVICES: Contractor shall have full responsibility for the init-
ial start-up of the system 1. eLl. shall include the final adjustments on the
pump station and MPC controls by representatives of the systems manufacturer
or their authorized representatives. The contractor is advised to include in
his bid costs of startup services for both local and out of state manufac-
turers' t:ecnnlc~ans as l~~:eq \1 Lr~;2 d ~
SP-l
NH--IL:- 2 9b
.. RECORD DfL4J-JINGS: The contractor shall provide and keep up to date a
/ 0 complete set of as-tu~l~ ~t.7hich shall be corrected daily to shOvl
sprink ler ., . ocations and other deviations from the original
locatlons ~.\ irrigation design drawing as provided. All isolation valve locations shall be
'1 ..,. ~ ~ actual measurements to a minimum of two other reference points so
sn Ov7n \V 1- tn.
they can be located easi in the field"
Upon completion of -cne 'h1ork, the contractor shall furnish the Owner with a
cOlnpleL'2 set of as-built drawings sho't,qing the spri11kler system as installedo
This l.S [he responsibi the contractor and shall not be construed to be
the responsibility 0 car
80 TRAINING OF COURSE PERSONNEL: Upon completion of the work and acceptance
or the O\'~Jner the contr tor shall be responsible for the complete training of
golf course pe S on.fie in the operation, and rnalntenance, and repair of the
8Y8'" tern" The contractor shall furnish three (3) copies of all available
parts lists trouble sho'.)"c lists; specification sheets and catalog sheets
to the Ovlner prior to final jJ8.\iillent G The contractor shall also furnish
operation and maintenance manuals on the existing valves that are being
IEOd i f ied at the pumping station~
9 ~ S UBSTI TUTIONS Of l'!iP~TEE"IP,lS:
F~ . \~rhene":'ler any particular brand or make of material or apparatus 18
specified; every bidder submitting a bid on this specification and
the accompanying drawings, obligates hiw..self to the use of such
.... - ..... .. or of such other brand-s or makes s as shall have
brands and makes,
been du approved. the Owner in the manner described hereino
B~ \fhenever any article or any material is specified by a reference to
th e Il8Eli3 Q fa manufacturer or dealer, or by specific reference to
th.e cata of manufacturers or dealers, the intent is to establish
a standard of excellance, which the Owner has determined as requisite
and necessary for this undertaking and subject only therefor to such
fnod i fica t ions as the Owner may make in accordance with the procedure
given in this ar icle~ It is therefore mandatory and binding upon
the contractor to abide within the ,. .. r the restrictions ~m-
l.l.ID1.t.S or
posed. :i but nothing in this section shall operate to nullify the pro-
visions of sections herewith S:2 fC fortho
("'1 \sJtl.e r {:: t 11 e ~!~!7 .c, r d s .~- .,.-..... .~~ a.s selected,1: liapproved, H t!approved
v ~ ....,.,.;;...:'wI".... LV ~
rnak e or ocner synonymous t e r~TI1S are used in reference to material,
quail methods of apparatus in lieu of or in addition to other
specific references, It lS to be distinctly understood that the
approval of any such substitutions is vested in the Owner whose
d(~ClS lons shall be final and binding upon all concernedo
~\-., The intent of to. J_ S specification is not to ELIMINATE PROPERLY QUALI-
l.I <-
FlED ElSITfL41\lTS FP~Ol:'1 C~OljlPETITION; but to confine the bidding on the
part of contrac ors rnanufacturers and dealers, to thos e v.lhose
SP-2
NH-ILJ.29b
standing and qualifications are such that the Owner feel warranted in
giving them their approval~ If, however, any bidder desires to have
consideration gi'ven to INDI"ilIDUALS, F IR1:iS s MATERIALS, BRANDS, MAIZES,
2tC. ;i OTHER THAN SPECIFIED; he may have the privilege at any time
prior to seven ( 7 ) day s s of the time set for the opening of bids, of
submitting in writing to the Owner, for approval, or if the Owner
SLl decide to enlarge the cope 0 the specifications, all bidders
will be notified by him by addenda in the usual manner and in due
season so that the bidders may have an opportunity to avail them-
selves of any such information prior to the submission of their pro-
posals~
E. If prl.or o "C11'2 [ l rne set for the opening of proposals, the OvIner
shall feel ified in admitting additional brands~ materials, or
r- . all idders will be properly notified.
Ilrms)
F. p.il sprilLlclers and autoInatic control equipment shall be that of one
manufacturer and sha 1 be the manufactureris standard production type
equlpment, Controllers built especially for this project are not
~ ~ ~
a J~ lo\=q.e d ~
10. Ol~11 S S ION S: The omission of express reference to any parts necessary or
reasonab incidenta.l a complete installation of the sprinkler system, pump
station modifications or control systems shall not be construed as releasing
the contractor from furnishing such parts~
SP-3
NH.--ll+ 29b
SECTION 2751
IRRIGATION SPECIFICATIONS
2751.1. SPRINKLERS AND PIPING: The contractor shall construct the under-
ground sprinkling system as shown on the Golf Course sprinkler and piping
layout drawing and as specified herein.
1 . FAIRWAY SPRINKLERS: The fairway sprinklers shall have an operation
specification as foIl Ov7 S ;
90 PSI at base of head, 63.4 GPM, 188 f t ~ diameter.
The sprinkler shall be of the valve-in-head variety or be made equal to
that by means of a separate valve located directly below the sprinkler head.
If the Itvalve underH approach is used, the valve shall be a minimum size of
1-~1I. The sprinkler head shall be a Toro model 674-01-74, or approved equal.
2. TEE AND GREEN SPRINKLERS: The tee and green sprinklers shall have an
operating specification as follows:
80 PSI at the base of the head, 20.5 GPM, 132 ft. diameter.
The sprinklers shall be Taro model 634-01-33, or approved equal.
The sprinkler shall be of the valve-in-head variety or be made equal to
that by means of a separate valve directly below the sprinkler head. If the
"valve underli approach is used, the valve shall be a minimum size of lit.
3. PART CIRCLE ADJUSTABLE SPRINKLER: The adjustable sprinkler shall have an
operating specification as follows:
80 PSI at base of head, 2 2 . 9 G P Iv1 , 130 ft. diameter.
These sprinklers shall be Toro model 655-01-55, or approved equal.
The sprinkler shall be of the valve-in-head variety or be made equal to
that by means of a separate valve directly below the sprinkler head. If the
tlvalve undertl approach is used, the valve size shall be a minimum size of 1".
4. MPC CONTROLLER: The Controller for this system shall be a Toro Model
194-09-01, or approved equal. Controllers shall be located in the pump
station. Features shall be as follows:
The controller enclosure shall be corrosion resistant material, fiberglass
or equal. The enclosure shall be of weatherproof construction suitable for
mounting outside and shall have padlock hasp or similar locking provision.
A. Station Indicator Lights (39): Displays all stations scheduled to
operate during a particular water cycle. The station currently operating is
indicated by blinking of that station's 1 i gh t .
2751-1
NH-1429b
B. Run Mode lndicator Light: The most common mode will all indicators
showing the status or the controller at any time (i.e. , 1 i gh t s show which
station is operat1.ng, "\t7h ich day it is, and whether it is an irrigation or
syringe cy c 1 e ) ~ The readouts indicate which program is in process, the time
of day, and which water cycle is being used. The station lights indicate all
stations assigned to that program. The operating station light blinks.
c~ Program. Display: This readout indicates which program is in progress.
D~ Time of Day Displav: The readout indicates the time of day. It also
....... .y ~"
indicates the total time of a 1 stations on one water cycle. Displays start
tlmes " . .
durlng program.m~ng~.
E. Function Display~ This readout will display three functions at the
. . displays the \.Jlater cycle, the day, and/or station.
appropralte time. 1.[
F. Water Cycle Indicator Light: Shows that the function display is
indicating which water cycle 1.8 being programmed.
G. Day Indicator L igh t: S h Ov7 S that the function display is indicating
which water cycle is being program~ed~
H. Error Indicator Light: This will show when the operator has pressed
keys or svlitcnes in incorrect sequence or a sequence that will accomplish no
purpose~
I. Key-Lock s\4i tch: AI1O\<lS the authorized operator to reprogram day,
station, and start time for water cycles.
J. Station Indicator Light: Sh Oi>l S that the function display is
indicating which station is being prQgra~ued.
K~ Day lndicator Lights (14): YJhen the program number appears in the
program display readout, the day indicator will illuminate all the days to
which the program is assigned.
L~ Observe Mode Indicator Light: This mode is called by pressing the
Program (PRG) keyo This lS done without turning on the key-lock switch.
Press the Step Forward (STPFWD) key to observe each program. As each program
is called up} the indicator lights Tllill show the stations and days that are
active and will also indicate whether it is an irrigation cycle or a syringe
eye le.
}'1. Reprogram lviode Indicator Ligh t: This mode is called by turning the
key-lock before pressing the PRG key. The reprogram indicator will light,
the program will read OO~ the time indicator will read time of day, and the
function display readout will read 00.
N~ Set Time and Day Indicator Light: This mode is called by turning the
key-lock s\tlitch ~ then pressing the Set T & D key on the keyboard. The Set
Time and Day indicator ill light and the first five keys pressed will
register the time. The next two will register the day.
2751-2
NH-1429b
n KeyboaTd~ TD. :L .~S 1: program all functions except station run
v"
~. . . a rnanua 1. start time for the irrigation or
\-.1.me, syrlnge t l.rrre .t"'l ............ "'-.
syringe cycles~
p~ lrrigation icator 1~gt , Indicator illuminates when programming
-~------~----~-_.~- and/or running an i igation program.
Q~ Indicator illuminates when prograID-TIling
and/or
;.; itch for setting the syringe time
..l.':'=t., ~
n to n
v ':J
C St 1.8 lcates a manual irrigation or a manual
:..J ~
~"~.-,-"'_.""":~'M ~
syrlnge
Th is sets time for each of
t11 i r s from 0 to 60 minutes~
5 ~ r~fPC CYCLER ~ furnished for each sprinkler head on
t~ne sprinklers shall be Model 194-04,
cyclers Cyclers for the part
clrCl.e
I" valve shall be brass, one
0"
e to the valve shall be 1 H with a
l-~H e Toro i10del 474-04, or approved
equal ~ s are to furnished as part of
this bid~ or approved equal.
7~ BR..4.S S Gate va1'\788:: as indicated on the
plan, are similar or equal to the Model 206 valve
as manutac \'2 CorpoI' a t ion. Each valve to be
located in the Ametek Company. Both the valve
and "valve box.es a~Nr.e apPI"o'ved. equals 0
8. St,TING JO INTS head and quick coupling valve is to be
installed JOlnL~ Each swing joint shall be
of the sanTe s iz a sprinkler or valve to which it is
being a.ttache u~sed .
0 1'>11 seE L L.pJ:J E OU S FOR 1:11-1.INTEl,t~NCE PERSONNEL: Contractor shall
./ ~
provide the tooLs for future use by maintenance personnel:
2 - dri"ve me tee green sprinklers
2 -. l ~\?'.e C: .,.-~ ,~ leI~ s
'-' ,.... ;'-
1 - drive mechanisms t Clrt~le spr lers
4 -~ lrlrte~ l~ .a.u t .0Iu.cl t L C ~\7 a 1 ~~~l..e s (each model)
J ~ eOIn}? 1e te r.ee
2751~3
NH~ lL,l2 9b
1 - complete fairway sprinkler
12 - filter cartridges for control water filters in pump station
1 - quick coupler valve
4 - quick coupler keys
2 - compression type pipe repair couplings for each size pipe
1 - each of any special tools required for maintenance of sprinklers or
valve
1 - quart can of PVC cement and primer
3 - each of elbows, tees and couplings for each size pipe on project.
(except 4" - 1 each)
10. BOULEVARD SPRINKLERS:
Performance: 1/2 circle arc
30 PSI l
2~O GPH
15i radius
cycolac construction
Toro f/lode 1 570, or approved equal.
11 . CLUBHOUSE SPRINKLERS: ....
Performance: adjustable; part circle
50 PSI
1.61 GPM to 6.71 GPM
40i to SO' radius
matched precipitation rates
Toro Model 8-600, part circle, or approved equal. Contractor to adjust
arc on each sprinkler to accoITll'TIodate the area covered.
12. BRASS, IN-LINE VALVE: Shall have manual throttling valve and
self-flushing screen. Taro model 216-01-06 (1-1/21f) or approved equal. Each
valve shall be located in a valve box as manufactured by the Ametek Company.
13. IRH.IGATION PIPE lvw;.TERIALS: Materials for the underground piping system
shall be as specified below:
A. All irrigation lines shall be buried a minimum of 18 inches. Pipe
shall be Class 160 PVC, SDR-26} Type 1, Grade 1 and of the sizes shown on the
plans. In no case shall be contractor substitute pipe of smaller diameter
than that ShO\.o,7ll. All fittings for PVC pipe shall be Schedule 40 PVC, Type 1,
Grade 1, solvent weld or gasket joint.
2751-4
NH-1429b
B. Where steel pipe is specified, it shall be Schedule 40 galvanized
steel "lith threaded joints~ Fittings shall be Class 150 malleable iron
conforming to ANSI B16-3 \\lith threaded connections.
14. EXCAVATION & BACKFILL: Trenches for plastic pipe or galvanized pipe
sprinkler lines shall be excavated of sufficient depth and width to permit
proper handling and installation of the pipe and fittings, or the piping may
be installed by any other method the contractor may desire, if approved by
the Owner and the pipe manufacturer. The backfill shall be thoroughly
compacted and evened off with the adjacent soil level. Selected fill dirt or
sand shall be used if s 1 conditions are rocky. In rocky areas, the
trenching depth shall be two (2) inches below normal trench depth to allow
for this beddingQ The fill t or sand shall be used in filling four (4)
inches above the pipe. e r'.emainder of the backfill shall contain no lumps
or rocks larger th [tl1-ee (3) inches. The top six (6) inches of backfill
shall be free or rocks over one (1 ) inch, subsoil, or trash. All trenches
that are opened during any particular working day shall be closed and back-
filled the same day. No open trenches or partially backfilled trenches shall
be left overnight.
15. EXISTING UTILITIES AND STRUCTURES: The exact location of all existing
utilities and structures and underground utilities, which may not be
indicated on the drawings, shall be determined by the contractor and he shall
conduct his work so as to prevent interruption of service or damage to them.
The contractor shall protect existing structures and utility services and be
responsible for their replacement if damaged by him or to make necessary
adjustment in -their location if required in order- to complete the work of
this contract. Minor adjustments in the system will be permitted to clear
existing fixed obstructions subject to the approval of the Owner's authorized
representative.
16. INSTA~LATION OF PIPE: The irrigation piping system shall be installed
in accordance with the pipe rnanufactureris recommendation. Sprinklers shall
be connected, installed and adequately supported in strict conformance with
the sprinkler manuractureris recommendations. All work not conforming to
established standards and recorumendations shall be removed and replaced by
the contractor at his own expense.
Plastic pipe shall be installed in a manner so as to provide for
expansion arid contraction as recoIilmended by the manufacturer.
Plastic pipe shall be cut with a hand saw or hack saw with the assistance
of a square in sawing vices or ~n a manner so as to ensure a square cut.
Burrs at cut ends shall be removed prior to installation so that a smooth
unobstructed flow will be obtained.
All plastic to plastic joints shall be solvent weld joints or slip seal
joints. Only the solvent reco~llended by the pipe manufacturer shall be used.
All plastic pipe and fittings shall be installed as outlined and instructed
by the pipe manufacturer and it shall be the contractor's responsibility to
make arrangements 'i7ith the pipe manufacturer for any field assistance that
may be necessarYQ The contractor shall assume full responsibility for the
correct installation.
2751-5
NH-1429b
All plastic to metal joints shall be made with plastic male adaptors.
The solvent weld joints shall be made in the following manner:
1 ~ Thorough ly clean the mating pipe and fitting with a clean dry cloth.
2. App a uniform coat of solvent to the outside of the pipe with an
approved applicator.
3 . Apply solvent to the fitting in a similar manner.
4. Re-apply a light coat of solvent to the pipe and quickly insert it
into the fitting.
S . ~' ...1 or fitting a quarter turn to insure even distribution
\.7lVe rne
of the solvent and PJake sure the pipe is inserted to the full depth
of the fitting socket.
6. Hold in position for 15 seconds.
7 . Wipe off excess solvent that appears at the outer shoulder of the
fitting.
Care should be taken so as not to use an excess amount of solvent,
thereby causing an obstruction to form on the inside of the pipe.
The joints shall be allowed to set at least 24 hours before pressure
is applied to the system on PVC pipe.
17. FLUSHING ~~D TESTING: After all new sprinkler piping and risers are in
place and connected for a given section and all necessary division work has
been completed and prior to the installation of sprinkler heads, all control
valves shall be opened and a full head of water used to flush out the system.
Testing of the system shall be performed after completion of each section
or completion of the entire installation and any necessary repairs shall be
made at the contractor's expense to put the system in good working order,
before final payment by the Owner. The piping system shall be hydraulically
tested at 125 psi for a period of two hours.
18. RESTOR.!~TION : The contractor shall use care in construction of the
irrigation system to minimize the amount of damage to turf areas. Trenches
and area around sprinklers shall be left level with the adjacent area. The
Owner will reseed or sod disturbed areas.
2751.2 PUMP STATION SPECIFICATIONS: The Contractor shall construct the pump-
ing station as shown on the plan. Work shall include construction of the new
concrete pad, dismantling the existing pump station, rebuilding some of the
major components of the existing pump station to be used in the new system,
furnishing and installing the pump station controls as indicated and fabrica-
tion and installation or all pump station components as shown, indicated or
2751~-6
NH-1429b
required. The Contractor shall provide all hydraulic, mechanical and electri-
cal components and labor required to furnish the Oviner a working pump station
and system control package.
Only the major components of the pump station as indicated as being permitted
as being re-used on the new pump station will be allowed to be salvaged and
re-used. Other components of the pump station shall be new materials.
All equipment, controls electric devices, etc.. furnished for the pumping sta-
tion shall be weatherproof, suitable to ithstand the elements.
1.. Air Release Valve. The Ai Release valve to be used shall be the existing
valve which is an ApeD mode 142. A throttling device of the same manufactur-
er as that valve 11 be furnished. new and installed.
2. Pressure Tank: The essure tank shall be A..S..M.E. construction and
stamp~ The tank shsll ~2~7e a working pressure of 200-PSI, test pressure of
30G-PSI. Dimensions shall be 36 inch diameter, 84 inches overall height. The
exterior of the tank shall be primed with Tnemec #66-1211 and coated with
#66-2032 high-build epoxy, cypress green. Other fittings and connection
points shall be indicated on the pressure tank drawing. A I" drain with drain
valve outside the tank. base on the bottom of the tank shall be provided.
The tank shall be ded \rlith a \~lelded steel base with welded steel anchor-
ing lugs for bolt base slab with galvanized steel bolts. The tank
anchorage shall be designed or sufficient strength to prevent the tank from
being b lo\vn over by \.qind. .,.
3.. Tank Air Release Valve: Iii APCO model 200A, or approved equal, shall be
provided to release excess air from the pressure tank. This device shall be
mounted to the tank use of galvanized nipples, fittings and unions and have
1'1 ball valves on ei er side for shut-off purposes..
4. Water Supply and Filter System for Control Water: The water supply for
the hydraulic controls on the I'We panel shall be tapped from the 1" connection
point located approximate one-third the distance from the bottom of the
tank.. A lH galvanized line shall be installed to a series of two filters (AMF
CUNO model AP2610 or equal)~ These filters shall be installed with unions and
ball valves to allow independent isolation and future service. Pressure
guages shall be installed up and down stream of each filter. A 3/4'1 flexible
connection shall be provided from the downstream side of the filters to the
hydraulic control panel.
