IP #803PROJECT NO. 803
2006 Crack Repair & Sealcoat
Res. 06-109 7/24/06 Resolution accepting the 2006 crack repair and seal coat project and approving final
payment (improvement project no. 803)
COUNCIL
REQUEST FOR ACTION
Originating Department
Approvedcfor Agenda
Agenda Section
1'>\'
/
By: / /,
L/
~esolution awarding conh"act to A~ie~ B~acktop Company for the 2006 crack repair and seal coat project for
$104,0051f2 ():::J
Public Works
May 22, 2006
Consent
Item No.
By: Guy Jolmson
6.9
Requested Action
Staff is recommending that Council pass a resolution approving a contract between the city of New Hope and Allied
Blacktop in the amount of $104,500 for the 2006 seal coat project.
Policv/Past Practice
To maximize the life of the pavement on our city streets, New Hope has traditionally practiced seal coating of all city
streets. This is an activity that is critical to the city's current pavement management program. If delayed, maintenance
cost increases and may result in premature expenditures for pavement overlays or reconstruction. Crack repair and seal
coating is most effective in the early stages of the pavement's life.
Background
In 2001, the city contracted with GoodPointe Technology to do an analysis of the city's roadways and to put together a
management plan that would identify and prioritize street maintenance activities to provide the maximum benefit. The
management plan has identified an area to be seal coated this year. The areas recommended for seal coating and/or
crack filling are identified on the accompanying map. Prior to commencement of seal coating by the contractor, Public
Works staff will complete miscellaneous asphalt patching throughout the project area.
Seal coating is part of the annual pavement maintenance program. The project will take approximately 30 days and 'Nill
occur during the summer months. All seal coating is to be completed by July 28, 2006.
Seal coating bids were received from the follo'wing contractors:
Contractor
Allied Blacktop Company
Pearson Bros., Ine.
Astech Surface Technologies
Total Bid
$104,005
$126,361
$136,775
MOTION BY
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SECOND BY
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RFA Page 2
May 22, 2006
Funding
Funding is available in the 2006 Street Maintenance Operating Budget for seal coat preparation and this contract.
Attachments
A map showing the area involved, a copy of the resolution, and a letter from the city engineer are attached.
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
WHEREAS,
City of New Hope
Resolution No. 06- 82
Resolution awarding contract to Allied Blacktop Company
for the 2006 crack repair and seal coat project for $104,005
this Council approved plans and specifications and ordered bids for the construction of the
2006 Crack Repair and Seal Coat Improvement Project; and,
this activity is an integral component of the city's pavement maintenance program; and,
this Council does hereby determine to proceed with the 2006 Crack Repair and Seal Coat
Improvement Project; and,
the advertisement for bids for the construction of the 2006 Crack Repair and Seal Coat
Improvement Project was published in the New Hope-Golden Valley Sun Post, the official
newspaper of the city, on April 20, and in the Construction Bulletin on April 21 and April 28,
2006; and,
the bids for the construction of the 2006 Crack Repair and Seal Coat Improvement Project
were duly opened at the New Hope City Hall, 4401 Xylon Avenue North, at 11 :00 a.m. on
May 12, 2006; and,
the bid of Allied Blacktop in the amount of $104,005 for the construction of the 2006 Crack
Repair and Seal Coat Improvement Project is the lowest responsible bid submitted; and,
the city engineer, Bonestroo, Rosene, Anderlik, & Associates Inc., has recommended that
Council award the contract to Allied Blacktop.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope, Hennepin County,
Minnesota:
1 . That the contract for the construction of the 2006 Crack Repair and Seal Coat
Improvement Project is awarded to Allied Blacktop; and,
2. That the mayor and city manager are authorized and directed to sign the same.
, City Clerk -
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~T LOCATION
North Nei;;t1borhOOd
PROJECT LOCAl'.ON
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PROJECT LOCATION
36th AVeNJe North
LOCATION
PLAN
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Bonestroo
Rosene
Anderlik &
Associates
2335 West Highway 36 . St, Paul, MN 55113
Office: 651-636-4600 . Fax: 651-636-1311
www.bonestroo.com
Engineers & Architects
May 12,2006
Ms Valerie Leone
City of New Hope
4401 Xylon Avenue North
New Hope, Minnesota 55428-4898
Re: 2006 Crack Repair and Seal Coat City Maintenance Project
File No. 000034-06180-0
Bid Results
Bids were opened for the Project stated above on Friday, May 12, 2006 at 11 :00 A.M., C.D.S.T.
Transmitted herewith is a copy of the Bid Tabulation for your information and file. Copies will also be
distributed to each Bidder.
There were a total of3 Bids, The following summarizes the results of the Bids received:
Contractor
Low Allied Blacktop Company
:HI Pearson Bros., Inc.
#3 Astech Surface Technologies Corporation
Bid Amollnt
$104,005.00
$126,361.00
$136,775.00
The low Bidder on the Project was Allied Blacktop Company with a Base Bid of $104,005.00. This
compares to the Engineer's Estimate of $84,000.00. These Bids have been reviewed and found to be in
order.
If the City Council wishes to award the Project to the low Bidder, then (Contractor) should be awarded
the Project on the Base Bid Amount of $104,005.00.
Should you have any questions, please feel free to contact me at (651) 604-4938.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INC.
~~
Jason P. Quisberg, P.E.
Enclosure
St. Paul, St, Cloud, Rochester, MN · Milwaukee, WI · Chicago, IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
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GORDON L. JENSENl
CLARISSA M. KLUG
GLEN A. NORTON
AMY E. PAPENHAUSEN
STEVEN A. SONDRALL
ARIC T. STlENESSEN
STACY A. WOODS
OF COUNSEL
LORENS Q. BRYNESTAD
I Real Property Law
Specialist Certified By
The MinnesOla State
Bar Association
'Admitted in Iowa
JENSEN & SONDRALL, P.A.
Attorneys At Law
June 6,2006
Valerie Leone
City Clerk
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
8525 EDINBROOK CROSSING, STE. 201
BROOKLYN PARK, MINNESOTA 55443-1968
TELEPHONE (763) 424-8811 $ TELEFAX (763) 493-5193
e-mail law@jensen-sondraIl.com
Re: 2006 Crack Repair and Seal Coat Improvements
City Project No. 790
Our File No.: 99.10030
Dear Val:
Enclosed please find four copies of the contract and bonds for the referenced project, as well as
the Certificate of Insurance received from Allied Blacktop Company. All are in order from a
legal standpoint.
Please call me if you have any questions.
Very t~ly yours,
~
Steven A. Sondrall, City Attorney,
City of New Hope
JENSEN & SONDRALL, P,A,
sas@jensen-sondrall.com
Enclosures
cc: Guy Johnson, Public Works Director
Vince Vander Top, City Engineer
.n Bonestroo
~ Rosene
~, AnderliJ< &
'I ~.. Associates
Engineers & Architects
2335 West Highway 36 . 51. Paul, rv1N 55113
Office: 651-636-4600 . Fax: 651-636-1311
www.bonestr'oo.colll
May 23,2006
Daniel Smith
Allied Blacktop Company
10503 89th Avenue North
Maple Grove, MN 55369
Re: City of New Hope, Minnesota
2006 Crack Repair and Seal Coat, City Maintenance Project
File No. 000034-06180-0
Contract Documents
Enclosed are four Contract Documents between you and the City of New Hope covering the above-referenced
Project. Please complete Specification Section 00520 Agreement Form, Section 00610 Performance Bond, and
Section 00615 Payment Bond. The insurance and indemnity requirements shall be provided. After the bonding
company has completed the Contract Documents, forward them to the attorney listed below who will review
them for the City of New Hope:
Steven A. Sondrall
Jensen & Sondrall P A
8525 Edinbrook Crossing, Ste. 201
Brooklyn Park, MN 55443-1983
After the necessary officials have signed the Contracts, they will be distributed as follows:
2 copies
I copy
I copy
Allied Black.10p Company (1 - your file, I - your bond company)
City of New Hope, Attention: Valerie Leone
Bonestroo & Associates, Attention: Jason Quisberg
Upon receipt of a signed Contract and a filed Certificate of Insurance, approved by the City of New Hope's
Attorney, a pre-construction conference will be scheduled with you and the City of New Hope to review the
Proj ect.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe.
~~
Jason P. Quisberg, P.E.
Enclosures: Four Contract Documents
cc: Steven Sondrall, City Attorney
Valerie Leone, City of New Hope
51. Paul. 51. Cloud. Rochester. MN . Milwaukee. WI . Chicago. IL
Affirmative Action/Equal Opportunity Employer and Employee O"''1ned
CI
---
newspapers
AFFIDAVIT OF PUBLICATION
STATE OF MINNESOTA)
ss.