5. The Pressure Reducing, Pressure Sustaining, and Check Valve: The existing
2-1/2H Clayton model 926.-.02 control valve shall be salvaged from the existing
system~ Contractors shall completely rebuild the two pilot controls on the
valve with ne'",; interD.al cOIrrponents in addition to rebuilding the main valve
itself~ A model XiOS limit switch and mounting plate shall also be added to
the valve~ Contractor shall install 2 model CK2 shut-off cocks on the valve.
Liquid filled pressure guages for indicating up and down stream pressure shall
be installed on the val This valve shall be installed downstream of the
pressure tank as indicated on the dra\lJ.ing~
2751-7
NH-IL:-29b
6 . Butterfly 21 \'al~le shall be a 4H size. The wafer style
valve shall be ile iron with nickel plated discs~ The
valve shall ~.. lock handle and shall be as manufactured
by the ITl~ Clj):PI"o\7ed equa ..
- - -
7 0 res sure relief valves are to be furnished and
installed shall bea 3/L:~H size located di-
rect This valve shall be a model CRL,
approv/2d equa 1" The discharge from
.' . The second valve shall be
'[n 1 S
the Cla-Val Company. This
tern control.. This valve shall
Discharge shall be piped underground
to th e ~.............. tings on these valves to cor-
reEle.nts or this system..
8, Ch ct II the four inch check valve to the Con-
..-_-,~--_..-..---,
tractor. The Con e val'~le upstream of the pressure tank..
9 ~ F lor,.,] flie te : installed as indicated on the
--.---....--........ t.er Company, mode 1 !4C-OSOO or
dra\,ving 0 J::er
"":' .~r in U"SQ gallons.
approvea equal.
lO~ coupling shall be installed
a t t~(;JO c aL the connection point
the intake to the pressure tank
~rrom the pump sttion joins
This coupling shall
Install four 3/4" threaded rods
the coupling at the well pump dis-
charg.e, required to restrain a 150 psi work-
lUg
llQ t~il ~L S c.e Piping for small water
piping and~ gal d steel, copper tubing or
ink leI" TIi2rlU rac tu re r. Sizing of these
liLies shall be Small piping shall be adequately
supported and ins building lines. Piping shall be installed
in the slab; O\Je TlJ eaeJ. other Ioea ion acceptable to the Golf Course
Superintendent to r '. repairs and inspect~
area ror malnrenance,
f' _ ""':'!- .~
lon at a1.1 eou
Srna 11 s t.ee .;:;.., schedule 40 pipe with threaded
JOlnts _0 F~ ..... rna.lleable iron conforming to ANSI B16-3
v7i th th readed
Copper tub r~. ""1- ion BB8, Type L with solder
joints on large ngs on smaller sizesQ
Pre s su.rls l rated for twice the anticipated
Dressuz"e 1: talic connections & Connections
of Dlastic
51.~~8
NH-IL~29b
Well pump discharge iron or ductile iron conforming to
;.t\,N S I t).21 '0 15 tor an E;1J..re ()! 250 psio Pipe flanges shall
be duct.ile l1"On ith full face rubber gaskets.
Fittings confor-raing to A.:NSr/AWWA CllO-77.
T":,!o 4.n blind use during \<linter shut dO~lno One
blind nstallation of an air connection
turnl
the plans and where speci-
~ i' ~ in diameter, bourdon
I 1-e:Q ~
tube shall be U.,So Gage, Ashcroft
icipated operating pressure
The t;re 1 tea as required to eliminate
plpe stL equipment for repairs. Pipe sup-
ports 26L: or equal.
Furnish and 195 or equal~ for small
p1.pe C01J.nec: the pipe manufacturer.
12. pump head and all dis-
charge p p coating system specified ror
material surfaces to be
curer-is recommendations.
13~ future building to be con-
strue f this project. The slab shall
ta ion Detail drawing. The
ex.a:c t Course Superintendent.
The Cant gra.de :;: install the aggregate base
and. pour Station Detail drawing. Con-
crete ~= ,r'""', ~.:....; table ready-mix plant approved
.L \)L
by minimum requirements:
Itl.Cl }:[ 1. Iil U 111 6,,0 Gal../sack cement
Lo 3,000 lbso/sq.in..
H~i 600 sacks/eu.yd.
r:.: inches
...J
~. 1/2 + 1 1/2%
- .. ~ size IfJ.8sn for on grade bl.lilding slabs, t-fttJF
t\..~e l n ! .0 r~ :C ::-'"' ;^"'IIto.
6 2i: 6
2751~3 S~S IE}! CONT~ROLS: All panels and
~.~.~::.............,:".,~.~~:':--.....~~~:_:H:."<<""""",:"/-"'--'___:."'-~_"
C a:b 1_ Il.e e weatherproof enclosures, NE tA_li. 3,
adlock hasp or similar shall be
Ilorr-~protected components be
:2. 5 r.
../
NH=.l Lj_ 29b
1. Automation and Controls: The Contractor shall furnish and install all
necessary equipment to automate the pump station and to provide control for
the MPC control system. The components required shall consist of but not be
limited to the following:
A. The hydraulic Cla-Val control panel
B. Electric Pump Control Relay Panel
c. MPC Central Interrace Panel
D. Starter Relay Package
All items shall be manufactured by, or approved of by, the Toro Company,
Riverside, California for use \4ith their MPC control system.
2 . Cornponents: Components used in these devices will be as follows:
A. 24 volt transformer - Allen Bradley/GE or approved equal.
B. Hytrol Valve - Cla-Val Company - Newport Beach, CA or approved equal.
c. CRD Pilot - Cia-Val Company - Newport Beach, CA or approved equal.
D. CRL Pilot - CIa-Val Company - Newport Beach, CA or approved equal.
E. Pressur"e Switch - Allen Bradley model 836-C7 ~or approved equal.
F. 3-way Valve - Cla-Val Company - Newport Beach, CA or approved equal.
G. Standard Relays - Allen Bradley model 700N200Al or approved equal.
H. Time Delay Relay - Allen Bradley model 700NT200Al or approved equal.
I . Speed Controls - CIa-Val Company - Newport Beach, CA or approved equal.
All components shall be mounted in a NEMA 3 RT steel cabinet, painted, as man-
ufactured by the Hoffman Company, Anoka, Minnesota or approved equal.
3. Connections: There are several hydraulic and electrical connections to be
installed among the control components and the piping equipment. The Con-
tractor is advised to obtain piping and wiring diagrams from the sprinkler
manufacturer to determine the exact amount of work and materials required
prior to submitting a bid for the project. No additional compensation for
this work will be considered or allowed.
IMPORTANT NOTE:
Central Controller is to be protected by means of a GE model LAIO surge pro-
tection device installed in conjunction with a 3/4" by 10' copper clad ground
rod. Also, a General Electric stabiltron voltage stabilizer model #9T91B7l43
275l-10
NH-1429b
or approved equal shall be furnished and installed to provide a constant and
consistent voltage to the control system.
4. Electrical Work: The Contractor shall remove the existing electrical gear
and service to the well pump and the support structure. The electrical gear
shall be re-usedand mounted where shown on the Pump Station Detail drawing.
The Contractor shall provide a new secondary service and connection to the
pump motor wiring which shall be run under the new slab and stubbed up at the
proper location.
The Contractor shall furnish and install a building and control electrical
power feed system which shall contain a four circuit breaker panel. One cir-
cuit shall be for sprinkler system control power and the remaining circuits
for future.
The Contractor shall mount the various electric control boxes required by the
sprinkler manufacturer and as specified above on the support structure. The
Contractor shall ascertain the amount of wirings and connections to be made
from the sprinkler manufacturer.. No additional charges for this work will be
considered or allowed. Wiring between control boxes and connections at the
pump discharge piping shall be run in the slab or overhead. Conduit runs
shall end in electrical boxes and flexible metal conduit used for connection
to motors, piping equipment, etc. with length of conduit being 12" minimum and
1811 maximum. Boxes shall be securely supported from acceptable supports or
equipment. Electrical work shall be installed so as not to interfere with
maintenance, operation or repair of other equipment.
All electrical 1.t7ork shall be done in strict accordance with applicable NEMA,
NECA and State Electrical Codes and Standards for outdoor installation. Con-
duit shall follow building lines and shall be installed to the satisfaction of
the Golf Course Superintendent. All conductors shall be copper.
All control and electrical equipment shall be mounted at one location unless
specifically instructed otherwise by the Golf Course Superintendent. The Con-
tractor shall provide a support structure for these items similar to the
existing. The mounting board shall be III exterior grade plywood finished one
side. Board support shall be Schedule 40 steel pipes set in concrete a mini-
mum of 30 inches in the ground. Pipe diameter shall be of adequate size to
support electrical gear and resist windload. Board and support pipes shall be
painted green to match the pump piping.
2751-11
NH-1429b
CONDITIONS OF THE CONTRACT
I N D E X
PAGE NO.
SECTION 1 - DEFINITIONS 1 .
SECTION 2 - BIDDING REQUIREMENTS 4.
SECTION 3 -. A\-lARD ..;\ND EXECUTION OF CONTRACT 6 .
SECTION 4 - DRA\'IINGS, SPECIFICATIONS AND
RELATED DATA 7 .
SECT LON 5 - RNGINEER-O\'lNER-CONTRACTOR RELATIONS 12 .
SECTION 6 - AVAILABILITY OF LANDS; PFYSICAL
CONDITIONS; REFERENCE POINTS 17 .
SECTION 7 - 11A TE'RIALS, EQUl P~'lENT AND \.JO RK:.'1ANS l' 7~P 19 .
SECTION 8 - INSURANCE, LEGAL RESPONSIBILITY
PUBLIC SAFETY AND MISCELLANEOUS 24.
SECTION 9 _. PROGRESS AND COMPLETION OF \~ORK 30.
SECTION 10 - MEASUREMENT AND PAYMENT 31 .
SECTiON 11 - CHANGES IN THE WORK 37.
SECT ON 12 - CHANGE OF CONTRACT PRICE 39.
SECTION 13 - SUSPENSION OF \.IORK AND TER}1INATION 43.
SECTION 14 - GENERAL 45.
PERFORi'fANCE BOND 47.
LABOT~ & 1vLA.TERIAL PAYMENT BOND 50.
FORM OF AGREEMENT 53.
CERTIFICATE OF ACKNO~.JLEGt1ENT 55.
3526a
4/81
CONDITIONS OF THE CONTRACT
SECTION 1
DEFINITIONS
1 . 1 CONTRACT DOCUMENTS
The Contract Documents consist of the following, including all Addenda issued
pr~or to the opening of bids and change orders or other Modifications issued
after execution of the Contract:
(a) Bid Documents (Advertisement, Addenda, Information to Bidders,
Proposal and Bid Security);
(b) Agreement;
(c) Conditions of the Contract (General and other conditions);
Cd) Performance and Payment Bond;
(e) Special Provisions;
(f) Specifications (General and Specific Requirements);
(g) Drawings
1.2 CONTRACT
The Contract Documents form the Contract. The Contract represents the entire
and integrated agreement between the parties hereto and supersedes all pr~or
negotiations, representations, or agreements, either written or oral.
1.3. ENGINEER
The Engineer is the person or entity or authorized representative thereof
named in the Contract Documents.
1.4 OWNER
The Owner 1.8 the person or entity or authorized representative thereof named
in the Contract Documents 0
1.5 CONTRACTOR
The Contractor 1.8 the person or entity or authorized representative thereof
named in the Contract Documents.
- 1 -
3526a
4/81
106 SUBCONTRACTOR
The Subcontractor is the person or other entity having a direct contract with
the Contractor and acts for or on behalf of the Contractor in executing any
part of the Contract, but does not include any separate Contractor or his
subcontractor or any material supplierso
107 PROPOSAL
The Proposal is the offer of a bidder to perform the work described in the Bid
Documents when made out and submitted on the prescribed Proposal form,
properly signed and securedo
108 BID SECURITY
The Bid Security, where required by the Advertisement or Information to
Bidders~ is a cashier's or certified check, cash or Bid Bond accompanying the
Proposal submitted by the bidder, pledging that the bidder will enter into an
Agreement with the Owner for the carrying out of the Work, should the contract
for the Work be awarded to himo
109 AGREEMENT
The Agreement 18 the written contract between the Owner and Contractor
covering the performance of the Work described 1n the Contract Documents 0
Other Contract Documents are attached to the Agreement 0
1010 PERFOR-MANCE AND PAYMENT BONDS
The Performance and Payment Bonds are the approved form of security furnished
by the Contractor and his Surety prior to the execution of the Agreement as a
pledge of good faith on the part or the Contractor and the Surety in the event
or the Contrac tor's defaul t, covering the Contractor I s faithful performance
under the Contract Documents and the payment of all ogligations arising
thereundero
loll BIDDER
A Bidder 18 an individual or other entity submitting a Proposal for the
advertised ~\1ork 0
1012 SURETY
A Surety is the person or other entity executing the Contractor1s Performance
and Payment Bonds~
1013 SPECIFICATIONS
The Specifications consist of the General and Specific Requirements pertaining
to the Work 0
- 2 -
3526a
4/81
1 e 14 DRAWINGS
--
The Drawings are a ,L 1 plans, dra\vings or reproductions of drawings issued by
the Engineer pertaining to the Work and provided for in the Contract Documents.
1 015 tolRITTEN NOTICE
----.------.-...-........----
\-1 r i t ten Notice shall be deemed to have been served if delivered in person or
sent by registered or certified mail to the individual or other entity or to
the last known business address of such individual or entityo It shall be the
duty of each party to advise the other parties to the Agreement as to any
change in the business address until completion and acceptance of the Worko
1.16 ACTS OF GOD
An Act of God 18 an unusual, extraordinary and sudden manifestation of the
forces of nature, uncontrolled and uninfluenced by the power of man and
without human intervention, that could not under normal circumstances have
been anticipated or expectedo Ordinary expected weather conditions of normal
intensity for the locality shall not be considered as an Act of Gada
1 017 DEFECTIVE
An adjective which when modifying the \.'JO rd Work refers to \~ork that is
unsatisfactory, faulty or deficient, or does not conform to the Contract
Documents or does not meet the requirements of any inspection, test or
approval referred to in the Contract Documents, or has been damaged pr~or to
Engineer's reco~~endations of final payment a
1 0 18 Day
A calendar day of twenty-four hours measured from midnight to the next
midnighto
1;,19 \-JORK
-
The entire completed construction or the various separately identifiable parts
thereo f required to be furnished under the Contract Documents;, \~ork is the
result of performing serv~ces, furnishing labor and furnishing and
incorporating materials and equipment into the construction, all as required
by the Contract Documents.
- 3 -
3526a
4/81
SECTION 2
--..........-.~
~IDDING REQUIREMENTS
2.1 PROPOSAL FORMS
...
The O\.Jner \'li 11 furnish Proposal Forms to any qualified Bidder upon requesto
202 .f_NTERPRETATION OF QUANTITY ESTIM..t\TES
The quantities appear~ng In the Proposal shall be used as the basis of
calculation for compar~son of Proposals, The schedule quantities are to be
considered approximate only and may be increased, decreased or omitted as
provided in Section ll~
2.3 EXA~INATION OF PLill~S, SPECIFICATIONS AND WORK SITE
-----~........,.~
Each Bidder ~s required to examlne carefully the site of the Work, the
Proposal Forms, Specifications and Planso Submission of a Proposal
constitutes a representation by the Bidder tha t he 11as made such examination,
has familiarized himself with the conditions to be encountered, the character,
quality and quantity of work to be performed and material to be furnished and
has correlated his observations vli th the requirements of these Contract
Documents.
2D4 ADDENDA
--
Any Addenda issued prior to the time of receipt of Proposals shall be included
~n the Proposal and shall be made part of the Contract Documents 0 Receipt of
each Addendum shall be acknowledged by the Bidder in his Proposal~
2D5 PREPARATION OF BID
_._-
The bidder shall submi t his Proposal on the Proposal Form provided by the
Ownero All blank spaces ~n the Proposal must be filled in clearly and
correctly ~n ink or typevlritten~ Any interlineation, alteration or erasure
must be initialed by the signer of the Proposal~ The Proposal shall be signed
in ink by the individual or authorized representative making the Proposalo
2..6 RESERVATIONS AND/OR EXCEPTIONS
Reservations or exceptions shall be clearly stated in wr i t ing and attached to
the Proposalo They will be deemed to be a part of and incorporated into the
Proposal. Bidders are advised that if such reservations or exceptions
constitute a substantial deviation from the advertised terms and conditions,
their Proposals may be rendered nonresponsiveo The Bidder shall make no
additional stipulations on the Proposal nor qualify it in any other mannero
- 4 -
3 26a
L~ 81
") 7 HID SECURITY
L " ,
_.._"_..._.~- - -_........--."_.--.~.....
If so stipulated lil the Advertisement or Invitation to Bid, each Proposal
shall be accompanied by a Bid Security ~n the required form and amount
pledging that the Bidder \vi 11 enter into a Contract with the Owner on the
terms stated in his Proposal and wi 11 , if required, furnish bonds as described
hereunder In Section 3.2 covering the faithful performance of the Contract and
the payment or all obligations arising thereundero Should the Bidder refuse
to enter into such Contract or fail to furnish such bonds, if required, the
amount or the Bid Security shall be forfeited to the Owner as liquidated
damages, not as a penalty" The O\!lne r \,'li 11 have the r igh t to retain the Bid
Security of Bidders until either ( a) the Contract has been executed and bonds,
if required, have been furnished by the Contractor to whom an avlard has been
made or Cb) the s pee if i'c==d t imi3 has elapsed so that unaccepted Proposals may be
\-li. thd r a\.,n , or (c) all Proposals have been rejected~
2~8 DELIVERY OF PROPOSAL
^---_....__._---_.---_.~
Each Proposal shall be placed ln an opaque envelope and securely sealedc The
envelope shall be. so marked as to indicate the name and address or the Bidder,
the type Df ylork and the Project Designationo If mailed, the sealed envelope
shall be enclosed In a separate mailing envelope y,l i t h the notat1.0n llpROPOSAL
ENCLOSED'l on the race thereof" All Proposals shail be in the office of the
designated recipient before the tlme set for bid openlngo
2"Q OPENING OF PROPOSALS
_._._~-----_..- .-.--.-.----
Proposals lHill be opened publicly and read aloud at the time, date and place
designated 1n the Advertisemento
2 .10 EVALUATION OF PROPOSALS
---_._._-"--"- -----
The O\yn e r the . , to reject any Proposal if it sho\<.!s any omissions,
reserves rlgnt
alterations; irregularities, 18 submitted subsequent to the openlng of the
first Proposal, or 15 unaccompanied bv any required Bid Securityo The Bidder
./
further ac lcno....lledge s the right of the O\-vne r to reject all Proposals and
readvertise with the same or different Bid Documents 0 In any event, the O\vner
reserves the r igh t to \17 a 1 ve any informalities, irregularities or ffi1.nOr
deviations l.ll the Proposalll Comparison of Proposals will be made on the basis
of the stated unit prlces and unit prl.ces vIi 11 control l.n the event of a
discrepancy between the unit price and the extension or summation thereofll
2Dll CERTIFICATE OR INDEPENDENT PRICE DETERMINATION
By submission of a Proposal, each Bidder certifies tha t :
(a) The prices ~n the Proposal have been arrived at independently,
without consultation, COITIll1Unica t ion or agreement as to any matters
relating to such pr~ces \vi th any other bidder or \!li th any competitor
ror the purpose of restricting competition;
- 5 -
3 26a
~. 81
(b) The prices in the Proposal have not been or will not be knowingly
disclosed to any other bidder or competitor pr10r to the Owner's
opening of the Proposals;
(c) No attempt has been made or will be made by the Bidder to induce any
other person or firm to submit or not to submi t a Proposal for the
purpose of restricting competition.