COUNTY OF HENNEPIN)
Richard Hendrickson, being duly sworn on an oath states or affirms, that he is the Chief Fi.
nancial Officer of the newspaper known as Sun-Post
and has full knowledge of the facts stated below:
(A) The newspaper has complied with all of the requirements constituting qualification as a
qualified newspaper, as provided by Minn. Stat. 9331 A.02, 9331 A.O?, and other applic-
able laws, as amended,
(8) The printed public notice that is attached was publiShed in the newspaper once each
week, for ---2.!lL successive week(s); it was first published all Thursday, the ~ Jay
of
April
, 2006, and was thereafter printed and published on every Thursday
to and including Thursday, the
-.f
200G: 0:'i" :".7!~0cl
a copy of the lower case alphabet from A to Z, both inclusive, vvhich is hereby acknowl-
edged as being the size and kind of type used in the composition and publication of the
notice:
a bed efgh Ij kl mnopqrstuvw xyz
BY '~1(
CFO
Subscribed and sworn to or affirmed before me
on this ~ day of
/t7
1/ //L-i.t
Notary pl1br(c
April
,2006.
~) ~"
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.
MARY ANN CARLSON
NOTARY P\JBUC - MINNESOTA
MY COMMISSION EXPIRES 1-3H19
RATE INFORMATION
(1) Lowest classified rate paid by commercial users
for comparable space
$
2.85 per line
(2) Maximum rate allowed by law
$
6,20 per line
(3) Rate actually charged
$
1.30 per line
BilllilThl0US ,\-"oearl.tlg 2016 'Ion, Curt
& Gutter 1006 L.F., Bituminous
Saw/Seal 4371 L.F.. Construct
Drainage Structures 2 Each,
Miscell'aneous and Appurtenant
Construction Items, No bid will be
considered unless it is securely
scaled in an envelope and filed with
the Ciry Administrator prior to the
time noted for the opening of the
bids, A Cash Deposit, Ccnified
Check, or Bidder's Bond, payable to
the City of Kasson, in the amount of
not less than 5% of the amount of
the bid must accompany each
proposal as a guarantee that the
bidder. upon award of the Contract
will enter into a Contract with the
City of Kasson and furnish a Surety
Bond and Certificate of Insurance if
awarded the work. A Surety Bond
written for the full amount of the
Contract will be required with the
Contract The deposit will be subject
to forfeiture as provided by law.
The deposits from the three lowest
bidders will be retained by the City
of Kasson until it has arranged
financing for the project, but no
longer than thirty (30) days, The
City of Kasson reserves the right
to waive any informalities, to reject
any or all bids and to award the
Contract to the lowest responsible
bidder. Proposal Forms, Plans and
Specifications as prepared by QED
Engineering, Inc. are available at
QED Engineering, Tnc" 6301 Bandel
Road NW Suite 301. Rochester,
Ivil"! 55901 upon receipt of $25.00,
which is non-refundable. MAKE
CHECI(S P~;\YABLE TO the City
of Kasson, Bids shall be addressed
to: City Council, City of Kasson,
401 5 St SE, Kasson, Nil"! 55944,
Dated this 12th day of ApriL 2006,
Randy Lenth, City Administrator,
City of Kasson
04/21/2006
CITY OF MOORHEAD, MN
Bituminous Pavement
Rehabilitation & Overlay
CLOSING DATE: 05/10/06
ADVERTISEMENT FOR
BIDS
In accordance with Minnesota
Starutes Section 429,011 to 429.111.
sealed bids will be received by the
City of Moorhead, Minnesota in
the East Conference Room,
Basement, Moorhead City Hall, 500
Center Avenue, until 10:00 am,
May 10, 2006, at which time they
wili be publicly opened and read
aloud for furnishing all labor,
materials and all else necessary for
the constlucrion of:
Eng-ineering No. 06-A2-12.
Legal No. A2.12-2006
Bituminous Pavement
Rehabilitation and Overlay on
9th St N - 1st to 11th and 9th
Ave. N. - 9th to 11th
5,403 SY Biruminous Milling:
11,879 SY Geotextile Material;
11.879 CY Pavement Removal 12"
+/-: L980 Cr~ Class 5 Gravel (CY')
Temporary Potable Water
Distribution: 3.350 LF 6" Watermain
Replacement; 1,476 Ton \Vearing
Course ivlixrure: 62 EA Watermain
Services: 4.220 Ton Base Course
IvIixrure: 1.800 LF Concrete Curb
Replacement
Copies of the Contract
Documents and plans and
specifications are on file in the office
of the City Engineer and may be
obtained at the City Engineer's
office, Fourth Floor, 500 Center
Avenue, PO Box 779, upon payment
of a non-refundable fee of $50.00
for each set.
All bids shall be made on forms
attached to and made a part of the
specifications. Specifications and
plans, pursuant to which labor,
materials, or services must be
furnished. are on file at the Office of
the City Engineer or City Clerk of
the City of Moorhead. Minnesota,
and may be examined there, or
obtained upon request.
Each bidder must submit with
his bid a certified or a cashier's
check upon some reputable bank
of the State of Minnesota, payable
to the City of Moorhead, for at least
ten (l0) percent of the total amount
of such bid. which check and the
amount thereof, shall be forfeited to
the City of Moorhead, as liquidated
damages if the bidder upon the
letting of the contract to him, shall
fail to enter into the contract so let.
The bidder may submit a bidder's
bond written through an insurance
agencv or cash in tt'1e same amount
i~ lie~ of a certified check. The
successful bidder will be required to
furnish contract performance and
payment bonds, each in the full
amount of the contract.
All bids shall be sealed, shall
conta1.'1 a deposit of tt~c type specified
above. and may be filed with the
City Oetk during normal office hours
(8:00 a.m, to 4:30 p,m.) or hand
carried to the meeting prior to the
scheduled bid opening as specified
above, No bidder shall withdraw his
bid for at least 30 (thirty) days after
the scheduled closing time for the
receipt of bids, except with the
consent of the City Council,
The City Council of Moorhead
reserves the right to reject any or all
bids and to waive informalities.
Dated at Moorhead, Nlinnesota
April 17, 2006,
K,:>"x"E E, BUCHHOLZ
CITY CLERK
04/21/2006,04/28/2006
CITY OF NEW BRIGHTON,
MN
Utilities, Streets, Streetscape,
and Street Lighting
CLOSING DATE: 05/02/06
ADVERTISEMENT FOR
BIDS
Project 06-1, Northwest
Quadrant Phase I
Utilities, Streets, Streetscape,
and Street Lighting
Sealed proposals for the
construction of City of New
Brighton Project 06-1. Northwest
Quadrant Phase I Utilities, Streets,
Streetscape, and Street Lighting,
will be received at the Office of the
City Engineer in the City of New
Brighton until 9:00 a.m, on the 2nd
of May, 2006, then publicly opened
and read aloud. The approximate
major quantities for Project 06-1
are:
765 LF of 12" HDPE Watermain
installed by HDD
2,200 LF of PVC (C900)
Watermain, sizes 6" through 12"
1,850 LF of Sanitary Sewer, sizes
6" through 12"
2.290 ~LF of Storm Sewer. sizes
12' through 42"
5,800 LF of Concrete Curb &
Gutter. B624
14,000 SF of Concrete SidewaLlc
3,030 Tons of Aggregate Base
2,430 Tons o(Bituminous
Surfacing
2,500 SF of Concrete Pavers
6,800 SF of Integrally colored
concrete pavement
2.813 EA Trees, Shrubs, and
Perennials
24,000 SF of Automatic Irrigation
System
33 EA Ornamental Street Light
System
1.600 LF of 3" Polyethylene
Conduit for future fiber oplic cable
Copies of the plans and
specifications may be exantined and
obtained at the Office of the City
Engineer, 803 - Old Highwav 8
N\V, New Brighton, Mi'ililesota,
55112, on deposit of $75,00 per set
wito a S i 0,00 charge per set if
mailed, of which the 575,00 deposit
will be refunded to each
unsuccessful bidder. who submits a
bona fide bid, upon rerum of the
plans and specifications in good
condition within ten (l0) days after
the date specified for the receipt of
bids,
All proposals shall be made on
forms similar to those attached to
and made a part of the proposed
contract documents. and shall be
addressed to:
Leslie J. Proper. P,E.. City
Engineer
CitY of New Brighton
803 - Old Highv7ay 8 NW
New Brighton. Minnesota 55112
and endorsed with: (Name of
Bidder)
PROJECT 06-1, NORTHI;VEST
QUADRA1'iT PHASE I
UTILITIES, STREETS,
STREETS CAPE, AND STREET
LIGHTING
Each proposal shall be
accompanied by a certified check or
bid bond made payable to the City
of New Brighton in the amount of
5% of the bid as a guarantee that
such bidder will enter into a contract
with said City, in accordance with
the terms of such letting and bid in
case such bidder be awarded a
contract.