SECTION 3
AWARD AND EXECUTION OF CONTRACT
3 . 1 A~~ARD OF CONTRACT
~.............--._._..__../..-~
\vnen the Proposal of the 1 Qyj est responsible bidder ~s accepted and within 30
days after openlng, the O\~lne r will send him the necessary Contract Documents
and a notice that the contract has been a'\tla rd ed to him, subject to the fur-
nishing of a Perforlnance and Payment Bond, where required.
3.2 PERFORMANCE AND PAYrlENT BONDS
Prior to or at the t lIne of the execution of the Agreement the Bidder deter-
mint=:.d to be the lowest responsible Bidder shall furnish a Performance and Pay-
ment Bond as security for the faithful performance and payment of all his
obligations under the Contract:: Such Bonds shall be l.n a sum equal to the
Contract Amount 0 The form of the bond shall be as the Ovlner may prescribe
here in.~ The Bond shall be executed by the Bidder and a surety company author-
ized to do business l.n the State where the ~lork 18 located" The surety
compan~y shall be listed in and the bond 1 im i t shall not exceed the amount set
forth l.n the current Department of the Treasury "Surety Companies ft...cceptable
on Federal Bonds'; issued under 12 6 D.Se Code 6-130
3..3 EXECUTION OF AGREEr1ENT
The lO\ves t responsible bidder shall, v71thin 15 days after receiving the notice
of avla rd , slgn the Agreement contained ~n the Contract Documents and return
the signed Agreement and other Contract Documents to the Owner.
304 FAILURE TO EXECUTE AGREEMENT
Upon the failure of the lowest responsible bidder to furnish an acceptable
Bond, where required, or to execute the Agreement within the time above spec i-
fied, the Ovlner may have the option to annul the avlard and retain the Bid
Security accompanY1.ng the Bid as liquidated damages and not as a penalty.
This shall not be the sole remedy of the Owner but upon default by the Bidder
the Owner may adopt any legal remedy which it may see fit to adopte
- 6 -
3526a
!~/81
3 . 5 RETURN OF BID SECURITY
All Bid Securities, except that of the 1 Ovle s t responsible bidder, \~7i 11 be re-
turned within 30 days after the date of the opening of Proposalso The Bid
Security of the 1 Qt.{ est responsible bidder will be returned upon receipt of the
properly executed Agreement and Bond~
SECTION 4
~--_.-
!?_RA\\TI NGS , SPECIFICATIONS AND RELATED DATA
4 ~ 1 INTENT OF DRAWINGS AND SPECIFICATIONS
It is the intent of the Specifications and Dr avling s to describe a complete
project (or part thereof) to be constructed 1.n accordance "\vi th the Contract
Documents.. Any \.,7 0 r k that may reasonably be inferred from the Specifications
or Dra\vings as being required to produce the intended result shall be supplied
vlhether or not 18 1.8 specifically called foro In furtherance of this intent:
4~lGl The Contract Documents comprlse the ent~re Agreement bet\~leen O~mer
and Contractor concerning the Work 0 They may be altered only by a written
change order=
40102 The Contract Documents are complementary; \;7ha t is called for by one
IS binding as if called for bv allo lIs during the performance of the
.J
Hark, the Contractor finds a confl ic t, error or discrepancy ~n the Con-
tract Documents} he shall report it to eng1.neer :in 1;v!" it ing at once and
before proceeding t.vi to the ~~o rk affected thereby; ho,\"yever ;) Contractor
shall not be liable to OiNner or Engineer for failure to report anv con-
n.}
flict, error or discrepancy ~n the Specifications or Dravlings unless Con-
tractor had actual kno\vledge thereof or should reasonably have kno\~m
thereof"
40103 \'-lh en '\010 rd s which have a well-kno\"ffi technical or trade meaning are
used to describe vlork oJ materials or equipment, such words shall be inter-
preted in accordance \<1 i t h such meaningc Reference to standard specifica-
tions, manuals or codes of any technical sac ie.ty , organization or associa-
tion, or to the code of any governmental authority, i.4'he ther such reference
be specific or by implication, shall mean the latest standard specifica-
tion, manual or code ~n effect at the time of opening of Bids (or, on the
effective date of the Agreement "J:: there 'V7ere no Bid s) , except as may be
1.1..
otherwise specifically stated.c Ho"\vever, no provision of any referenced
standard specification~ manual or code (vlhether or not specifically incor-
porated by reference 1.n the Contract Docw-uents) shall change the duties
and responsibilities of Ovlne r , Contractor or Engineer, or any of their
agents or employees from those set forth lTI the Contract Documentsc Clar-
ifications and interpretations or the Contract Documents shall be issued
by Engineer as provided for in Paragraph 4040
4 " i c 4 The Contract Documents shall be governed by the lavi or the place 0 f
the project"
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I") ORDER OF :?RECEDENCE
" L
_._,-~
If there be a conflict Det"'leen or among any of the terms or provisions of the
Contract Documents, which conflict cannot be reconciled by resorting to the
intent of this Contract under Paragraph 4~1, the conflict shall be resolved by
applying the following Order of Precedence:
(a) Agreement;
(b) Conditions of the Contract;
( c ) Specia1 Provisions;
(d ) Specifications - Specific Requirements;
(e) Specifications - General Requirements
( r.:) Dra\llings"
.L .I
4.3 DISC:REPANCIES
....._---,._~.__......._......,..-.:"'.._,....
Any ambiguity or discrepancy in the Drawings and Specifications, no matter how
seemingly insignificant to the Contractor, shall be brought immediately to the
attention of the Engineer for clarificatloTIo Any Contractor vlho fails to
bri.ng any ambiguity or discrepancy of which it f;la s or should have been aware,
sh.all assume the risk of loss of claim, and shall be allowed no claim for the
misinterpretation of the Dravlings and Specifications contrary to the intended
i:lterpretation of the Engineer..
4~4 ADDITIONAL INSTRUCTIONS
-
Fu rther or additional instructions iTI a y be issued by the Engineer during the
progress of the l\jork by the use of Dr a,\'ling s or other means to clarify the
Contract Documents or to explain or illustrate changes in the Work to be done,
/" ;", COPIES OF DRA"VIINGS AND SPECIFICATIONS FURNISHED
-r. '
Exc n"t as provided for o thervJi se, t~ve (5) copies of Drawings and
Specifications shall be furnished to the Contractor without charge,
it .6 DRAWINGS AND SPECIFICATIONS AT JOB SITE
-~-_.._--_..__._.....
One complete set or all Dra\-lings and Specifications) Addenda, approved Shop
Drawings~ Change Orders and Other Modifications shall be maintained by the
Contractor at the job site and shall be available to the Engineer at all time Sll
'f.. 7 O~VNERSHIP OF DR...A.\~INGS AND SPECIFICATION
All Dravlings and Specifications and copies thereof and other data furnished by
th,-~ Engineer are and shall remain his propertYQ They are to be used only with
respect to this Project and are not to be used on any other project, Said
dOCUlnents are to be returned or suitably accounted for to the Engineer on re-
~~glba - 8 .-
quest at the completion of the Work. Submission or distribution to meet offi-
cial regulatory requirements or for other purposes in connection with the Pro-
ject ~s not to be construed as publication ~n derogation or the Engineerfs
common law copyright or other reserved rights.
4.8 DIMENSIONS
Figured dimensions on the plans \'l i 11 be used ln preference to scaling the
Drawings. ~fu ere the work of the Contractor 1S affected by finish dimensions,
these shall be determined by the Contractor at the site, and he shall assume
the responsibility therefor.
4.9 SA11PLES
All s amp les called for l.n the Specifications or required by the Engineer shall
be furnished by the Contractor and shall be submitted to the Engineer for his
reviewo Samples shall be furnished so as not to delay the Project. The
Contractor shall furnish such s amp les of material as may be required for
examination and testing. All materials and \"orkmanship shall be III accordance
with approved s amp 1 e S 0 All samples of materials for tests shall be taken
according to methods provided for in the Specifications.
4.10 PRODUCT DATA
Product Data are illustrations, standard schedules, performance charts,
instructions, brochures, diagrams and other information furnished by the
Contractor to illustrate a material, product or system for some portion of the
~v 0 r k 0
4.11 SHOP DRA\~INGS
401101 The Contractor shall provide Shop Dra\vings, settings, schedules
and such other drawings as may be necessary for the prosecution of the
\~ork In the shop and In the field as required by the Drawings,
Specifications or Engineer's instructions. Deviations from the Dr a \-1 in g s
and Specifications shall be called to the attention or the Engineer at the
t ilTl€ of the first submission or Shop Drawings and other d ra'\vings ror
approval. The Engineeris reVleTd of any drawings shall not release the
Contractor from responsibility for such deviations.
4~11.2 Shop Drawings shall be promptly submitted by the Contractor after
he has reviewed, checked and approved the data to determine tha t they are
in harmony with the requirements of the Project and with the provisions of
the Contract Documents and arter he has verified all field measurements
and construction cr~ter~a, materials, catalog numbers and similar data.
By submitting the Shop Dr avl ings , the Contractor certifies that the work
represented by the Shop Dravlings has been coordinated vli th the Contract
Documents and all relevant field conditions.
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4.11.3 Shop Dr a\vings shall be submitted according to the folio,., ing
schedule:
(a) Three copies shall be submitt:ed with reasonable promptness and
in such sequence as to prevent delay of the Work.
(b) The Engineer shall} within fourteen (14) days of the submittal
of any Shop Dra'vings, return one copy to the Contractor marked with
corrections and changes.
(c ) The Contractor shall then promptly correct the Shop Drawings to
conform to the corrections and changes requested by the Engineer.
(d) Following completion of such correctlons and changes, the
Contractor shall promptly furnish the Engineer two cop~es of the Shop
Dr awings conforming to the required corrections and changes.
4 . 11 . 4 Engineer will revie.t'l with reasonable promptness Shop Drawings and
s amp 1 e s , but Engineer's rev l.e\V shall be only for conformance with the
design concept of the Project and for compliance with the information
g~ven ~n the Contract Documents and shall not extend to means, methods,
sequences, techniques or procedures of construction or to safety
precautions or programs incident thereto. The rev 1 e\oJ' of a separate item
as such vIi 11 not indicate reVlew of the assembly ~n which the item
functions. Contractor shall make any corrections required by Engineer and
shall return the required nUlnber of corrected cop~es of Shop Dr a,,,, ing s and
resubmit n e \v samples for reVle\:.l 0 Contractor shall direct specific
attention in writing to revisions other than the corrections called for by
Engineer on prevlous submittals. Contractor's stamp of approval on any
Shop Drawing or sample shall const:~tute a representation to Owne r and
Engineer that Contractor has either determined and verified all
quantities, dimensions, field construction cr~terla, Inaterials, catalog
numbers, and similar data or assumes rull responsibility for doing so, and
that Contractor has reviewed or coordinated each Shop Drawing or sample
\-\7 i t h the requireInents of the \~ork and the Contract Documents.
4011.5 \vhere a Shop Dr a"\-7 i ng or sample lS required by the Specifications,
no related vlork shall be cOlnmenced until the s u bUli t tal has been reviewed
and approved by Engineer.
411.6 Engineerts reVle'V-.T or approval or Shop Dra\.vings or samp les shall not
relieve Contractor from responsibility Tor any deviations from the
Contract Do CUlue n t s unless Contractor has In writing called Engineerfs
attention to such deviation at the time or submiss ion and Engineer has
glven written concurrence and approval to the specific deviation, nor
shall any concurrence or approval by Engineer relieve Contractor from
responsibility for errors or OITll S S .lons in the Shop Drawings.
4.12 QUALITY OF EQUIPMENT AND r~TERIALS
4.12G1 In order to establish standards or quality, the Engineer, lD the
Specifications, has referred to certain products by name and catalog
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number. This procedure lS not to be construed as eliminating from
competition other products of equal or better quality by other
manufacturers vlhere fully suitable in design unless otherwise specifically
stated in the Specifications or Special Provisions.
4.12.2 The Contractor shall furnish the complete 1 ist or proposed desired
substitutions prlor to executing the Agreement, together '\v i t h such
engineering and Product Data as the Engineer may require.
4.12.3 The Contractor shall abide by the Engineer's recommendation when
proposed substitute materials or items or equipment are not recommended
for installation and shall furnish the specified material or item of
equipment In such case. All proposals ror substitutions shall be
submitted In wrltlng by the General Contractor and not by individual
trades or material supplierso The Engineer \.J i 11 reVIew proposed
substitutions and make his recommendation in vir i tin g vi i t h i n a reasonable
time.
4.13 FURNISHING OF PRODUCT DATA
4013.1 The Contractor shall furnish one copy or complete Product Data ror
every manuracturered Item or equipment and all components to be used In
the Work, including specific performance data, material description,
rating, capacity, working pressure, material gage or thickness, brand
name, catalog number and general typeo
4013.2 This data shall be compiled by the Contractor and reviewed by the
Engineer before any of the equipment is ordered,
4013.3 All data shall be indexed according to specific.ation section and
paragraph ror easy reference.
4.13.4 After reVlevl) this data shall become a part of the Contract, and
may not be deviated from except upon written approval or the Engineer~
4.13.5 Product Data for equiprnent rev ie\'led by the Engineer does not In
any case supersede the Contract Documents. The reVleH by the Engineer
shall not relieve the Contractor from responsibility for deviations from
Dr a\ving s or Specifications unless he has in idrit ing called the Engineer's
attention to such deviations .....,r the time of furnishing said data. Nor
C1t...
shall such review relieve the Contractor from responsibility for errors of
any sort lTI the items furnished~ The Contractor shall check the Work
described by the Produc t Data vIi th the Contract Documents for deviations
and errorsc
4.1306 It shall be the responsibility of the Contractor to insure that
items to be furnished fit the space available. He shall make necessary
field measurements to ascertain space requirements, including those for
connections, and shall order such Slzes and shapes or equipment that the
final installation shall suit the true intent and meaning of the Drawings
and Specificationso
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4 . 13. 7 \.Jhe r e equipment requiring different arrangement of connections
from those shown 15 approved, it shall be the responsibility of the
Contractor to install the equipment so as to allow for proper operation
and in harmony with the intent or the Drawings and Specifications, and to
make all changes In the work required by the different arrangement of
connections.
4.13.8 Product Data shall be promptly submitted by the Contractor after
he has reviewed, checked and approved the data to determine if they are In
harmony with the requirements of the Project and with the provisions of
the Contract Documents and after he has verified all field measurements
and construction criteria, materials, catalog numbers and similar data.
In submitting the Product Data, the Contractor certifies that the ,vo r k
represented by the data has been coordinated with the Contract Documents
and all relevant field conditions.
SECTION 5
ENGINEER-O\fflER-CONTRACTOR RELATIONS
5 . 1 ENGINEER'S STATUS AND AUTHORITY
Engineer will be Ownerfs representative during the construction period.. The
duties and responsibilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth In the Contract
Documents and shall not be extended \oJi thou t written consent of Owner and
Engineer. The Engineer's duties and limitations include:
5..1.1 Engineer will make visits to the site at intervals appropriate to
the various stages of construction to observe the progress and quality of
the execu t e d 1>lork and to determine, ~n general, if the vlork is proceeding
in accordance \v i th the Contract Documentso Engineer will not be required
to make exhaustive continuous on-site . . to check the quality
or l.nSpectlons
or quantity of the \\7 0 r k . Engineer's efforts \V i 11 be directed toward
providing for O\'Jner a greater degree of confidence that the completed \~ork
tv i 11 conform to the Contract Documents.. On the basis of such vis its and
on-site observations as an experienced and qualified design professional,
Engineer will keep Ot-lne r informed of the progress of the ~oJ 0 r k and will
endeavor to guard O~vner against defects and deficiencies in the \vork..
5.1.2 Engineer will issue \yith reasonable promptness such written
clarifications or interpretations of the Contract Documents (in the form
of Dravlings or o the rtv i s e ) as Engineer may determine necessary, \'lhich shall
be consistent with or reasonably inferable from the overall intent of the
Contract Documents. If Contractor believes that a written clarification
or interpretation justifies an increase in the Contract Price or Contract
Time, Contractor may make a claim therefor as provided in Section 11 or
Section 12.
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5.103 Engineer \yi 11 have authority to disapprove or reject ~\fork which is
defective, and tvi 11 also have authority to requlre special inspection or
testing of the Hark as provided In Paragraph 7 . 9 , \ifhe ther or not the Work
18 fabricated, installed or c omp Ie te d . '1ne Engineer shall not have charge
of or control over the Work and shall have no authority to stop the ~~ork.
501.4 If Owner and Engineer agree, Engineer \tJ i 11 furnish a Resident
Project Representative to assist Engineer In observing the performance of
the \.Jork. The duties) responsibilities and limitations of authority of
any such Resident Project Representative and assistants vIi 11 be as
provided in these Conditions for the Engineer.
5.1.5 Neither Engineeris authority to act under this Section 5 or
e lse~7here In the Contract Documents nor any decision made by Engineer lTI
good faith either to exerCIse or not exerCIse such authority shall glve
rlse to any duty or responsibility or Engineer to Contractor, any
Subcontractor, any manufacturer, fabricator, supplier or distributor, or
any of their agents or employees or any other person performing any of the
\.J 0 r k G
5.1.6 Whenever In the Contract DOCUlnents the terms lias orderedll, "as
directedlT, nas required", "as a 11 owe d 11 , or terms of like effect or import
are used, or the adjectives "reasonablet1, t1suitableit, "acceptable1J,
lIproperil, or "satisfactoryTf, or adjectives or like effect or import are
used to describe requirements, direction, reVle'\v or judgment or Engineer
as to the \~ork , _ .l- 1S intended that such requirements, direction, reVle\v
.l.L.
or judgment will be solely to evaluate the \~ 0 r k for compliance with the
Contract Documents (unless there lS a specific statement indicating
otherwise) 0 The use or any such term or adjective never indicates that
Engineer shall have authority to supervise or direct performance of the
Hark or authority to undertake responsibility contrary to the provisions
of Paragraphs 5.107 or 5 ole 8~
5.1.7 Engineer \~7i 11 not be responsible ror Contractor's means, methods,
techniques, sequences or procedures at construction, or the safety
precautions and programs incident thereto, and Engineer \Hi 11 not be
responsible for contractoris failure to perform the \-10 r k In accordance
with the Contract Documents.
5.1.8 Engineer vI i 11 not be responsible for the acts or omlSSlons of
Contractor or of any Subcontractors, or or the agents or employees of any
Contractor or Subcontractor~ or of any other persons at the site of
otherwise performing any or the Worko
502 ASSIGNMENT OF CONTRACT
The Contractor shall neither sublet, sell, transfer, assign or other'\vise dis-
pose of the Contract or a.ny portion thereof; or of his righ t , title or inter-
est therein, or his obligations thereunder, nor, if this Contractor 1S a cor-
porate entlty, sublet, sell, transfer or asslgn a majority of the outstanding
shares of stock lTI the corporation, \'i 1 thou t prlor \~7r it ten consent or the
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O\Vne r. In case written consent 1S glven, the Contractor will be permitted to
sublet a portion of the contract or corporate stock thereof, but shall per-
form, with his own organlzatlon, Work amounting to ~ot less than 50 percent of
the total original contract cost. No subcontracts or transfer of contract or
corporate stock shall release the Contractor of his liability under the Con-
tract or Bonds"
5.3 RIGHTS OF VARIOUS INTERESTS
Wherever \-10 r k being done by the Owner's forces or by other Contractors ~s
cant 19uOUS to \~ork covered by this Contract, the respective r i gh t s of the
varlOUS interests involved shall be established by agreement to secure the
completion of the various portions of the Work in general harmony.