The right is reserved to accept
any bid, or to reject any or all bids.
04/0712006, 04/1412006,
04/2112006
CITY OF NEW HOPE, lVIN
Crack Repair & Seal Coat
Project
CLOSll\iG DATE: 05/12/06
ADVERTISEME1'\rr FOR BIDS
Scaled B ids will be received by
the City of New Hope, Minnesota,
in the City Hall at 4401 Xylon
Avenue North, until 11:00 A.M.,
C.D.S.T~, on Friday, May 12,2006,
at which time they will be publicly
opened and read aloud for the
furnishing of all labor, materials,
and all else necessary for the
following:
2006 Crack Repair and Seal Coat
City Maintenance Project
Consisting of the following
approximate quantities:
900 TN FA-2
Aggregate; 16,000 GL Biruminous
Material for Seal Coat; 10,600 LB
Route and Seal; 36,500
LF Striping, Paint (incl. pavement
messages, crosswalks, etc,)
Bidders desiring a copy of the
Bidding Documents mav obtain
them f;om the Issuing Office of
Bonestroo, Rosene, Anderlik &
Associates, Tnc" Consulting
Engineers, 2335 West Highwav 36,
St.-Paul, MN 55113, (651) 636~
4600 upon a payment of a non-
refundable fee of 540.\Hl. Bidding
Documents may be seen at the City
Clerk's office in New Hope and the
Issuing Office, Bidding Documents
can al;o be purchased -with a credit
card over the internet at
www.bonestroo.com.
Direct inquiries to Engineer's
Project Engineer, Jason Quisberg
at (651) 604-4938,
Bid SecuritY in the amount of 5
percent of th; amount of the Bid
must accompany each Bid in
accordance with the Instructions to
Bidders,
The Owner reserves the right to
retain the deposits of the 3 lowest
Bidders for a period not to exceed
60 davs after the date and the time
set fo~ the Opening of Bids,
The Owner reserves the right to
reject anv and all Bids, to waive
iITe!!Ularities and information therein
and further reserves the right to
award the Contract to the best
interests of the Owner.
Daniel Donahue, City Manager
City of New Hope, Minnesota
04/21/2006, 04/28/2006
acppubs.com
CONSTRUCTION BUll.ETIN April 21, 2006 75
of Monticello, Said proposals for
the furnishing of all labor and
materials for-the construction.
complete in-place, of the following
approximate quantities:
15,500 CY COULmon Excavation
9,000 CY Select Granular
Borrow
16,500 SY Reclaim Bituminous
Surface
3.800 TON Bituminous Pavement
2,000 SY Bituminous Seal Coat
8,000 LF Concrete Curb and
Gutter Design, Mod, D
4.000 LF 15" - 36" CP Storm
Sewer
300 SF Large Block Retaining
Wall
The bids must be submitted on
the Proposal Forms provided in
accordance with the Contract
Documents, Plans, and
Specifications as prepared by WSB
& Associates, Inc" 70 I Xenia
Avenue South, Suite 300,
tv!inneapolis, J'vIN 55416, which are
on file with the City Administrator
of Monticello and may be seen at the
office of the Consulting Engineers
or at the office of the City
Administrator,
Copies of Proposal Forms and
the Plans and Specifications for use
by contractors submitting a bid may
be obtained from the Consulting
Engineers, WSB & Associates, Inc"
70 I Xenia Avenue South, Suite 300,
Minneapolis, MN 55416, upon
deposit of Fifty Dollars (550,00)
(non-refundable) per set (I ]" x 17"
plans), which includes Twenty-Five
Dollars (525,00) for the Standard
City of Monticello Specification,
The Standard Specifications for the
City of Monticello were updated in
March 2006. Potential bidders will
be required to purchase an updated
copy of the Standard City of
Monticello Specification, Once a
Standard City of Monticello
Specitication is purchased, future
purchase of plans may not require
additional purchase of the Standard
City of Monticello Specitications
for the year 2006.
No bids will be considered unless
sealed and filed with the City
Administrator of Monticello and
accompanied by a cash deposit.
cashier's check, or certitied check,
or bid bond made payable to the
City of iVlontice!lo for tive percem
(5S;-) of the amount bid, to be
forfeited as liquidated damages in
the event that the bid be accepted
and the bidder faillo enter promptly
imo a written contract and furnish
the required bond
No bids may be withdrawn for a
period of forty-live (45) days from
the date of opening of bids, The
City of Montice!!o reserves the right
to reject any or all bids,
DATED: April 24, 2006
BY ORDER OF THE CiTY
COUNCIL
s/s Rick Wolfsteller
City Administrator
Monticello. Ml"i'
04/2812006. 05/05/2006
CITY OF MOORHEAD, MN
Bituminous Pavement
Rehabilitation & Overlay
CLOSING DATE: 05/10/06
ADVERTISEMENT FOR
BIDS
In accordance with Minnesota
Statutes Section 429,0 II to 429 ,Ill,
sealed bids will be received by the
City of Moorhead, Minnesota in
the East Conference Room,
Basement Moorhead Cirv Hall. 500
Center Avenue, until 10:00 am,
May 10,2006, at which time they
will be publicly opened and read
aloud for furnishing all labor,
materials and all else necessary for
the construction of:
Engineering No. 06.A2.12.
Legal No. A2-12-2006
Bituminous Pavement
Rehabilitation and Overlav on
9th St N - 1st to 11th and 9th
Ave. N. - 9th to 11th
5,403 SY Bituminous Milling;
11,879 SY Geotextile Material;
11,879 CY Pavement Removal 12"
+/-: 1,980 CY Gass 5 Gravel (CV);
Temporary Potable Water
Distribution; 3,350 LF 6" Watermain
Replacement; 1,476 Ton Wearing
Course Mixture: 62 Ell. Watermain
Services: 4.220 Ton Base Course
Mixture: 1.800 LF Concrete Curb
Replacement
Copies of the Contract
Documents and plans and
specifications are on file in the office
of the City Engineer and may be
obtained at the City Engineer's
office, Fourth Floor. 500 Center
Avenue. PO Box 779, upon payment
of a non-refundable fee of $50.00
for each set.
All bids shall be made on forms
attached to and made a part of the
specifications, Specifications and
plans, pursuant to which labor,
materials, or services must be
furnished. are on lile at the Office of
the City Engineer or City Clerk of
the City of Moorhead. lvlinnesota,
and may be examined there. or
obtained upon request.
Each bidder must submit with
his bid a certified or a cashier's
ch.eck upon s.?me reputable bank
OJ the St'-lte Of I\1Innesota. payable
to the City of Moorhead, for at least
ten ( 10) percent of the total amount
of such bid, which check and the
amount thereof. shall be forfeited to
the City of Moorhead, as liquidated
damages if the bidder upon the
letting of the contract to him, shall
fail to enter into the contract so let.
The bidder may submit a bidder's
bond written through an insurance
agency or cash in the same amount
in lieu of a certitied check. The
successful bidder will be required to
furnish contract performance and
payment bonds, each in the full
a\l1ount of the contract.
All bids shall be sealed, shall
contain a deposit of the type
specified above, and may be filed
with the City Clerk during normal
office hours (8:00 a.m. to 4:30 p,m.)
or hand carried to the meeting prior
to the scheduled bid opening as
specified above, No bidder shall
withdraw his bid for at least 30
(thirty) days after the scheduled
closing time for the receipt of bids,
except with the consent of the City
Council.