5.4 SEPARATE CONTP~CTS
The Ovlner may let other contracts lil connection vl i th the Work of the
Contractor" The Contractor shall cooperate with other Contractors "'lith regard
to storage of materials and executlon of their Worke It shall be the
Contractor's responsibility to inspect all "lork by other Contractors affecting
his \.10 r k and to report to the Engineer any irregularities which will not
permit him to complete n' \'JO r k lD a satisfactory mannero His failure to
ulS
notify the Engineer or such irregularities shall indicate the \vork of other
Contractors has been satisfactorily completed to recelve his ~vo r k . The
Contractor shall not be responsible for defects of which he could not have
known, vlh ich develop lTI the \.Jo r k of others after the \.]0 r k ~s completede It
shall be the responsibility or the Contractor to measure the completed work in
place and report to the Engineer immediately any difference between completed
work by others and the Drawings.
5.5 SUBCONTRACTS
Nothing herein shall create any legal relationship betT.'leen the Owner or
Engineer and any subcontractor, and no subcontractor shall have any rights
under this Contractor1s agreement v.Jith the QT.-Iner l> The Contractor1s aT.vard of
subcontracts shall be subject to the foIl O\~7 in g :
5.5.1 Unless o ther,,'j is e specified In the Contract Documents, the Con-
tractor shall, upon receipt of the executed Contract Documents, submit ~n
writing to the Owner the names of the Subcontractor proposed for the \.J'ork ~
Subcontractors may not be changed except at the request or with the con-
sent of the Ov,lner. Contractor shall not employ any Subcontractor or other
person or organization (including those who are to furnish the principal
items of materials or e q u ipmen t) , whether initially or as a substitute
against vlhom O',,~ln e r or Engineer may have reasonable objectione A Sub-
contractor or other person or organlzatlon identified in writing to Owner
and Engineer by Contractor prl.or to the Notice or Award and not objected
to In Wrl.tlng by Owner or Engin.eer prlor to the Notice of Award will be
deemed acceptable to Owner and Engineer. Acceptance or any Subcontractor,
other person or organization by O'Vlil e r or Engineer shall not constitute a
walver of any right of O\vn e r or Engineer to reject defective \~ 0 r k. If
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Owner or Engineer after due investigation has reasonable objection to any
Subcontractor, other person or organization proposed by Contractor after
the Nctice of F...vlard, Contractor shall s u bm i t another acceptable Sub-
contractor at no change in the Contract Price<) Contractor shall not be
required to employ any Subcontractor, other person or organization against
whom Contractor has reasonable objection~
5 <) 5 02 Contractor shall be fully responsible for all acts and omissions of
his Subcontractors and of persons and organlzat~ons directly or indirectly
employed by them and ot persons and organizations for -whose acts any of
them may be liable to the same extent that Contractor 1.8 responsible for
the acts and OffilSSlons of persons directly employed by Contractorc>
Nothing lTI the Contract Documents shall create any contractual
relationship be t\,leen o '\<1 n e r or Engineer and any Subcontractor or other
person or organization having a direct contract vii th Contractor) nor shall
it create any obligation on the part of Ovlner or Engineer to payor to see
to the payment of any moneys due any Subcontractor or other person or
organization, except as may o ther\'7i s e be required by 1 a,v 0 Ovlner or
Engineer may furnish to any Subcontractor or other person or organ~zat1.on,
to the extent practicable, evidence of amounts paid to Contractor on
account of specific Work done~
5.5.3 The divisions and sections of the Specifications and the
identifications or any Dr a1lli ng s shall not control Contractor ~n dividing
the irqo rk among Subcontractors or delineating the v.Jork to be performed by
any specific trade~
5 c> 5 <) 1.1,. All fdo r k performed for Contractor by a Subcontractor vIi 11 be
pursuant to an appropriate agreeTnen t bet\veen Contractor and the
Subcontractor yJh i c 11 specifically binds trle Subcontractor to the applicable
terrES and conditions ot the Contract Documents for the benefit of O\tlne r
and Engineer and contains \~7alver prOV1S1.0nS as required by Paragraph 8 ole
Contractor shall pay each Subcontractor a just share of any insurance
moneys received by Contractor on account or losses under Builder1s Risk
policies issued pursuant to Paragraph 8~lo
506 ORAL AGREEI:fENTS
No oral order, objection, claim or notice by any party to the others shall
affect or modify any or the terms or obligations contained lfl any of the
Contract Documents, and none of the provisions of the Contract Documents shall
be held to be \\jalved or modified by reason of any act '\vha t S oeve r , other than
by a definitely agreed vIa l ver or modification thereof l.il writing, and no
evidence shall be introduced lil any proceeding of any other \.'lai ver or
modificatiou<)
507 NONDISCRIMINATION IN EI~LOtt1ENT
For \vork under this Contract the Contractor must agree:
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(a) That In the hiring of common or sl<illed labor for the perfor-
mance of any work under this Contract or any subcontract hereunder, no
contractor, material supplier or vendor shall, by reason of race, creed,
color or national or~gln, discriminate against the person or persons who
are qualified and available to perform the \~ork to which such employment
relates;
(b) That no Contractor, material supplier or vendor shall, 10 any
manner, discriminate against or intimidate or prevent the employment of
any person or persons, or on being hired, prevent or conspire to prevent
any person or persons from the performance or the \vork under this Contract
on account of race, creed, color or national origin.
(c) Violation of this sectIon shall be cause for cancellation or
termination of this contract.
S.8 DECISIONS ON DISp.LGREE1-1ENTS
5.8.1 Claims, disputes, disagreements, or other matters in question
between the Contractor and the Ow-ner relating to the execution or progress
of the Work or the interpretation or the Contract Documents shall be
referred initially to the Engineer for decision vIh i c h he will render in
writing within a reasonable time.
5.8.2 Any 1 . dispute, disagreement or other matter that has been
c_alm,
referred to the Engineer, excep t any which has been waived by the making
or acceptance of final payment, shall be subject to arbitration under
Pargraph 5.9 below upon the written demand of either party. HO\"eve r , no
demand for arbitration of any such claim, dispute or other matter may be
made until the earlier of the date on \vhich the Engineer has rendered his
v7r it ten decision, or the tenth day after the parties have presented their
evidence to the Engineer or have been given a reasonable opportunity to do
so, if the Engineer has not rendered his written decision by that date.
5.8.3 If a decision of the Engineer is made in \vrit ingand states that it
~s final but subject to appeal, no demand for arbitration of a claim,
dispute or other matter covered by such decision may be made later than
thirty days after the date on which the party making the demand received
the decision. The failure to demand arbitration within said thirty days I
period will result ~n the Engineerfs decision becoming final and binding
upon the Ovlne r and the Contractor. If the Engineer renders a decision
after arbitration proceedings have been initiated, such decision may be
entered as evidence but will not supersede any arbitration proceedings
unless the decision is acceptable to the parties concerned.
5.9 ARBITRATION
5.9.1 All claims, disputes and other matters in question arising out of,
or relating to, this Contract or the breach thereof, except for claims
which have been idaived by the making or acceptance of final p aYlilen t, or
barred by failure to demand arbitration within the time 1 imi t s specified,
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shall oe decided by arbitration lTI ;::1ccordance with the Construction
Industrv Arbitration Rules r the Arnerican Arbitration Association then
Ii "
...) 1-
obtaining unless the partles mutually agree o the rw i s e ~ Prearbitration
discovery shall be conducted in accordance with Rules 26 through 37 of the
Federal Rules of Civil Procedure" The parties agree not to consolidate
the i r arbitration proceedings '\0] i t h any such proceedings to ,vh i c h the
Engineer 18 a party III i tho u t the \vritten consent of the Engineero This
agreement to arbitrate shall be specifically enforceable under the
prevailing arbitration 1 a i,.J 0 The a\vard rendered by the arbitrators shall
be f i na 1 ) and judgment may be entered upon it In accordance with
applicable 1 a \v i n a [l Y C 0 U r t h a v in g j u r i s die t ion 0
5.9.2 Notice or the dernand for b' · shall be filed in \.'lriting \"ith
ar It.ratlon
the other party to the Contract and vJ i t h the ...t\m e r i can Arbitration
J.A..ssociat ion, and a copy shall be filed idi t h the Engineer. The demand for
arbitration shall be m.ade T..,;ri thin the tlme limits specified and in all
other cases '.'1 1. t. h. 1 fl r! reasonable t iine arcer the claim~ dispute or othe r
matter lfl q lJ tC: S t 1. 0 n tl as ar1sen; and 111 no event shall It be made after the
date when institution of legal or equitable proceedings based on such
claim, dispute, or o tll er matter J_D qu!~stion \.J 0 U 1 d be barred by the
applicable statllte of limitations~
50903 Th(~ Contractor shall carry OD '[De ~'Jo rk and malntaln "[De progress
schedule during an)' arbitration proceedIngs) unless o the r\V i se agreed by
him and t: he ()'i,vne r . ,.
1 n \,7 r 1 t 1 n g ~
SECTION 6
-.----....-....--
AVAILABILITY OF LANDS: PHYSICAL
... ~-...........--...-.-.-_---------
C ~) ND I T I (] ~~~~~~~~~~_~~~~.~_ p 9 I NT S
6.1 LANDS B Y O~\TNE R
......__.~---
The O\Vn e r shall provide, not later than the date '>J h e 1.1 nec;ded by the
Contractor, the land s s 11 o\V n on the Dr a\vi ng s upon \07 hie h the ~'J 0 r k under the
Contract to be .- ~ The O'idner shall also provide r igh ts-o f-vlay for
1S perrormeG.
access thereto~ Any unreasonable delay lfi furnishing these lands bv the O\vn e r
.I
shall be deemed proper cause for adjustment In the Contract Amount and in the
time of completion.
/" ? LANDS BY CONTRACTOR
0".....
Any additional land and access thereto not shown on the Drawings that may be
required for temporary construction facilities or for storage of materials
shall be provided b ~\i the Contractor \yi th no liability to the O\\Tne r . The
Contractor shall confine hi.s apparatus and storage of materials and operation
of his \vorkmen to those areas described lI1 t 11 e Dr a \>1 i n g s and Specifications and
such additional areas which he may provide at his expense~
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Lr/Sl
6.3 PRIVATE PROPERTY
The Contractor shall not enter upon private property for any purpose without
obtaining permlss~on from the Owner thereof, and he shall be responsible for
the preservation of all public property, trees, monuments, etc., along and
adjacent to the street and/or right-of-v7ay, and shall use every precaution
necessary to prevent damage or injury thereto. He shall protect carefully
from disturbance or damage all monuments and property marks until an
authorized agent has wi tnessed or other~'lise referenced their location and
shall not remove them until directedo
6.4 SURVEYS
Unless otherwise specified, the Owner shall establish all base lines for the
location of the principal component parts of the \~ork together with a suitable
number of bench marks adjacent to the Work. Based upon the information
provided by the Owner, the Contractor shall develop and make all detail
surveys necessary for construction, including batter boards, stakes for pile
locat ions and other working points) 1 ines and elevat ions. The Contractor
shall be respons ib Ie for care fully preserving bench marks, re ference points
and stakes, and, In the case of destruction thereof resulting from his
negligence or otherwise, the Contractor shall be charged with the expense and
damage resulting therefrom and shall be responsible for any mistakes that may
be caused by the unnecessary loss or disturbance of such bench marks,
reference points and stakeso
6~S UTILITIES
The contractor shall be solely responsible for verifying the exact location of
all utilities~ Prior to the start of any construction, the Contractor shall
notify all utility companles having utilities ~n the Project areao The
Contractor shall have sole responsibility for providing temporary support and
for protecting and maintaining all existing utilities l.n the Project area
during the entire period of construction, including but not limited to the
period of excavation, backfill and compactiono In carrY1ng out this
responsibility, the Contractor shallexerc~se particular care, whenever gas
ma~ns or other utility lines are crossed, to provide compacted backfill or
other stable support for such lines to prevent any detrimental displacement,
rupture or other failureo
606 INVESTIGATIONS
Reference is made to the Specifications for 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 1n preparation of the Drawings and
Spec ifications <J Such reports are not guaranteed as to accuracy or
completeness and are not part of the Contract Documents 0
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607 UNUSUAL CONDITIONS
Contractor shall promptly notify Owner and Engineer J..n vlriting of any
subsurface or latent physical conditions at the site or l.n an existing
structure differing materially from those indicated or referred to l.n the
Contract Documents~ Engineer will prompt ly revie\v those conditions and advise
O"\VTI e r in writing if further investigation or tests are necessaryo Promptly
thereafter, Ovlne r shall obtain the necessary additional investigations and
tests and furnish copies to Engineer and Contractorll If Engineer finds that
the results of such investigations or tests indicate that there are subsurface
or latent nhvsical conditions tvh ich differ materially from those intended in
i. J
the Contract Documents, and \-lh ic h could not reasonably have been anticipated
by Contractor, a Ch ange Order shall be issued incorporating the necessary
revisionsQ
SECTION 7
rvIATERIALS, EQUIPMENT AND WOR~~NSHIP
7Ql MATERIALS AND EQUIPMENT FURNISHED BY CONT~~CTOR
7 0 III 1 Contractor shall furnish all materials, equipment, labor,
transportation, constructl.on equipment and machinery, tools, appliancess
fue 1 , power, light, hea t s telephone, v.7a t e r and sanitary facilities and all
other facilities and incidentals necessary for the execution, testing,
initial operation and completion or the \~ork II
7 e III 2 .A_II ma ter ial s used In the i/lork shall be of good quality, ne"\v unless
other\.'lise provid.ed for l.n the Contract Documents, shall meet the
requl.rements of the Specifications, and shall not be incorporated into the
vlork until revie~ved by the Engineer:! If required by Engineer, Contractor
shall furnish satisfactory evidence (including reports of required tests)
as to the kind and quality of materials and equipment~
701~3 All materials and equipment shall be applied, installed, connected,
erected, used, cleaned and conditioned in accordance with the instructions
of the applicable manufacturer, fabricator, supplier or distributor,
except as otherwise provided In the Contract Documents 0
702 MATERIALS FURNISHED BY OWNER
711201 I'1a ter ia 1 s specifically indicated shall be furnished by the O~7ner Q
Before incorporating any of the materials into the \~ 0 r k , the Contractor
shall l.nspect the materials so furnished by the O'wner 0 If the Contractor
discovers any patent defects in material furnished by the Ovmer, he shall
notify the Engineero
7:2102 Unless othervlise noted or specifically stated, materials furnished
by the O\!lne r are considered to be fooob~ the nearest railroad station or
truck ' . The Contractor shall transport the materials to the j ob site,
.1.. l.ne 10
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unload and properly protect all such materials from damage or lasso The
Contractor shall be responsible for material loss or damage after receipt of
materials at the point of delivery~
7.3 STORAGE OF MATERIALS
Materials shall be so stored by the Contractor as to ~nsure the preservation
of their quality and fitness for the \~ork 0 ~lh en considered necessary, they
shall be placed on wooden platforms or other hard, clean surfaces, and/or they
shall be placed under cover and not on the ground 0 Stored materials shall be
located so as to facilitate prompt inspection~ Private property shall not be
used for storage purposes \tli thou t the \'lr it ten permission of the Owner or
lessee thereof \I
704 OBSERVATION OF ~'lOR_R
All materials and equipment and each part or detail of the \.J 0 r k shall be
subject at all times to observation by the Engineer and the Owner, and the
Contractor will be responsible for strlct adherence to the true intent of the
Specifications In regard to quality of materials, workmanship, and the
diligent execution of the i/7ork u Such observations may include mill, plant, or
shop . . and material furnished under these Specifications
l.nSpectlon) any 18
subject to such observation", The Engineer shall be allowed access to all
parts or the Work and shall be furnished w'ith such information and assistance
by the Contractor as 1.8 required to make his observations and construction
reVle'f]0
705 CONTRACTOR;S SUPERINTENDENCE AND WOPJZERS
7 :l 5 0 1 L\ competent superintendent, \,\7 h 0 18 a.cceptable to the Ow-ne r , shall
be maintained on the ~.Jo rk site and give efficient supervision to the Work
until its completion., The superintendent shall have full authority to act
on behalf or the Contractor, and all cornmunicat ions given to the
superintendent shall be as binding as OJ: given to the ContractoTo
1.L
Important c OlTIIilUn ~ca t ~ons shall be confirmed by the Engineer ~n writingo
Other communications shall be so confirmed upon written request of the
Contractor~ It shall be the responsibility of the Contractor's
superintendent to coordinate the work of all the Subcontractors 0 When
required, the superintendent shall be present on the site to perform
adequate supervision and coordination~
7.502 Contractor shall provide competent, suitably qualified personnel to
survey and lay out th.e \~ 0 r k and perform construction as required by the
Contract Documents~ Contractor shall at all times maintain good
discipline and order at the s~teo
7 .. 5 .3 The Contractor shall at all times be responsible for the conduct
and discipline of his employees and/or any Subcontractors. All workmen
must have sufficient kno\vledge, skill and experience to perform properly
the work assigned to themo Any foreman or workman employed by the Con-
tractor or Subcontractor \vho does not perform his \vo r k ~n a skillful man-
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ner, or appears to be incompetent or to act In a disorderly or intemperate
manner shall be discharged immediately and shall not be employed aga~n in
any po~tion of the Work~
706 CUTTING AND PATCHING
The Contractor shall do all necessary cutting, .r:~ · or patching of the Work
l.1.x~ng
that may be required to make its several parts fit together properly, or to
properly receive the ~J. 0 r k of the various trades, OL3 as required by the
Drawings and Specifications, to complete the Work 0 He shall restore all such
cut or patched ~vork as approved by the Engineero Cutting of existing
structure that shall endanger the ~~ 0 r k , adjacent property, workmen or the
public shall not be doneo
707 WAR~~NTY AND GUARANTEE
Contractor vlarrants and guarantees to O'\vn e r and Engineer that all "Vlork ~Jill be
1.n accordance I,V i t h the Contract Documents and will not be defectivell Prompt
notice of all defects shall be glven to Contractoro All defective vIa rk,
vlhether or not in place, may be rejected, corrected or accepted as provided in
Paragraph 7012\1
708 ACCESS TO ~AI0RK
Engineer and Engineer1s representatives, other representatives of Owner,
testing agencles and governmental agencies v7i th jurisdictional interests vIi 11
have access to the ~'lo rk at reasonable times for their observation, inspection
and testingc Contractor shall provide proper and safe conditions ror such
access",
709 TESTS AND INSPECTIONS
7 c 9 c 1 Contractor shall give Engineer timely notice of readiness of the
Ylork for all required . . tests or approvals~
l.nspect~ons,
70902 If any 1 a '>1 , ordinance, rule, regulatiou3 code, or order or any
public body having jurisdiction requ~res any Ttlo r k (or part thereof) to
specifically be inspected~ tested, or approved, Contractor shall assume
full responsibility therefor, pay all costs in connection therew.ith and
furnish Engineer the required certificates of inspection, testing or
approvalc Contractor shall also be responsible for and shall pay all
costs cannec t ion vIi th . ~ testing required in connection
l.n any lnspect~on or
~li th Owner1s or EngineerVs acceptance or a manufacturer, fabricator,
supplier or distributor of materials or equipment proposed to be
incorporated In the \~ 0 r k , or or materials or equipment submitted for
approval to Contractoris purchase thereof for ~ . the
pr~or l.ncorporat~on ~n
~vork ~ The cost of all other inspections, tests and approvals required by
the Contract Documents shall be paid by O~mer (unless otherwise specified)Q
709.3 All inspections, tests or approvals other than those required by
1 a'\y , ordinance; rule, regulation, code or order of any public body having
jurisdiction shall be performed by organizations selected by or acceptable
to O\ilner or Engineer!>
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70904 If any Work that ~s to be inspected, tested or approved is covered
without written concurrence of Engineer, it must, if requested by
Engineer, be uncovered for observationo Such uncovering shall be at
Contractor's expense unless Contractor has given Engineer timely notice of
Contractor's intention to cover such Work and Engineer has not ac ted wi th
reasonable promptness In response to such noticeo
70905 Neither observations by Engineer nor inspections, tests or
approvals by others shall relieve Contractor from his obligations to
perform the Work in accordance with the Contract Documentso
7010 UNCOVERING vlORK
If any Work lS covered contrary to the written request of Engineer, it must,
if requested by Engineer, be uncovered for Engineerts observation and replaced
at ContractorIs expenseo If Engineer considers it necessary or advisable that
covered Work be observed by Engineer or inspected or tested by others,
Contractor, at Engineeris request, shall uncover, expose or otherwise make
available for observation, inspection or testing as Engineer may required,
that portion of the '\r'lo rk 1.n question, furnishing all necessary labor, material
and equ~pmen t 0 If ~t is found that such Work ~s defective, Contractor shall
bear all the expenses of such uncoverlng, exposure, observation, inspection
and testing and of satisfactory reconstruction, including compensation for
additional professional serV1.ces, and an appropriate deductive Change Order
shall be issuedo If, hOi:Jever, such 1\1 0 r k lS not found to be defective,
Contractor shall be allowed an l.ncrease l.n the Contract Price or an extension
of the Contract Time, or both, directly attributable to such uncovering,
exposure, observation, inspection, test~ng and reconstruction if he makes a
claim therefor as pro\7ided hereino
7011 OWNER ~^iAY STOP THE ~vORK
If the Work ~s defective, or Contractor fails to supply sufficient skilled
v.Jorkmen or suitable materials or equipment, O\vner may order Contractor to stop
the Work, or any portlon thereo f , until the cause for such order has been
eliminated; hOvleve r, this right of Ovlner to stop the \"'70 r k shall not g~ve rise
to any duty on the part of Owner to exercise this r igh t for the benefit of
Contractor or any other part Yo
7.12 CORRECTION OR REMOVAL OF DEFECTIVE~JOR.1Z
If required by Engineer, Contractor shall promptly, without cost to Owner and
as specified by Engineer, either correct any defective ~~ 0 r k , 'whether or not
fabricated, installed or completed, or, if the Work has been rejected by
Engineer, remove ~t from the site and replace it with nondefective Worko
7.13 ONE YEAR CORRECTION PERIOD
If ~vi thin one year after the date of Substantial Completion or such longer
period of time as may be prescribed by lavl or by the terms of any applicable
special guarantee required by the Contract Documents or by any specific pro-
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VlSlon of the Contract Documents} any \-~ 0 r k is found to be defective, Con-
tractor shaLl promptly, without cost to Owll e r a'1d In accordance vIi th Ovmer l S
\vritten instructions~ either correct such defect ive Work, or} if it has been
rejected by O\,.v-ne r , remove It tram the S1.te and replace it vli t h nonderective
Work. If Contractor does not promptly comply v] i th the terms of such
instructions, or lTI an emergency where delay would cause serious risk of loss
or damage, OvJner may' have the defective \~ork corrected or the rejected vJork
removed and replaced, and all direct and indirect costs of such removal and
replacement, including compensation ror additional professional servJ...ces,
shall be paid by Contractoro
7.14 ACCEPTANCE OF DEFECTIVE WOP~~
If, instead of requiring correction or removal and replacement or defective
Work, Owner (and, prlor to Engineer1s recomrnenaat ion of final payment, also
Engineer) prefers to accept l t, O'\vn e r may do so Q In such case, if a~ceptance
occurs prlor to Engineer1s recommendation or final payment, a Change Order
shall be issued incorporating the necessary revisions in the Contract
Documents, including appropriate reduction in th.e Contract Price; or, if the
acceptance occurs arter such r e cOTnmenda t ion, an appropriate amount shall be
paid by Contractor toOt/In e T .