The City Council of Moorhead
reserves the right to reject any or all
bids and to waive informalities,
Dated at Moorhead, Mifl..nesota
April 17, 2006,
KA.YE E. BUCHHOLZ
CITY CLERK
04/21/2006, 04/2812006
CITY OF MOORHEAD, lVIN
Pavement Rehabilitation of 4th
Street South
CLOSING DATE: OS/24/06
ADVERTISEMEl'-iT FOR BIDS
Sealed bids will be received by
the City of Moorhead, Minnesota in
the East Conference Room,
Basement, Moorhead City Hall,
500 Center Avenue, until 10:00 a.m.
May 24th, 2006, at which time they
will be publicly opened and read
aloud for furnishing all labor,
materials and all else necessary for
the construction of:
Pavement Rehabilitation of 4th
Street South
SP 144-104-13, SP 144-120-17
STPX 1406 (038)
City Project No. 05-A2-16
lVIAJOR CONTRACT
ITElViS:
Remove Curb and Gutter - 1,802
LF
Common Exc, - 10.144 CY
Remove Bit. Pavement - 14,897
SY
Sub!lrade Exc, - 4,966 CY
Agg~egate Base - 3.191 CY
Common Borrow - 4,966 CY
Bituminous Pavement - 4,911
Ton
Select Granular - 4,966 CY
Geotextile Fabric - 15,197 SY
Geogrid 15.197 SY
Concrete Curb and Gutter - 2.021
LF
Minimum wage rates to be paid
by the Contractors have been
predetermined and are subject to
the Work Hours Act of 1962, P,L.
87-581 and implementing
regulations.
READ CAREFULLY THE
WAGE SCALES AND DIVISION
A OF THE SPECIAL
PROVISIONS AS THEY AFFECT
THIS/THESE
PROJECT /PROJECTS
The Minnesota Department of
Transportation hereby notifies all
bidders:
in accordance with Title VI of
the Civil Rights Act of 1964 (Act),
as amended-and Title 49, Code of
Federal Regulations, Subtitle A Part
21. Non-discrimination in Federally-
assisted programs of the Deparunent
of Transportation, it will
affirmatively assure that in any
contract entered into pursuant to
this advertisement, disadvantaged
business enterprises will be afforded
maximum opportUnity to participate
and/or to submit bids in response to
this invitation. and will not be
discriminated against on the !!rounds
of race, colo~, disability, age,
religion, sex or national origin in
con~ideration for an award: -
in accordance with Title VIol'
the Civil Rights Act of 1964 as
amended, and Title 23, Code of
Federal Regulations, Part 230
Subpart A-Equal Employment
Opporruruty on Federal and Federal-
Aid Construction Contracts
(including supportive services), it
will affirmatively assure increased
participation of minority groups
and disadvantaged persons and
women in all phases of the highway
construction industry, and that on
any project constructed pursuant to
this advertisement equal
employment opportunity will be
provided to all persons without
regard to their race, color, disability,
age, religion, sex or national origin;
04/28/2006, 05/05/2006,
05/12/2006
._,..,..,.,.....,.~ 0.,.-:" ,~...-.<o:..,. iI"~.""'':!'p .... ,,.....,.T
\....11 ! 'VI' t"'l!:' vV nvr.c.., lVli'4
Crack Repair & Seal Coat
Project
CLOSING DATE: 05/12/06
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by
the City of New Hope, Minnesota,
in the City Hall at 4401 Xylon
Avenue North, until 11:00 A.M.,
CD.S.T" on Friday, May 12, 2006,
at which time they will be publicly
opened and read aloud for the
furnishing of all labor. materials,
and all else necessary for the
following:
2006 Crack Repair and Seal Coal.
City" rYL.linten,mce Project
Consisting of the following
approximate quantities:
900 TN FA-2
,'\!lQre!late: 16,000 GL Bituminous
lvi~lerGI for Seal Coat: 10,600 LB
Route and Seal: 36,500
LF Striping, Paint lincl. pavement
messa!les, crosswalks, etc.)
Bidders desiring a copy of the
Bidding Documents mav obtain
them f;om the Issuing Office of
Bonestroo, Rosene, Anderlik &
Associates, Inc.. Consulting
Engineers, 2335 West Highway 36,
acppubs.com
CONSTRUCTION iEllHL!..iE1'IN April 28, 2006 71
June 9, 2006
Mr. Daniel Smith
Allied Blacktop Company
10503 89th Avenue North
Maple Grove, MN 55369
SUBJECT: 2006 CRACK REPAIR AND SEAL COAT
(IMPROVEMENT PROJECT NO. 803)
Enclosed are two fully executed contract documents for New Hope Project No. 803. One
contract set is for your records and the second set should be transmitted to your bonding
company. This contract was awarded by the New Hope City Council on May 22, 2006, for
$104,005.