7 . 15 O\~TNER IvlAY CORRECT DEFECTIVE v.JORlZ
If Contractor rails ~~.7ithin a reasonable tlme after w>r it ten notice or Engineer
to proceed to correct and correct defective i:;Jork or to remove and replace
rejected \-.] 0 rk '" .c required by Engineer in accordance with Paragraph 7~12, or if
C!..<...i
Contractor fails to perform the \'Jork l.TI accordance '/iith the Contract Documents
(including any requirements of tbe progress schedule) , O,-qn e r may, aft.er seven
days' vjritt.en notlce to Contractor;; correct and remedy any such deficiencyo
In exerclslng ; . r igh t s llnder this paragraph, Oifln e r shall proceed
rllS
expeditiol1s1y~ To the extent necessary to complete corrective and remedial
action, OvIn e r may exclude Contractor tram all part of the . . take
or Sl'Ce,
posseSSlon of all or part of the ~"lork , and suspend ContractorIs serVices
related thereto~ take possesslon of Contractoris tools, appliances,
construction equlpment and machinery at the site and incorporate ~n the l-Jork
all materials and equipment stored at the site or ror vlhich OliVner has paid
Contractor but vlh ich are stored e 1 seyjhe r e" Contractor shall allow Ovmer,
Ot"ner 1 S representatives, agents and employees such access to the site as may
be necessary to enable o \:'me r to exerClse his rights under this paragrapho All
d irec t and indirect costs at O'\vner l.TI eX.ercis ing such rights shall be charged
against Contractor In an amount verified by Engineer, and a Change Order shall
be issued . . the the Contract Documents and
l.ncorporatl.ng necessary reVlSlons In
a reduction l.n the Contract Price. Such direct and indirect costs shall
include, In particular but vllthout limitation, compensation for additional
professional serVl.ces required and all costs of repalr and replacement of \.-lork
of others destroyed or damaged by correct1.on) removal or replacement of
Contractor!s defective \'10rk" Contractor shall not be a.llovled an extension of
the Contract Time because or any delay in performance of the Work attributable
to the exercise by O~mer of Ovmerls rights hereundero
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SECTION 8
INSURANCE, LEGAL RESPONSIBILITY
PUBLIC SAFETY AND :flISCELLANEOUS
8.1 INSURANCE
8.1.1 General: The Contractor shall not commence work under this
contract until he has obtained all ~nsurance required under this Section
and shall have filed the certificate of insurance or the certified copy of
the ~nsurance policy with the Owne r and Engineer. The Contractor shall
not a 11 0\0] any Subcontractor to commence work on his subcontract until all
~nsurance required for the Subcontractor has been obtained. Each
lnsurance policy shall contain a clause providing that it shall not be
cancelled by the lTISUrance company without ten (10 ) days written notice to
the Owner and Engineer of intent to cancel.
Certificates of l.nsurance shall be submitted on Standard Form C.loC.C.-701
or ACORD 25 forms and shall specifically note the clause providing for 10
day written notice to the Ovmer and Engineer of intent to cancelo
8.102 \-\10 rkma n 1 s Compensat ion C' Employer Liability Insurance: The
C!
Contractor shall secure and ma~ntaln during the life of this Contract,
Workman 1 s Compensation and Employerfs Liability Insurance as required by
law for all his employees to be engaged directly or indirectly in the work
on the project under this Contract.. In case any work is sublet, the
Contractor shall requlre the Subcontractor to similarly provide v.lorkme n IS
Compensation and Employer's Liability Insurance for all the latter's
employees to be engaged directly or indirectly In such work.. The
Contractor shall also maintain insurance required under any other Employee
Benefit Acts in force or required by law at the site of construction.
801.3 Contractor Comprehensive General & Automobile Liability: The
Contractor shall procure and maintain during the life of this Contract,
Contractor's Comprehensive General and Automobile Liability Insurance
'vh i c h shall protect him from c la ims for damages for personal ~nJury,
including accidental death, as well as from claims for property damage
which may arise from operations under this contract, whether such
operations be by himself or by any Subcontractor or by anyone directly or
indirectly employed by either of them. The insurance shall be ~n amounts
listed below and shall provide coverage under the following hazards:
1 . Operations of Contractor
2 . Operations of Subcontractor (Contingent)
3.. Products, including completed operations 0 This insurance 18 to be
carried for a period of one year after completion or acceptance of the
work 0
40 Contractural Liability (See Section 8.105)
5 0 Property Damage
60 Broad Form Property Damage
7 . All Ovmed, Non-Owned and Hired Vehicles
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Minimum Limits - General Liability
1 ~ Bodily injury $500,OOOQOO each occurrence
$500,OOOQOO completed operations
2 0 Property damage $100,000000 each occurrence
$200,000000 aggregate
Minimum Limits - Automobile Liability
1 0 Bodily injury $250,000.00 each person
$500,000000 each occurrence
20 Property damage $lOO,OOO~OO each occurrence
$200,000.00 aggregate
It is required that basic exclusions for damage caused by explosion, collapse
and damage to underground facilities!; commonly kno\~Jnas X, C, U exclusions, be
removed from the policies and so indicated as covered in the declaration and
on certificates of insurancE. This provision or the Conditions of the
Contract will be vla~ved on above ground projects where hazards of explosion
and/or collapse do not existo The exclusion ot explosion "\;7 i 11 be waived on
underground projects where blasting ~s not required and i/lhere the hazards of
explosion do not exist.
In addition to all or the listed coverages) the Contractor shall procure and
ma~nta~n an Umbrella Excess Liability Policy l.TI a. minimum 1 imi t of
$1,000,0000000
801.4 Builder1s Risk Insurance: Before C Offirnenceruent of the \~ork , the
Contractor shall provide Builderis Risk Insurance on a multiple peril form
in the full amoun t of the total constructlon and material contract:. Such
insurance shall contain an appropr1.ate . , to include as Additional
r1-uer
l~amed Insureds, the O\17ne r , the Engineer and his consultants, and each of
their rJ:.- employees and agents, all subcontractors, the equipment
or.L~cers,
contractors and all of their subcontractors on the constructIon premiseso
Such insurance may have a deductible clause but the deductible amount
shall be borne by the Contractor and shall not exceed $l,OOO~OO~
The Builderis Risk Insurance required h.erein shall apply to projects
involving construction of structures and building onlyo The requirements
of this section shall be Ylaived on projects involving only underground
utilities, grading" street improvements and similar construction work, but
any damage or loss to property shall be the sole responsibility or the
Contractor until final acceptance of the Work~
If the Ovlne r finds it necessary to occupy or use a portion or portions of
the 'dark prior to substantial completion thereof, such occupancy shall not
commence prior to a time mutually agreed to by the O,\rlner and Contractor
and to which the ~nsurance company or companies providing the property
~nsurance have consented by endorsement to the policy or policieso This
insurance shall not be cancelled or lapsed on account of such partial
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occupancy .~ Consent of the Contractor and of the insurance company or
companies to such occupancy or use shall not be unreasonably withheld~
The Owner and Contractor waive all rights against each other and the
Subcontractors and their agents and employees and against the Engineer and
separate contractors ( · r any) and their subcontractors' agents and
lI"
employees, ror damages caused by fire or other perils to the extent
covered by lTISUrance provided under this section or any other property
insurance applicable to the \Vorkll
80105 Contractural Liability Insurance: To the fullest extent permitted
by law, the Contractor shall · ." · .c and hold harmless the Owner and the
ina.emnl..LY
Engineer and their agents and employees from and against all claims,
damages, losses and expenses, including but not 1 imited to attorneys' fees
arising out of or resulting from the performance of Work provided that any
such c 1 a iln :! damage, loss or expense (1 ) ~s attributable to bodily injury,
sickness, " . or death, or to lnJury to or destruction of tangible
Q1SeaSe
property (other than the ~~ork itself) including the loss of use resulting
therefrom, and (2) 1.8 caused l.n \'lho 1 e or ~n part by any negligent act or
omission of the Contractor, any Subcontractor, anyone directly or
indirectly employed by any of them or anyone for whose acts any of them
may be liable:. regardless ot \~lhe the r or not ; .{- 18 caused 1U part by a
_t...
party indemnified hereunder 0 Such obligation shall not be construed to
negate~ a.b ridge or o ther\,~jis e reduce any other r igh t or obligation of
indemnity 1 · 1 \~lould otherwise eXl.st as to any party or person described
~~7n 1. en
in this Sectiono
In any and all claims agal.ilst the OtJJne r or the Engineer or any of their
agents or employees bv any employee of the Contractor, any Subcontractor~
.I
anyone directly or indirectly elnp 1 oyed by any of them or anyone for ,,,hose
acts any of them may be liable, the indemnification obligation under this
Section shall not be limited l.il any tvay by any limitation on the amount or
type of damages, compensation or benefits payable by or for the Contractor
or any Subcontractor under \.vorker~ s or tiJorkm.en' s compensation acts,
disability benefit acts or other employee benefit actso
80106 Minimum Insurance Requirements: Losses other than those covered by
insurance shall be the sole responsibility of the Contractors 0 The
insurance requirements as set forth herein shall be considered to be
minimum requirements onlyo Any other insurance that may be necessary to
provide adequate coverage must be provided by the Contractors and shall be
their sole responsibilityv
802 PATENTS, FEES .AND ROYALTIES
Contractor shall pay all license fees and royalties and assume all costs inci-
dent to the use l.n the performance of the vJork of any invention, design,
process, product or device \vhich 18 the subject of patent rights or copyrights
held by otherso If a particular invention, design, process, product or device
is specified l.il the Contract Documents for use in the performanc.e of the Work
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and if to the actual kno'\vl edge or Ovlil e r or Engineer its use ~s subject to
patent ri~hts or copyrights calling :tor the ~ayment of allY license fee or
royalty to others, the ex~stence of such rights shall be disclosed by Ovmer in
the Contract DocumentSl> Contractor shall indemnify and hold harmless O\vner
and Engineer and anyone directly or indirectly employed by either of them from
and against all ciaims, damages, losses and expenses (including attorneys'
fees) arising out or any infringement of patent rights or copyrights incident
to the use ~n the performance of the \\iork or resulting from the incorporation
~n the ~.Jork or any invention" design, process, product or device not specified
in the Contract Docurnents, and shall defend all such claims in connection with
any alleged infringement of such rightso
803 PER11ITS AND LICENSES
All permits and licenses necessary ror the prosecution of the vlork shall be
secured by the Contractor prl.or to the commencement of the \l]O r ko Contractor
shall also pay all public utility charges, governmental charges and inspection
feeso
804 LA"\tlS , REGULATIONS AND SAFETY
8.401 Contractor shall g1.ve all not~ces and comply with all 1 a\tlS ,
ordinances, rules and regulations applicable to the ~\fork 0 -:-J;. Contractor
1..l..
observes that the Specifications or Dr a\~lil1g s are at variance there~ji th, he
shall g~ve Engineer prompt \;Vr 1. t ten notLce thereof, and any IteCessary
changes shall be adjusted by an appropriate Change Order or other
ModificationQ If Contractor performs any \\lork. knov-ling or being In a
position to knO"Vl l.t to be contrary to such 1 8vlS , ordinances:; rules and
regulations) and vli thou t such notlce to Engineer, he shall bear all costs
arising therefrom; hOt17ever, it shall not be his pr1.mary responsibility to
make certain tha t the Specifications and Dravjings are in accordance vii th
such laws, ordinances, rules and regulations~
80492 Contractor shall be responsible for initiating, maintaining and
superv1.sl.ng all safety precaut1.ons and programs ~n connection vIi th the
\V 0 r k 0 He shall take all necessary precautions for the safety of, and
shall provide the necessary protect1.on to prevent damage, ~nJury or loss
to:
( a) all employees on the \Alork and other persons \vho may be affected
thereby;
(b) all the Work and all materials or equipment to be incorporated
therein, \-vhe ther in storage on or off the site; and
(c) other property at the site or adjacent thereto, including trees,
shrubs, la'\-'Tns :; vIa lks , pavements, road"\vays, structures and utilities not
designated ror rerrloval -' relocation or replacement In the course or
construction:>
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8.4.3 Contractor shall comply vi i t h all applicable 1 aws , ordinances,
rules, regulations and orders of any public body hav i ng jurisdiction for
the safety of persons or property or to protect them from damage, injury
or loss" He shall erect and maintain, as required by the conditions and
progress or the Work, all necessary safeguards for its safety and protec-
tion. He shall notify ovmer s of adjacent utilities when prosecution of
the Work may affect them. All damage, injury or loss to any property
referred to in Section 8.4.2(b) and (c) caused, directly or indirectly, J.n
vlh ole or l.n parts by Contractor, any Subcontractor or any directly or
indirectly employed by any of them or anyone for '\.Jho s e acts any of them
may be llable, shall be remedied by Contractor. Contractor's duties and
responsibilities for the safety and protection of the Work shall continue
until such time as all the ~Jork is completed and Engineer has issued a
notice to Owner and Contractor that Work is acceptableo
8041>4 Contractor shall designate a responsible member of his organization
at the site vlhose duty shall be the prevention of accidents. This person
shall be Contractorls superintendent unless otherwise designated ~n
writing by Contractor to Owner.
S o~... 5 Contractor agrees to indemnify the Ovlner and Engineer and their
agents and employees against all cla.ims, demands, losses, damages and
expenses (including attorneys' fees) ar1.S:Lng out of or resulting from the
contractor's 'violation of any safety 1 a~J , regulation or code (including
without limitation OSt-lA) or any other prudent precautiono
805 WARNING SIGNS AND BARRICA~ES
The Con tr a~c tor shall provide adequate signs, barricades, colored lights and/or
\!latchmen and take all necessary precautions for the protection of the '\.'Jork and
the safety of the public~ All barricades and obstructions shal i be protected
at night by colored signal lights \;vh i c h shall be kept in operation from sunset
to sunriseo
806 PUBLIC CONVENIENCE
The Contractor shall at all times so conduct his 'i.<70 rk as to ~nsure the least
possible obstruction to traffic and . . to the general public and
~nconven~ence
the residents l.n the vicinity of the \~O r k , and to ~nsure the protection of
persons and property~ No road or street shall be closed to the public except
vli th the perm~ss~on of the O\Jil e r and proper governmental authorityo Fire
hydrants on or adjacent to the ~'Jo r k shall be kept accessible to fire-fighting
equipment at all t l.me s .~ Temporary prov~s~ons shall be mad,e by the Contractor
to ~nsure the use of s ide'\'lallzs and the proper functioning of all gutt.ers,
inlets, drainage ditches and . . . ditches, which shall be
sewer lrrl.gat1.on not
obstructedc
8117 CROSSING UTILITIES, ETCc
Where the prosecutlon or the \~ork results ~n the cross~ng of highY-lays, rail-
road s , streets or utilities under the jurisdiction of state, county, city or
- 28 -
3526a
4/81
other public or private entltles~ the Contractor shall secure \-1r.c it ten perm1.S~
sian from the proper allthor~ty to cross said h igh~lray J railroad; street or
utility before further prosecuting the i;Jorke "... copy of the "i.qrltten document
granting permission shall be filed \~7i th the Ov71l.e r and ~ .: ..--. .--. -.'"" before any \~lork
~ngl.!.lt;;eL
~s donel> The Contractor shall be required to obtain a T;lr it ten release from
the applicable authority upon COfnp le t ion or the \~lorko A copy of this written
release shall be filed vJi th the Oi?Jne r and Engineer before final acceptance of
the Work 1-8 gr an ted .~
8;8 SANITARY PROVISIONS
The Contractor shall provide and Iuaintain such sanltary facilities for the use
of his employees and those of his Subcontractors as may be necessary to cornply
vIi th the 1 a\~7S , rules or regulations of ttle Federal; State and local
governments, or agenCies or departments thereof"
8c9 PRESERVATION OF HISTORICAL OBJECTS
8Q9,,1 \.fu ere historical objects of potential archeological or
paleontological nature are discovered \c~Jithin the areas on \vh i c h the
Contractor's operatIons are 1.f1 progress, ttle Contractor shall restrict or
suspend his operations in the immediate area of the discovery as fila y be
necessary to preserve the discovered objects until the Ovlner has made
arrangments for their disposition or has recorded the desired data
relative thereto"
8c9~2 The Contr.actor shall immediately notify the O\~7n e r or any historical
objects he may discover or become aV7are of as the i.J 0 r k is being
prosecuted~ and shall aid l.Il the preservat~on and salvage program decided
upon} as may be requested or ordered by the Ovlne r Q No \t] 0 r k which the
Contractor corrslders to be Extra vJork shall be perfonned ,\:,7i thou t the
written authorization of the Owner~
8 0 3 The O-r..qn e r shall have the r igh t to restrict or suspend the
Q 7
Contractor1s operations In the irn~med ia t e area where historical objects are
discovered tor a period not to exceed 72 hours, v7i thou t claim be ing rnade
by the Contractor for any damages he might suffer as a result thereof.,
Any restrictions irnposed shall not remalil in effect for a period exceeding
72 hours unless mutual agreed to in writing~
8,,10 USE OF PREr\'iISES
--
Contractor shall confine construction equ1.pment;) the storage of E1aterials and
equ1.pment and the operatlons or vlorkrnen to areas permitted b"'\? 1 a \'1 :5 ordinances,
.I
permlts or the requlren1ents of the Contract Doc tilll en t s :; and shall not
unreasonab l:y encuruber the premises v7i t h construction equ~pTnent or other
materials or equiprrrent 1>
.~~ 29 ~~
3526a
4/81
SECTION 9
"11I"_...._----....--
PROGRESS AND COMPLETION OF WO~R
.. ...
9~1 NOTICE TO PROCEED
The date of corruuencement of the Work is the date set forth in the Notice to
Proceedo If there is no Notice to Proceed) commencement shall be the date of
the Contract or such other date as may be established thereino Thereupon, the
Contractor shall begin and shall prosecute the Work regularly and without in-
terruption, unless otherwise directed in \~rriting by the Owner, with such man-
power and equipment as is necessary to complete the Work within the time
stated in the Contract Documents 0
902 CONTRACT TIME
- w
The Contractor shall complete, in an acceptable manner, all of the Work con-
tracted for in the time stated in the Contract Documents, subject only to ex-
tension for unforeseeable delays above and beyond the control of the Contrac-
tor and his Subcontractors and without their fault or negligenceo :Notice of
the Contractor claim for such extension shall be given within 15 days of the
occurrence of the event giving rise to the claim; otherwise the claim shall be
\vaivedl)
9c3 SCHEDULE OF COMPLETION
The Contractor shall submi t, at such time as may reasonably be requested by
the Engineer, schedules which shall show the order in \yhich the Contractor
proposes to carryon the Work, with dates at which the Contractor will start
the several parts of the Work and estimated dates of completion of the several
parts~
904 USE OF COt.iPLETED PORTIONS
The Owner shall have the right to take possession of and use any completed or
partially completed portions of the \~ork, notwithstanding that the time for
completing the entire Work or such portions may not have expired 0 The Owner
~7i 11 seek to minimize the delay to the Contractor occasioned by the Owner's
occupancy before AcceptanceQ
905 COMPUTATION OF TIME
wnen any period or time is referred to in the Contract Documents by days, it
shall be computed to exclude the first and include the last day of such peri-
odo If the last day or any such period ralls on a Saturday or Sunday or on a
day made a legal holiday by the law of the applicable jurisdiction, such day
shall be omitted from the computation~
~ 30 -
3595a
4/81
9~6 LIOUIDPl.TED
.........--...--Ir'_..--..__---.,:-~-.;.:.o'.._~.,....~.,....
\...j I" 1 rf iU1e r::, 0 11 t:. The Contractor tl-lereby
',- ""- ",";
agrees that the - l.e!j to s for failure on the
part ot the con ac to COrEl!) 1 e"):.e the Work within the time 1 iTUi ts
for --- t:tl:e C-OIl t 'r~ ae Doc UT11erlt: s ~
9 ;:,0 L tall to COIIlp 1 e te trle r2Ct on or be-';
s .~ 1: j the amOuIlt specified
be d,edueted - -.:- ~
lal - tram any mOTI1eS due or
.Que to shall be to the O\tjTler not as a
~".... as liquidated s for each and every calendar day
uu
that :cn,e contract shall remain uncompleted after the specified date
for C 011"1"01 e t: ion" L idate.d daraages are specified herein because of
and establishing the actual
d a.rrrag e s ich ' ~
su:s La1I'1
SECTIO:t<f 10
-~_.----..........-
{'.1EA SURE t<CE NT A:ND P.F:...'Yt/IE NT
----~~....-~~.~._~~~..
P<J:<[OUNT
--..;v..................~_-.;r_:!"::_........::~:.~-..-...^.;,...~"':...-...:,..._:~_.~::.-..--..4:~~.....:;<:-.......~_;:.:......................._"............:...::.!":.-~:...:;,.....,......,..:::.......~'......;~."..~_./~,,....-......:;..........~.'~.w.~""'""-::....,:_::____:~,_
[ case -: ("'j .c..:: r 0 YIOp111 1.-ue .bas L.S un.der the
tract Doc Uflle'i.lt 8 :; the Con ractor shall !/ll t:tlln ten of rece ot 'tne
i~O 1--i t.r a<:: Docwnen s S uI)TIll all itemized breakdown r the Contr ac t MnOul1 t
the ~}a lue;; includ an allo\!rance tor: profit and o\lerhead ~ as s ~gn;eci to each
\",Jo Contrac tA1nount lS object'ed 'Co
.S r~i a 1 the basis for all Requests tor ..;...
) L .::
lO~2 [ZEQUE S1~_ FQ~~~ PL'i}iE~l~
The Contra.c Hlay subrn iodically; but i10 t rnore than onC'2 e ac tl IHon tb a
Request Ior: tor done and materials delivered and stored on
slteg P a yrnen t rOI' rnate ials stored on tl1e s.i .t.:e .:v7i 11 be conditioned on tt12
-- ...,~ M- ll=
to 1 iO'ijJ 1 ng:
\2. evidence to establish the OvTner s
tl.tle to such rnate
b) r... .."""} t.a.b 1 e Dr Qc\l ~ S lOllS Ilave been made tor star'age"
(c) I' ac to!" st~:al i provide .,.. ~ -,j,: ~ "
a.nd m.a~ntaln lusurance agalnst
;;i toss thett) v aIllia 1 sIn, d.aTnage and siIIlilar peril rOT the full
\?a 1 ue ot :Clle tored fO.a ter ia 10 ance on the s tor' ed Hia ter:La 1
s:tl..al ct .;;:;,
~
"'.
...f
3.5t95
Each .. ~ ~ cOlnputed fr0111 the \A/erk comple-
8t .LUi -8, YIne t t: :2111:l~ zed :d 1~1 d
tea on all 1- 't 2111."8 of Con.trac t p...lUount\l \\fhere
UIllt pr J_ce s are specified; #: for payrnent shall be based on the quan-
tities completed .() The pay to the Contractor an amount not to ex-
ceed 95% of the . .~.~ the Contr,:iC r~ subject to the approval out-
amount earnea unaer
lined lTI See :Lon 101'3 and t 1~i:2 Blons of S:ection 10 4 and 101)5Q However 1
\fln, e n the rk required under the Contract is 95% or more completed, upon rec--
olumendation of tfl?;2 lD.se r.~ such portions of the retained money shall be re-
leased a."s the O'\:lner de t-erllllnes are not r.equir:ed to be retained to protect the
O\>lne r i s :Lnterest lH s.ati.sI.ac completion of the Contractc
lO~3 EN.Glr,TEER1 S ACTION ON l':{~ ~REQUEST FOR PA'il.iEJ:lT
\A]ithin t\'lenty ( 20) of submission of any Request for Pa~yn1ent by the Gon--
tractor, the Ellgineer shall:
( a) Appro\ye the Request for Payment as subrrritted and forward it
to theO"lne r c
(b) Approv"e such otrier aITIOunt as he shall consider is due the
Contractor~ r:n.e tractor in writing of his reasons for
approving the modified an10un t co
:withhold st for ~ "'"" . the Contractor in
Cfie ~ J..nrorm1.ng
\\7r it ing of his r. :e :a .s () 1'1 S for ~tJi thhold ing 1.t,.
lOQ4 OvrNERi S J1-,-CTION ON" AI~ F2PROVED REQUEST FOR PA~YMENT
"'~-"'-'-;-~---=---~~;:~~~'~---_.~;;;-'-;~~_~II__"""._._"~-":':'_"_~",,~~~
\A)' i th in thi (30) of approval of a Request for Pay~
THe n t ~t 1-1 .~2 S118~
:/ '\ t t-12 t the Engineer~
\ a) .as
(b) SUcrl other aIllount l.il accordance v7ith Section 1005 as he
shall decide 18 due the Contractor, informing the Contractor and the
Engineer of .~ ... 111ws ~ .. the modified amoun to
1. nlAn: 1. [ reasons tor pa)ll.Ilg
(c) \tli thha Id ing paj?1nent in accordance with Section lO~5 informing
the Contractor and the iting of his reasons for tvi th-=
hold
)
"'~:::'-'--:~_.~-<:~~~~~~-~''''''--':'-'''~'~:''''''''''''F'~I''''''''_~_.o;.:........._..../~__~.:.:<-....;'--'-.;I:"/,~_~..>:."_;:y......:.....v:.-.r~~""~.---.-_~;.,...-..,....,.".........
lO~501 The mav v7lthhold pa:yrne n t in \vhole or in part to the extent nec-
essary ~:. .. . :: 1.En s e :c from. 10 .~ on account of any of th,E following causes:
l':'() pr:o:cec
{) 0 the Contract Documents
o:c leted work which has been
3.2. ........'It
...~
-! ~.,~~ tt ~2 a .s t).n .;3- L f claiTL1s by
\~ -
other 'par l:2S tor or
(d) ...-... ..;I.... ~_ .~S.:C- .t..o ~r' to rnake p.aymo;?I1t to Subcontractor
l(.Ei llu".}:.~e f:J t ;.
materialmen or supplie
(2) to OhJn.e I' or a.rl\7 ottler Derson
. ~
( " COfltrac t() -:; .......... st prosecution of the work~
i '-' Ll..Cl.S
1005,,2 \4h{~n an'l 0 f n.c aDO\] {:: 2: s ror T.*Jhich payment is being withheld :L S
removed. '. paY"lr:.en t Sfla 1 1] .e IIi.a (l.e. IO the aI110Un t~hheld ,.
lO~5~3 l_~_TER!?~I_CjN _~l"Q._.E:~EQ.UEST? F'OR ~~~1"1ENT: Should the ()v!Tl e r fail ~CCj pa)7
an approved for within 30 from the date of approval
the Engineer and shou.ld he f.p) 11 t.o inform the Engineer and Contractor in
"'+7ritirlQ: or p a YInen L t.h e :O.'(Ilfi ~2 r s tt .8.. 1 pay. to
Corl. t r.ac tor "I": .....~-:'! .;~.. ,~
ti t::er.e s t .ct U :2 8.11'1.0 tl.11 t a .t a 11 an .:fl U a .1 I~ a tr.e ~2 .f] u:a 1. .L.U'
the month index of long terfG Uni tecl States bond yields for the ITlonth prior
to the raonth the ob 1 ~ - us an additional one oer-
l"!] 1.O.Il l S incurred
cent per annUEl"
1t) " CO:NTIZACTOH~
~.r._..JJ,--"""""-""",~_:;,~.""""""""",,,,,,,,,,,,.,,,,:__~_~~,,//~_____.;,,;,,,,,,~,'";:''':'rX.Y'''''''''''~.'.''''''-::'-"--"';_'-"':::"""'><-<^"i-:""_:<"--=-"".~:"'--:_~~'_"
tractor tAlc ;; Iua teL' ia 1 s arid
the
ect free c leal~ -
all (hereafter" .;.:. .~ ":-:.
! lIi r:tles.e
General
10'17 SUB S T iii-NT I L:1j.L
\,'lh en ... ><II~,
'-' l.fl t .el~l.d e.j
ToO sha
'-
a cert t L.C,8~.t:e
~ ~ iI ..~ reasonable ~ '.~ ..c"M Ovrne r j Contractor
scanLJ~al t lIne trlerea t te )
and Engineer .~ ..... the "lark to deterrnine the status of
Lon ot
cornp 1e t ion '0 consider the \^Jork substantially cornplete:;
his reasons therefor\> If
c: OlllP 1 e t e Engineer will prepare and
"leY: Substarltial COTapletion ':lhicrl shall
the shall be attached the cer".u
.~ or eorrect:.ed be t1.nal
tentative certifi=
l.neer as to any pro"....
fter considering such ob-
substantially complete,
t the ten.tatl
stating his reasons
/81
there for.~ If, f~" .~. ii .:.:; . . ...: (] fOi:ln e r '~ .: Engineer considers
ar~cer conSlc1er.al: s ot .ec t lOllS,
the \>lork substantial C GHlp 1 e t e 5 ineer will w thin sa 1. (1 fourteen days
execute and deliver O\~7ne:c and Con actor a definitive certificate of
Substantial Cornpletion (vlitb .8. I'e\lised tentat l."'\l€ list of i t eTI1S to be completed
or corrected) reflecting s UCi1 changes ,- - tentative certificate as he be-
t rarn the
lieves justified after consideration of any objections fromOw-ner 0 At the
time of delivery of the tentative certificate of Substantial Completion Engi-
neer '~'li 11 dell-ver t 0 O\,::ne ran. d Contractor a \'v'ritten reCOIful1endation as to d i-
vision of responsibilities pencl~ng final payweIlt betwe.en .Owner and Contractor
vIi th respect to securl opera t iOl1 5 sate ) TIlaintenance, heat, utilities and
lnsurance" Unless O'~~mer HL1d Contractor agree other"Vlise in writing and so in--
form Engineer prior to his issuing the definitive certificate of Substantial
Completion Engineeris aforesaid reconllnendation~7il1 be binding on ~Jner and
Contractor until final pa Ylllcen t ~ O'\..me r shall have the right to exclude Con-
tractor from the t~orkafter the date of Substantial Completion, butD-wner
shall allow Contractor reasonable access to complete or correct items on the
tentatlve list"
10:)8 PARTIAL UTILIZATION
~ ,._~
Use by Owner of completed portions 1 the \~lO r k ma. y b e accomplished prior to
Substantial Completion of all the \\iork sub j ec t to the following:
10,,8,,1 O'i~7ne r .at any tllne 1Hay request LOlit r ac tor i!l "Hr iting to perrnitO.\+Jner to
use any part or the Work which Owner believes to be substantially complet.e and
'\vh ich fflay be so used ,\"j1. ttl0U t significant interference with construction of the
other parts of ttU? \~Jork If Contractor agrees, Contractor viill certify to
Owner and Engineer that S ELL d part of tl1e ~Jork 1.8 substantially complete and
request Engineer to issue a certi icate or Substantial Completion for that
part of the \\7ork" ~J "Il ,;.0J l:e thereafter~Tner~ Contractor-and
Engineer shall make an inspection or ttl.a.~t pa.ct of the Work to determine its
status of corrlD 1 e t ion If does not COIlS icier that part of the \\iork to
1.
be substantial COIl1p le te , ineer\!lill 11otifyO'\t7ner and Contractor . .D
:Ln TJlT1 t-
lng giving his reasons therefor,. If Engineer considers that part of the Work
to be substantially complete, ineer vlil1 execute and deliver to O'\tmerand
Contractor a certificate to thaterfect} fixing the date or Substantial Com"""
pletion as to that part of the :'~{ork;, attaching thereto a tentative list of
items to be completed or corrected before final payinent c Prior to is suing a
certificate of Substantial COInpletion as to part of the Work Engineer will de-
liver to Crwner and Contractor a vrritterr recornTl1endatioft as to the division of
responsibilities lng final betvJeen Ovlner and Contractor with re-
spect to s:ecuri " s 11lfi 1-nt:.enance, utilities and insurance for
that part of the \-lork "vlh ich shall becollle b irld inguponOwner and Contractor at
the t ilne ot issuing the definitive certifica.te of Substantial Cornpletion as to
tClat part of the Work unless Owner and Contractor shall have otherwise agreed
. . ~ 1 informed Engineer~ O'V,JTi e r sl:1all have the right to exclude
l.TI wL~t~ng ant! so
Contractor rrorfi any or the Work which Engineer has so certified to be
substantially complete, bu t Ovlner shall allow Contractor reasonable access to
corfip 1 e te < . tentatlve list
or correct 1 teElS 011 the
II!::"Y"~ 34 -.
3595a
(),. -
lO,~8,,2 -.....;.... .......- l::~tl 0 1:1"12 ~:: c.::; II ~lC:aT.:e 0 Substantial eomp1.etlon as
to part ot o:t a facility constituting
part 0 trl.e cornplete if such facility
lS tunc Dr1.0r to any such take....
over; (}z,711 e r anci division of responsibilities
be t,-,;xe eLL O\'lne r lori s.a :.; T11a:Lntenance 31
correct1..0n pe '\vi th respect at such facility~
10,) 8 No occupancy - . of a fa-
.J Q\ler at operat~orlS
cilitv be ac C Onll) arlce -r,'li th the requirements of Sec-
t ion 8 '0 III .s {:it l~. r
lOe9 F' INS.PECT
....-.._~~.......-.::_'--f"'_:_-.:,'__:........~.""_;,.._:__
Upon written notice c ~....... t~~ /...... ~~'o r k lS com.plete ;; En.g ineer iivi 11
LllC
make a final lIlspec tractor and will notify Contractor
In cion r.eveals ttlat the ~\fork
1.8 ~ ___. f"- :-~ sha 1 i1111T!ed i ate 1 y take such 111eaSUre s
.L t 1.... .~=
to r""" .~.... ~
.a.s are neces 88.1-Y r l'C~ l.e ti.<:: le s :'~
10 10 FINAL l\PPL
__;:.;__:~..-..-...:___....',-,;":_"",,,,-';':"_"""':'~~~~~H:,.,..~:";"'''''''''.''':.y:n__:.-:.-......-...::::,_.....~----=.::y_.;..__..-....-./;.:.:..............;;;.........'...No
,~~f t::2 the ,"" .r" ...;; En-
sat1.Sractlon 0
g 1. Ile c:2r
guarantees record dOCUlnents and
Documents> and after Engi-
neer to the provisions of
See fiIl.al paYlnent follo'\ving
tbe icatioIl for Paywent shall
be tile Contract Docurnents and
requ1.re, together
'e"l:L tn (satisfac t 00,\,;711"~
th the ~'1o rk( In l:Leu
thereof rece s or releases
~n full ~ T~e eases and receipts include all
Lien could be filed, and
that all. ottler indebtedn.ess con-
fl1igh t in any way be re-
sponsible, ha'-l2 been and consent or the Surety;
It any' :; to ractor) TuanUIacturer s fabricator,
suppller or a release or rece~pt ~n full) Co Il-
L:C ac tor InS:\1 satlstactory to Q1iVner to indem-
ill OSy}!.] e Z"
10.J J,. t1
i -;- ,. on the '~'Jork during construction and
--)
final Application for Pay-alent
and the Contract DOCUluents;
ete.d .and Contractor has rul-
359
1 ll,ed Q~ \......J. 1 :~ obI Docu.HleIlts .7 En.g il1eer \t7i 11 ~
Vi th in ten days after lication for Payrnen t , indicate
in "\v.c it ing hi s r e C OTTiIne 1"1 cia the ica t ion to Cn:'luer
for payrnen " notice to O\~ITler .al1.d Con-
tractor that th.e \41ork ~s prov.~s ~ons of Sectio'n
10012Q OtherT:lise .~ re ~t.:ur.rl "tll:e lication to Contractor$ ind i-
eating . . the for re fus irlg to r e C Ollnne n.d. final paym.ent} in
l.n 'vTr: 1- t rea.sons
i:;lh ich case Contracto':c shall Ina1:::e the necessary corrections and resubrnit the
Application" If the .aI-l.U accompa~nying docurnentation areappropri--
ate to .~ ~ thin days ,.. . . .
as 1: -() lill :arl.Cl .S 11:D.S c areer rece~pt:
thereof pay Contractor- ~ " .~ recolmnended J::.;ng1.neer; If,. through n.o
:t .f1 e .alli .;O)J 11 L
fault or Contractor, tinal C01TtDl'stion of t h e{/To rk 1.8 significantly delayed
thereof and if Engine.er r-' O'\Vne r shall, upon receipt of Contractor's
so conrl!'E1S)
final Applica.tion for t a f1 Cl recommendation of Engineer, arid thout
terminating the of the ba.lance due for that portion of
the \~ork fully cOlnpleted an.d accepted If the remaining balance to be h.eld by
Ovmer ror 1;Jo rknot fully COlTID 1e ted or corrected ::LS less than the retain.age
stipulated in thep~greement ; and if Bonds have been furnished as required
hereins the \V-r itten COIlsent of the Sure L.U ttl:2 of the balance dl.1e
ror that portion of the\rlo rk rul cornplet.ed and accepted shall be subluitted
by Contractor to engineer \;}"ith the lcatlon for such paymen.t" Such payment
shall be made under the terins '; conditions final payment 2 except
a11.Q
that It shall not const.~tute .~ or c laiu1s
lOQ12 CONTR.i:s.CTOR S OBLIGATI01Yf.
____~;.._--.........__v-............~_:.........-....~~....,....__...:_w._v.w......~..........._~__;""__";.;.,_~
Contractor s obl .and cornp lete the \~orlc in accordance with
solu '_ 0 l\re i recoTnrfiendation of allY prog~"
ress or final ssuanC'2 of .s certificate of Sub-
stant1.al COlnp Ie t Cord:ractor under the Contract
DocumerLts s nor rl<. or any part thereof bYO\!lner 5
nor any act .'"'> .any failure to do so; nor the l.ssuance
.--
of a not~ce r,. S 1;i.a fl. t: t.o Sections lOQI0 or 10.i: 11
Li () r an"1 eorrec (h\tJrl:e r :8. rl.a. "11 const1tute an acceptance
of \~ork no lrl accordEtnCe . 1 C'(}ntra.c D()cumen.ts 01~' a release of Contrac-
"[Il.e
toris obligation to per rOl-rn the'r]ork in accordance with the COIltract Documents
10 ~ 13 \~AIVER OF CL.AIMS
The In.aking and acc.eptarlce () 1 shall constitute:
lOQ13<:1 Vo7a J...ver or 1 Contractor, except claims
arising from unse tied Liens) appearing aree r final ln~~
spection to c.amp th the Contract
DOCUHlents or cne terms of any special gnaT.anr..ees specified therein; llO~ej'e ve r ~
lI: shall not cons l.tu a 1. ;~:; .~e cs in respect to Contr ac~~
tor s con inuingob 1 t1.0ns unde:c Docurnents; and
10,,13 2 A \vai\Jfer r all i"'" a lH18 Cont.rac aga 1.118 O',;;Jner other than those
prev~ous H13de In It 1 :. 1 tlIl.S :2 tied 'c
a 1'1. {J. '.- 1.L
3595.a
()
0
i
.....~,~....,.,._::....";;____.~..........~__~~...~_~.....,..i.~
THE \~JOH1Z
___<::......_...;....~~...^.........~:,':.:...~...~.........-..y,:~_y,~~,.....-.:;.........-...._..x~......'>;...-:.-_':.F-...~:--.-.:__~
1101 C FL..L~J'J G E () IlD ER S
_....-..---._.....-".................,........-....---.---.....,........."................
\~li thou 0\.111.2 r rnay:; at an.y t iI118 or ("" t ilne to
rrom
t ~Iue J I.~ ~cl.e "r lS "LOri"S the \"Jor1:,"; these will be au-
thoriz.ed by r.e.c.e of a Change Order, Contractor shall
proceed \qith tile 1/'10 ";ek .~ ~; .;.: All suet'! "~~lo rk shall be executed under the
1.T1\10 l"\/ed "
applicable conditions 0 t'ac t DOCllinentS., If any Change Order causes
an lrlC rea se or. de:(:: l~e.a.se }~lle Con"tract Price or an extension or shortening of
the Contr.act t l.Ine 1,e ad ju s tTnen t \/7i 11 be rnade as provided in Section
11 or Section 12 on basis or a claim made by either party;,
11 2 1'1INOR CPLL\NGES
~/~~"""'_~-'._~
. - " t'b.e \;.10 r'k no t i-rfvO 1 v ing an ad.jus trnent
lneer may authorlze
:Ln. T:un e ; \,~lri 1. c 11 are consistent 1+7ith the
overall 1."[1 "1:.e 11 t of These may be accomplished by a
art Co n t r.a c tor '\f.l11 () shall
D.el~ Ior1T1 that a Field Order justi
r~fe.s arl ~act Tlrne ~ Contractor may make a
cIairD. t=rie"'L~e
11~3 UNAUTI-lORIZED
_....----="...~.".......,.....,...:...__....,;...---...;___:::N.....':~y/(...........'F_
Add 0 a. Charlge Order \'lil1 not err-'~
Price or an extension of tt1e
81Iiergency"
11 <) l{.
__~::~,____,~.;::--..:p~-=-....:_~:::_,~:_~""_.-.....-..._~~~~'''''....-:.:..:.~~I~..-;~'....-;;.-.:.-...~=-......,~,............,.<.....:;.:-.-..N'
O'\,qrl.e r by Engineer covering
s required because or un-
r:or.eseen because of uncovering Work
r 0 !~ll~id .0 "trier claim of Contractor for a
change In ConI': act Price \vhich ~s recorn:mended by En-
g J_Il/c.e"r'
11 ) NOT
it notice or of the "\;4"0 :ck. or change In
tbJ2 .COI1"t r 1- S 1-.011.8 or any Bond to be given to
tt1e Sure to so notify the Surety,
the '-" ad usted accordingly~ Can-
t: 1- :a(~ t (:) r~
3
":1 .r:.
-'...I
1106 CONCEALED CONDITIONS
Sb.ould conceal.ed conOl .;: ~:. the performance of the l-Jork below
~ on se fie 0 ern '[ e r eel - --
the S ut' f.ac.e 0 f th.e ground or should concealed or unk.flown conditions 1n an ex-
~stl.ng structure be at variance with the conditions indicated by the Contract
DOCUil1ents, or should unk.no.\\T[l ical conci itions belovl the surface of the
ground or should concealed or JJ.flkruJ\/"lTi con.ditiol1s in an existing structure of
an unusual nature, differing material from those ordinarily encountered and
generally recognized as inherent in work of the character provided for in this
Contrac t J ~ ~ the Contract SUfn sball beequitab ly adjusted by
be encountered, Change Order upon claim by either party made within ten (10) days after the
first observance of the conditions:;
11~7 CLAIMS FOR ADDITIONAL COSTS
If the Contractor wishes to make a claim for an increase in the Contract Sum,
he shall give the Engineer written notice thereof within ten (10) days after
the occurrence or the event giving rise to such claimQ This notice shall be
given by the Contractor before proceeding to execute the Work, except in an
emergency endangering life or property in ~\iJhich case the Contractor shall pro-
ceed in accordance with Paragraph 11~8D No such claim shall be valid unless
so fl1ade;: If the O\"i'ner an.d the Contractor cannot agree on the arnount of the
adjustlnent 1.11 the Contract SU1TI;.; l.t 8118. 11 be referred to the Engineer ~n accor-
dance with Paragraph 5.8 1-11 the Contract Sum resulting from such
c 1 a irn s h.a 11 be authorized Chang.eOrder ~
If the Contractor claims '.tt1 a t -,,;. 0 ...... cost involved because of but not
1.t ~on.al lS
1 iIni tea to ( 1) anY'll]T 1- t ten tatioIl or . " ( 2) any order by
l.rl trleeng ~rleer s
the O\qner to the \~ork \;r7h.er.e the Contractor was not at fault, (3) any
'V7ritten order "" , ill. th e \o]ork 0 r (4) failure of payment by the
:tor a Elinor
Ov-Jne r ~ Contractor shall Ttlake . ~/".... provided in Subparagraph 11~7Q
sue!} claim as
11~8 \>.JORlZ DURING .;.q,N E1JIERGENCY
_~____.~_"__._~'i'~__-'::-~""
11,,8:;1 In any emergency affect t1-12 safe of persons or property, the Con-
tractor shall act to threatened damage, injury or loss~ In all cases
he shall, as soon as practicable:; notify the (Atlner or the emergency and he
shall not vlait for the instructions before proceeding to protect both life and
property",
11 802 - :L.O"lia .C 01111) e ~fl sa extension of time claimed by the COl1~
tractor on account of said emergency work shall be determined under Paragraph
11 " 7 Q
Jo ~
3595a
1
""'i r!
:...) 1-i..
-'-"'.~rw...'W/______._.--=--:_
OF CONTIL~CT PRICE
--~'-""":"',,"_~_:~Y_~:""~_l:>':~__:____"""__:_"":~
12 ~ 1 CONTRP,,-CT PRICE
The Co;ntract Price constl.tutes the total compensation (subject to authorized
adjustments) le tor per the Work~ All duties, re-
sponsibilities to or undertaken by Contractor shall
be at his In the Contract Priceo
12 " 2 CHAI<fGE CONTR....4.CT PR.ICE
Except \:,lhere llnlt nL':Lces forTE th.,e basis for payment under the Contract Doeu"'""
merIts 5 the Contract Price Tnay 011 De changed a Change Order" .AI1)'" claiul
for an lrtCrease 1.11 the Contract Pric.e shall be based 011 \v.citten notice de~-
livered to Owner ana Engineer within fifteen days of the occurrence of the
event g1.v~ng :else to the clairn~ l\!otice or t11e arflount of the claim w'ith sup....
porting data shall be delivered within for five days of such occurrence un-
less Engineer allows an additional neriod of time to ascerta1n accurate cost
data iill clal.Els Ior Justmen In the Contract Price shall be determ.ined
Engineer if O.~/c}ner andC;onc actor cannot otherT,:lise agree on the aII10unt 1n--
volvedQ lTI the Contract Price result from any such claim shall
be ated in a Change
12 l; 3 BEtSIS OF CH.ANGE
~;....-_:----...,~..,-,;;:-...-..
The cost or erect t to a change in the work shall be
determined and mutual lTI advance of performance of the change 1D
work 1n one more ways:
12 3 1 _ _ 1 u proper itemizedc
1203,; 2 lrnl lces ,;:: tee -j n the CaritY'act DOCilllients or subsequently agreed
upon {unit prlces shall include an allowance for Contractor1s main office ex-
pense, overhead, profit and , or
12~3G3 ac plus an allowance for overhead,
superv~slon ana follows:
10 The t or mean cost necessarl
curred cne proper the work and paid
than the standard paid 1ll the local or
the consent ot the Owner as more specif cal
.d:er ille.d
u 1 iu.de:
- 5,:} .~
3595a
6,-
(1) \(lage s paid ' h ~ -, employ of Con-
3_11 'C~:!.e a~rect
tractor the l~ ~ the changed~vork in the
1) e r "r (} L~.IIl a Il.C .e .0 "1:
fi.eld or III tb.2 rab';cic t SllOp uirder applicable col-
lective barga agreenlent s or under a salary or wage
schedule agreed upon Contractor and Owner, plus a
payroll markup of 20 to cover .all overhead items
applicable to payrL) ;: such as insur crace) taxes,
F"I'JCoA~; '(,yO r krfle n s 1.0 n ~ unernployment taxes,
and union benefits
(2) Cost of all materials, supplies and equipment in-
corporated in the changed workc
(3) Cost, including maintenance of all materials, sup-
pll.es;; equipnlent} temporary facilities and hand tools
owned by worbnen, vlhich are consumed ~n the performance
of the changed work, a11d cost less salvage value on such
items used but not consufned which remain the property of
the Contractor..
(4) Third party rental charges of all necessary ma-
chinery and equipment, exclusive of hand tools, used In
per forIIli ng the changed rk including installation,
:.it .~ and replaceInents ;) d i SIflant 1 ing.~ removal)
rfl~nor repa1. r s
transportation and delivery costs thereof at rental
charges consistent th th.ose prevailing in the are a...
(5) Cost or additional for all bonds and in-
surance · 1 rue r:actor .1-:8 "required by the o-vmer or
lcn
contract aOCUiRents to and maintain and which 1..8
incurred as a result of perforrning the changed workQ
(6) Sales use LEll iar taxes;) .related to the ctlanged
vlork and for \'.111 ich. the Contractor is liable, imposed by
any governraen tea 1 aut'hox'
f .~i"C PerTnit fees;:; t:Les~ Ci arnage s for infringment of
l., I )
patents and costs or defending SU:Lts therefore, and de-
POSlts lost tor "-' tl1an the Contractor's neg-
ligence~
(8) s s ;; not compensated by insurance
or othert,qise sustained the Contractor in conl1.ec t ion
\~li th the changed work provided they have resulted from
causes other than the "1 ]o:lnt fault or neglect or
SOLe or
the Contractor; any SubCoIltractor; anyone directly or
indirec.t tJ L or for vlhoseacts
any Such losses shall include
set 1 erne n.t s itten consent and approval
3595a
4/81
of the O~qner '" .sucn asses and expenses sl"lall be l.n-
eluded :iLL tl12 .c.c~s {) i: .t:i e changed work for the purpose
of determining Con.t actor's fees thereoug lIs h Ov.i-
ever$ s ucrl loss 1..~ :e .:Q lllt.. e .s reconstruction and the Contrac-
tor placed ".'!" ., thereof~ b'2 shall be paid for
l.S lOLl <2rla~r~ ge
his :;: oJ ~ fee computed in proportion to
ser\J ~LC e s .a11 1. t l_.O~Cla i
the . - ~ tor t'be or inal changed workc
SUfi1 scatea
(9) of any drayage between
ShOD and -i Contractor must hire an in-
.j
dependen and driver to perform special
drayage se l.ees in performance of the changed work for
skil ~-'" ;; manpower and vehicles are 1.0-
adequa te.,;> does not include transportation
performed or \'Jhich could hav'€ been performed by Contrac-
tori s dri\7erS o .l~ ~\l e .t1 les but ror their use on another
project~
(10) Costs incurred Que to an emergency arising out of
the changed work affect t:fle safety of persons and
proper
(11 ) Other cos 1 n ell ed ij"C, the performance of the
changed ijJork .' I to the extent approved in advance in
T,fiT l [. =LilC .~
(12) lye rorrnl.ng the Contrac-
to r 1 s thlS paragraph 1203c3, com-
.......... -..... .c: ~::i 'tl .s e s 12 3 1 '" 2 , or ;:; 3 0
b Q The cost ot ":crle SI1Elll exclude:
(1) Salaries ensation for Contractor's
.r r'" project managers,
otI.lcer"s 5 .e :\:.e ell rnanager s :;
eSi:lTIlaCOrS, t3 Il.g .8 j '- s ;; surveyors, mechan-
LCS ;; \'larenousemen 8-UGltors;; accountants; purchasing and
contract draftsmen (except sheetmetal drafts-
men), s Q recep l.Ol11.sts;; and other staff em-
;....; 3
ployees .~ I10t oyed at Contractor's prl.nc1.-
1 r' ,... · 1::1.C2 or field office at the job
pal OIIlce
. .
Slt.e
(2) S ot t J':' d...C t .c:~ r":l ."s principal office, branch
officeo:c job S 1.te field office including without lim-
itation theexperlse .r- i-:.", trucks, office trailers,
tor D:LCK-UD
- -
storage trailers t~a 1 or office OT storage space,
telephone, t1eat ~ ~ "f:;tc~
~,~ 4~ J~ _.
3595a
4/81
(3) Ownership cost 0 maintenance expenses for Contrac<<=
tor-ow~ed equipment) including without 1 inti tationall
construction equipment trucks and vehicles, machines
and all other ownedequiprl1ent required for Contractor's
performance of the Work~
(4) Cost for purchase and maintenance of tools, materi-
als; supplies and f.acilities not C01]suro.ed during con-
struction or incorporated in the work.:>
(5 ) Contractoris capital expense, including interest on
Contractor1s capital employed for the worko
(6 ) Overhead or general expenses of any kind, including
but not limited to office or fabrication shop overhead
or drafting and printing costs) except as may be ex-
pressly included in clause 1103o3o1a aboveo
(7) Costs due to the negligence of Contractor, any sub-
contractorj anyone directly or indirectly employed by
any of themj or for 'Vlhose ac tsany 0 f them may be 1 i-
ables including but not limited to injury or damage to
persons or property:; the correction of defective work,
disposal of materials and equipment wrongly supplied, or
making good any damage to property~
(8) The cost of any item not specifically and expressly
included in the terms describ.ed in clause 12~3.301a
above ."
2" Allo\vances for profit j overhead and nonreimbursable costs
shall be computed as follo\,~J's :
A~ For the Contractor
(1) A minimum of 5% up to a maximum of 15% (the actual
rate dependent of the Contractor1s performance and as-
sumed risks as determined in the sole discretion of the
OvJne r ) of all reimbursable costs defined in clauses
12Q3~3ela(1) through ( 1) above, and
( 2) A In in ilIltLfIl () f 3 % up to a maximum of 7% (as deter.....
mined in the sole discretion of the Owner) for the work
of subcontractors supervised by the Contractor as com-
puted in accordance with clauses 12~3;1, :.2 or 03 Q
(3) For third and fourth tier subcon-
tractors i"> ion for changed work under
......
clause 12.,3 3~ 1 (a) (12) 3 their allovrances shall be de-
termined at the sole reasonable discretion of the owner
consistent with percentages in subelauses ( 1) and (2)
directly above
42 ~*
3595a
4/8
3 0 The o-wner s ha 11 'na\le the r igh t toex.amine s inspect, copy and
audit the books and records of any contractor or subcontractor
making claim for reimbursement tor costs and allowances hereunder
in order to verify the accuracy, correc tIles s ~ completeness and
properiety or all costs and allowances claimed~
1204 ~jork Performed by Subcontractors.~
120401 The Contractor s fees for vl'ork performed by subcontractors shall bea
minilnum of 5% up toa max irf1UIil 0 f 10% (as d,etermined in the sole discretion of
the Owner, for such work where the work performed by subcontractors 18 super-
vised by the Contractor) as compensation for all other costs and expenses in-
cluding administrative overhead, profit and supervisiono No fee will be al-
lowed on subcontractor vJork not supervised by the Contractoro
120402 The fee of first~ second; th ird and fourth tier subcontractors for
work per fanned for them b:;l lower tier subcontractors shall be determined by
the Owner ,\t7i thin the percentage range set forth in clause 120401 above 0
SECTION 13
~/_~~~~~
SUSPENSION OF \40PJZ AND TEPJ71INATION
, V.;J
13Ql OWNER MAY SUSPEND WORK
- -
(};,me r rfia y s at any time and without cause) suspend the Work or any portion
thereof for a period of not more tnan n days by notice in \v~iting to Con-
trac tor and Engineer \'Jhict'l shall fix th,e date on \~lhich \A/'ork shall be resUll1edo
Contractor shall resume the Work on the date so fixedQ Contractor will be al-
lowed an increase in the Contract Price or an extension of the Contract Time,
or baths directly attributable to any suspension if he makes a claim therefor
as provided in Sections 12 and 13
1302 Oi{NER MAY TEFtl1INATE
Upon the occurrence of anyone or more of the following events:
13~2Ql If Con.tractor is a.dj a bankrupt or insol-vent s
13il2c;2 If Contractor makes a general assignment for the benefit of creditors,
130203 If a trustee or receiver 18 appointed for Contractor or for an.y of
Contractoris propertys
13~2e4 If Contractor files a pet:Lt1.on to take advantage of any debtor~s acts
or to reorgarlize under the bankruptcy or similar 1 aVolS s
'*" 43 -
3595a
4/81
130205 If Contractor repeatedly rails to supply sufficient skilled workmen or
suitable materials or equipment,
1302~6 If Contractor repeatedly fails to make prompt payments to Subcontrac-
tors or for labor, materials or equipment,
13Q207 If Contractor disregards lawss ordinances, rules, regulations or
orders of any public body having jurisdiction,
130208 If Contractor disregards the authority of Engineer, or
130209 If Contractor otherwise violates in any substantial way any provisions
of the Contract Documents,
Owner may after giving Contractor and his Surety seven daysl written notice,
terminate the services on Contractorj exclude Contractor from the site and
take possession of the Work and of all Contractor's tools, appliances, con-
struction equipment and machinery at the site and use the same to the full ex-
tent 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 O\vner may deem expediento In such case Con-
tractor shall not be entitled to receive any further payment until the Work is
finished" If the unpaid balance of the Contract Price exceeds the direct and
indirect costs of completing the \.Jork, including compensation for additional
professional services, such excess shall be paid to Contractoro If such costs
exceed such unpaid balance, Contractor shall pay the difference to Owner 0
Such costs incurred by Oviner shall be verified by Engineer and incorporated, in
a Change Order, but in finishing the Work, O"wner shall not be required to ob-
tain the lowest figure for the vllork performed"
1303 \Vhere Contractor's services have been so terminated by Owner, the ter-
mination shall not affect any rights of Owner against Contractor then existing
or which may thereafter accrue" Any retention or payment of moneys due Con-
tractor by Owner will not release Contractor from liabilityo
1304 Upon seven days.f written notice to Contractor and Engineer, Owner may,
without cause and without prejudice to any other right or remedy, elect to
abandon the Work and terminate the Agreement. In such case, Contractor shall
be paid for all Work executed and any expense sustained plus reasonable ter-
mination expenses 0
13QS If} after notice of termination for failure to fulfill contract obliga-
tions" it is determined that the Contractor has not defaulted, the termination
shall be deemed to have been effected for the convenience of the Owner and the
Contractor shall be paid in accordance with paragraph 13.60
1306 CONVENIENCE TEID1INATION BY THE O~~ER
The Owner reserves the right to terminate the Work under this contract in
tvhole ~ or from time to time in part~ and said termination for convenience
~ 44 ~
3595a
4/81
shall not be construed as 1 "r the Contract :. If the Contract is ter-
a Dreacn or
minated for conven:.Lenc€;> the OT)iHl er shall give the Contractor written notice
specifying the extent tlle ~',Jo rk 0 f triG Contrac t t"hat is being terminated and
the effecti've date of Bald terininatiofiQ Upon receipt of the notice of termi......
" ~ the Contractor shall stop 'iilork on the date arid to the extent speci-
na"C~onjJ
fied.. The COD.trac tor shall place L1.0 further orders nor incur any further
costs for the terminated. part .rw the \~lork >l The Contractor shall further cer-
OI
minate l' orders and ' . acts relating to the terminated part of the
a. ..!. SUDCOil1:
'\.Jo rk 0 The O",mer shall pay the Contractor for the value or the Work terminated
as COll1p leted to the terrnina t ionda te tage ther \:li th a reasonable profit on the
corap 1 e ted"\tJo rk; but no damages or costs or lost profitsQ Disposition of the
completed parts of the teTIflinated T;]ork ~ rna ter ial s ; equipment and other tang-
ible property shall be lTIade as agreed upon by the Ovliler and Contractoro The
title to any property and materials retained by the Owner shall accrue to the
Ovmer imlnediat.ely upon payinent by t he O'\~ln e r to the ContractorQ
13Q7 CONTR.A.CTOR B~AY STOP iflOPJZ OR TEPJ1INATE
Ifs through n.o act 01" fault of Contractor, the "VJorlc ~s suspended for a period
of more than ninety s b y O'~1,fn e r or under an order of court or other public
authority:> or Engineer fails to act on any Application for Payment \vithin
thirty days to pay Contractor any S DIn finally determined to be due, the Con-
tractor may' j 1fpon seven days i 1;;Ir i t ten not ice to Ov/Her and Engineer, terminate
the Agreement and recover fro H1 O\:~lne r pa YUlent for all Work executed and any ex--
pense sustained plus reasonable termination expenses. In add it ion a11d in lieu
of terminating the Agreernent if Engin.eer has failed to act on an Application
for PaYIl1ent or01>ITler ha s failed to ITiake any payrHent as aforesaids Contractor
may upon seven days i notlce to Ot;p7ner and Engineer stop the v.Jork until pa~yment
o fa.ll afnount s ' ~ 1 The pro\Tisions or this paragraph shall not relieve
1:nen Quec.
Contractor of his obi l.OriS to carryon the ifJork in accordance with the
progress schedule Cll-l.-d chaut del ing disputes and disagreements with
O'\?ner 1l
SECTION lL~
--~~----~-,_..;--..,.:.._...
GENE R.~A.IJ
14~1 LIMITATION OF LIABIL
II\<_'R........~~::..-:.:.-:...........,"
In no event;; e:L tiler .3.5 a ~re u breach of contract; negligence, or other-~
Wl.se, shall tl1e O'~,Jner or 1- INie e "1:. tl1:e i agents or Employees be liable for
damages or loss of profits loss or use;; loss of r.evenue;; loss of bonding ca-
pacity, o:r any other special indirect or consequential damages of any kindo
To the extent the Contract Doclli11ents allovl any liability to be imposeds the
total liability of the Ot;zluerand Engineer for any losss c 1 a irl1 J or damage aris-
~ng ouot: or this agreerrlent t: 11 ~e pertormanes oz' breach thereo f 5 shall be lim-
ited to the value or the work performed
-- 45
3595a
4/81
1492 REH~EDIES
The duties and obligations .,;,I ;:: these General Conditions and the rights
l.IU P 0 S eo
and remedies available hereunder to the parties hereto, and, in particular but
vlithout linlitatioil, the warranties;; guarantees and obligations imposed upon
Contractor herein and all or the rights and remedi.es available to Ovlner and
Engineer thereunder, shall be in addition tO$ and shall not be construed in
any way as a limitation of, any rights and remedies available to any or all of
them which are otherwise -4 ..... available by la~l or contract s by special
l.mpose.ct or
warranty or guarantee or by other sions of the Contract Documents, and
the provisions or this paragraph shall be as effective as if repeated specif-
ically In the Contract Documents in connection with each particular duty, ob-
ligation, r igh t and remedy to t:lhich they applyo All representations, warran-
ties and guarantees made in the Contract Documents shall survive final payment
and termination or completion of this Agreement.
~ 46 -
3595a
4/81
PERFORMANCE BOND
KNOW ALL MEN BY THESE PP~SENTS: that
as
Principal (hereinafter called Contractor) and,
as Surety (hereinafter called Surety)
are held and firmly bound unto as Obligee
(hereinafter called Obligee) in the amount of
Dollars ($ ) , for the payment
whereof Contractor and Surety bind themselves, their heirs, executors, admin-
istrators, successors and assigns, jointly and severally, firmly by these
presentso
1ilHEREAS, Contractor has by v~rritten agreement dated ,
19 , entered into a contract with the Obligee for construction of
-
in accordance with Drawings
and Specifications prepared by which
contract is by reference made a part hereof, and is hereinafter referred to as
the Contracto
N 0 ~'4 , THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac-
tor shall promptly and faithfully perform said Contract in conformance with
the Contract Documents, and all guaranty, indemnity and warranty obligations
specified therein, and shall promptly and faithfully remedy any breach of its
obligations under the Contract Documents discovered within the time limits set
by statute for CO~llencement or actions, and shall pay any damages for unex-
cused late completion, then this obligation shall be null and void; o ther"tvi se
it shall remain in full force and effecto
The Surety hereby vlaives notice of any alteration, changes or extension of
time made by the Obligeeo
Whenever the Contractor shall be, and declared by the Obligee to be in de-
fault under the Contract, the Surety may promptly remedy the default, or shall
promptly:
(1) Complete the Contract in accordance with its terms and conditions, or
if appropriate,
- 47 -
3595a
4/81
(2) Obtain a bid or bids for completing the Contract in accordance with
its terms and conditions, and upon determination by the Obligee and the Surety
jointly of the lowest responsible bidder, arrange for a contract between such
bidder and Surety, and make available as Work progresses (even though there
shall 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 and other costs and damages for vJhich the Surety may be liable
hereunder, but not exceeding the amount set forth in the first paragraph here-
of less the balance of the contract priceQ The term Hbalance of the contract
price,H as used in this paragraph shall mean the total amount payable by the
Obligee to Contractor under the Contract and any amendments thereto5 less the
amount paid by the Obligee to Contractor, of if appropriate,
(3) Promptly pay such sums to the Obligee as the Obligee may be entitled
from the Contractor under the Contract Documents, or for the breach thereof,
but not exceeding the amount set forth in the first paragraph hereofc
The surety agrees to be bound by any award granted to the Obligee against
the Contractor in arbitration or judicial proceedings commenced pursuant to
the Contract Documents.
No right of action shall accrue on this bond to or for the use or any per-
son or corporation other than the Obligee named herein or the successors of
the Obligeell
Signed and sealed this day or , 19 c
-
Contractor
By
Signature
(Typed or Printed name of Signer)
Title
Witness
By
Signature
(Typed or Printed name of Signer)
Title
- 48 -
3595a
4/81
(If the contractor is a partnership or
joint venture, all partners or co-ven-
turers must execute this Bonde)
Surety
Address
Phone Noo
Witness By
Signature
(Typed or Printed Name of Signer)
Title
(Local Address & Telephone Number)
(The attorney-in-fact shall attach here-
to a copy of his power of attorney or
other document which authorizes him to
act on behalf of and to bind the suretyo)
- 49 -
3595a
4/81
LABOR AND f1ATERIAL PAYMENT BOND
KNOW ALL MEN BY THESE PRESENTS: that
as Principal, (hereinafter called Contractor) and,
as Surety (hereinafter called Surety) are held
and firmly bound unto as Obligee (hereinafter
called Obligee) for the use and benefit or claimants as hereinbelow defined,
in the amount of Dollars
($ ) , for the payment whereof Contractor and Surety bind them-
selves, their heirs, executors, administrators, successors and assigns, j oint-
ly and severally, firmly by these presents~
WHEREAS, Contractor has by vrritten agreement dated ,
entered into a contract with Obligee for construction of
in accordance with Drawings and Speci-
fications prepared by which
contract is by reference made a part hereof, and is hereinafter referred to as
the Contracto>
NOW, THEREFORE, THE CONDITION OF THIS OBLIGATION is such that, if Contrac-
tor shall promptly make pay~ent to all claimants as hereinafter defined, for
all labor and material used or reasonably required for use in the performance
of the Contract and shall keep the Project free and clear of all liens as pro-
vided in the Contract, then this obligation shall be void; otherwise it shall
remain in full force and effect, subject, ho;;.V'ever, to the following conditions:
1 0 Claimant is defined as one permitted by applicable law to file a Pub-
lic Contractorts Bond claim for labor, material, or both, used or reasonably
required for use in the performance of the Contract, labor and material being
construed to include without limitation that part of water, gas, pOltle r , light,
heat, oil, gasoline, telephone service, rental of equipment, insurance premi-
Ulns , taxes, and any items for which a claim or lien may be filed against the
Obligee under the applicable lawo
2 0 The above named Contractor and Surety hereby jointly and severally
agree with the Obligee that every claimant as herein defined, who has not been
paid in full may sue on this bond for the use of such claimant, prosecute the
suit to final judgment for such sums as may be justly due claimant, and have
execution thereODc The Obligee shall not be liable for the payment of any
costs or expenses of any such suit~
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3595a
4/81
3 .. No suit or action shall be cOIDIllenced hereunder by any clAimant:
( a) Unless claimant shall have filed a public contractors bond claim
in the form and within the time provided under applicable law, or
(b) After expiration of time for enforcement of a public Contractors
bond claim by legal action..
4.. The amount of this bond shall be reduced by and to the extent of any
payment or payments made in good faith hereunderll
5 0 The Contractor and Surety shall keep the Project free and clear of
liens and shall promptly remove any and all liens filed against the Project by
claimants..
6 . The Obligee's right of action on this bond, or for the breach thereof,
shall not be limited by the conditions set forth in paragraphs 1 through 3
above ..
Contractor
By
Signature
(Typed or Printed name of Signer)
Title
Witness
By
Signature
(Typed or Printed name of Signer)
Title
(If the contractor is a partnership or
joint venture, all partners or co-ven-
turers must execute this Bondo)
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3595a
4/81
Surety
Address
Phone Noo
Witness By
Signature
(Typed or Printed Name of Signer)
Title
(Local Address & Telephone Number)
(The attorney-in-fact shall attach here-
to a copy of his power of attorney or
other document which authorizes him to
act on behalf of and to bind the suretyo)
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4/81
FO~~ OF AGREEMENT
THIS AGREEMENT, made and signed _this /~ day of OC '/f:)P.e~ ,19 r..2, by
and between C;,..y OP- AJt?"tJ /-,.6'f'J~hereinafter called the "Owner", and
/tj()/fJE:Sor/9 JO,e6; //flC. , hereinafter called the ilContractor".
THIS AGREEMENT WITNESSETH} that the O"\'lner and the Contractor, for the con-
sideration hereinafter stated, agree as f 0 11 0'\" S :
ARTICLE I 0 The Contractor hereby covenants and agrees to perform and exe-
cute all the provisions of the plans and specifications as prepared by
Bonestroo, Rosene, Anderlik & Associates, Ine. , of Stll Paul, }finnesota, and
indicated below under ARTICLE IV, as provided by the Owner for:
and to do everything required by this Agreement and the Contract Documents.
ARTICLE II, The Contractor agrees that the Work contemplated by this Con-
tract shall be fully and satisfactorily completed on or before /lI;:;y J I ,
19JCJ
ARTICLE III. The O\~mer agrees to pay and the Contractor agrees to receive
and accept payment in accordance with the prices bid for the unit or lump sum
items as set forth in the conformed copy or Proposal Form hereto at'tached,
which prices shall conform to those in the accepted c~ractorl s Proposal on
file in the Office or the G"-'/3~/C; C J ~ydP Mw . (J~CII/4J. the aggregate
of Which~~es, based on the approximate schedule of quantifies, is estimated
to be $ Y()tJ.OO 0
ARTICLE IVo The Contract Documents shall consist of the following compon-
ent parts:
1 . The Proposal Form (conformed copy)
2 . Conditions of the Contract (General, Supplementary and other Conditions)
3 . Special Provisions (if any)
4. Plans and Drawings \"h ich are attached to the Specifications or \oJ' hie h
are identified as Sheets 1 through for:
5 . Specificatons (General and Specific Requirements)
6 . Addenda NOe through
--
7 0 Performance and Payment Bond
8 . This Agreement
This Agreement, together \'Ji th the documents hereinabove mentioned, form
the Contract and all documents are as fully a part of the Contract as if at-
tached hereto or herein repeatedo
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3978a
IN WITNESS ~~EREOF, the parties to this Agreement have hereunto set their
hands and seals as of the day and year first above written.
Attes~~4u - c:::::
./
In the presence of: IAJA!I-:'SarrJ '7;;2o,JAlC.CONTRACTOR
(~. . ) ~-.:J:.. t7 ~;7. / c' ~., '.. /11'1. Ii .d; -
>>c/(JL~/:;e.~,/ .CJ5{ '-L<--6~.,-t.'>c..,,"'L-b,,.,./r B ~~...pe(} //) _ ~/ ..
V J /' ~
~/~ .- ~ .~:::-t:;
p/h'~ () /~I':r" TITLE
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3978a
CERTIFICATE OF ACKNOvlLEDGMENT BY PRINCIPAL
(For use where Contractor is individual or partnership)
STATE OF MINNESOTA )
) SSe
COUNTY OF )
On this day of , 19 , before me personally appeared
-
, to me known to be the person
described in and who executed the foregoing bond, and acknowledged that
he executed the same as free act and deedo
- -
Notary Public
(Notarial Seal)
CERTIFICATE OF ACKNO~~EDGMENT
(For use where Contractor is a corporation)
STATE OF MINNESOTA )
./ ) SSe
COUNTY OF JIe-K.'J~/'-<'~
On this /~? dav or c) (~-zt::.-~r.-) , 19 Y~L, before me personally appeared
'-;r.:~ J ......
/ )Z-d>.?.-y~~L-J L~Z""':~,,..LoiL_C;;'.-,~.j and ,
to me persona11Lj<.novlnvJho, ~eing by me duly sworn, did say that they are re-
· I Z ,.. ., . ~ t. ...,).' of --:?/L~~~~ ;; ~:0-e , . ~<--<-..
s pee t 1 ve y the ,/ ~.C~._ ;/',,/ .~4-'"t....,~\L.i-.'-..J-, ,
that the seal affixed to the foregoing instrument 18 the corporate seal of
said corporation, and that said instrument v7as executed in ~alf of the
cor po rat Jon by aut h 0 r i t Y 0 fit s Boa r d 0 f D ire c tor s, and s aid / /Z-6"--;Y"'.Yt-..it.....;L.-/
(:A..>~~:Z..L-e--jr_> and acknowledged the
instrument to be the free act and deed of said corporationQ
'----;:,
n ,/ r. -7").~ ,Ii..' .,,;>'.~ . ,.
...../,. \,~/~/"<?~'~ "--'-~JLZ-./t_---
.'. I
,) Notary Public
(Notaria,~l, C./
Full Name of Surety Company Home Office Address
Full Name of surety Co~ Name of Local Agency Address of Local Agency
If this bond is executed outside of the State of Minnesota, it must be counter-
signed on the Performance Bond by a Minnesota resident agent of the Surety
Companyo
Name of Agent affixing countersignature Address
MEMORANDUM: Affix here Power of Attorney and Acknowledgment of Corporate Sure-
tyo
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3978a
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