Also enclosed is a "Withholding Affidavit for Contractors" (IC-134 form). We cannot make
final payment to contractors until this is approved by the Minnesota Department of
Revenue and submitted to our office (Minnesota Statute 290.97). The form contains
instructions for completion.
Should you have any questions regarding the project, please contact Vince VanderTop,
Assistant City Engineer, at 651-636-4790.
Sincerely,
~
Valerie Leone
City Clerk, CMC
Enclosures - Contract, IC-134
cc: Steve Sondrall, City Attorney (File No. 99.10030)
Vince VanderTop, Assistant City Engineer (File No. 34-06180-0)
Guy Johnson, Director of Public Works
CITY OF NEW HOPE
4401 Xylon Avenue North ~ New Hope, Minnesota 55428-4898. www.ci.new-hope.mn.us
City Hall: 763-531-5100 ~ Police (non-emergency): 763-531-5170 ~ Public Works: 763-592-6777 ~ TOO: 763-531-5109
City Hall Fax: 763-531-5136 -> Police Fax: 763-531-5174. Public Works Fax: 763-592-6776
COUNCIL
~.
en.'.'
Request for Action
Originating Department
Approved for Agenda
Agenda Section
Guy Johnson
July 24, 2006
Consent
Item No.
Public Works
By:
6.12
Resolution accepting the 2006 Crack Repair and Seal Coat Project and approving the final payment request
(improvement project no. 803)
Requested Action
Staff recommends that Council approve a resolution to accept the 2006 Crack Repair and Seal Coat Project 803
and authorize the final payment to Allied Blacktop Company in the amount of $99,135.20.
Policy/Past Practice
To maximize the life of the pavement on our city streets, New Hope has traditionaliy practiced seal coating of
all city streets. This is an activity that is critical to the city's current pavement management program. If
delayed, maintenance cost increases and may result in premature expenditures for pavement overlays or
reconstruction. Crack repair and seal coating is most effective in the early stages of the pavement's life.
Background
The city's road way management plan identifies and prioritizes street maintenance activities to provide the
maximum benefit. The management plan determined the scope of this year's crack repair and seal coat project
after a thorough analysis of the street infrastructure. This year's crack repair and seal coat activities occurred
in the neighborhoods between 36th Avenue North and Medicine Lake Road, west of Boone Avenue; and on
East Research Center Road.
On May 22, 2006, the Council approved a contract with Allied Blacktop for the 2006 Crack Repair and Seal
Coat Project. The amount of the original contract was $104,005. All work has been satisfactorily
completed. The final value of the work is $99,135.20.
Motion by
j~i ~ (7 /
I. '1...,/; ./ ..4--./
/CULJI ~/2Vj/lfA~.
.. '-'" '
Second by
To:
Ci0 - /09
I:\RFA \PUBWORKS\2006\S03 Seal Coat FinaLdocS03 Seal Coat Final
Request for Action
Page 2
July 24, 2006
Funding
Funding is available in the city's street fund.
Attachments
Attached are copies of the resolution, the engineer's memorandum recommending the acceptance of the
project, and the final pay request.
I:\RFA \PUBWORKS\ 2006\ 803 Seal Coat Final.doc803 Seal Coat Final
City of New Hope
Resolution No. 06-109
Resolution to accept the 2006 Crack Repair and Seal Coat Project
and to approve the final payment request
(improvement project no. 803)
WHEREAS, the city has entered into a contract with Allied Blacktop Company for the 2006
crack repair and seal coat project; and,
WHEREAS, staff is recommending that the Council adopt a resolution to accept
improvement project 803 and approve final payment to Allied Blacktop
Company in the amount of $99,135.20; and,
WHEREAS, the city engineer has reported that all work has been satisfactorily completed
and recommends that final payment be made to Allied Blacktop Company.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the city of New Hope,
Hennepin County, Minnesota:
1. That the City Council accepts the 2006 crack repair and seal coat project from
Allied Blacktop Company.
2. That the city manager is hereby directed to authorize the final payment of
$99,135.20 to Allied Blacktop Company.
Adopted by the City Council of the city of New Hope, Hennepin County, Minnesota, this 24th
day of July, 2006.
'kfA~~
Attest:
City Clerk
j:RFA \Pubworks\2006\803 Seal Coat Final Resolution
)'~1J Bonestroo
.", C"'. Rosene
Anderlik &
Associates
I
I
I 2335 West Highway 36 · St. Paul, MN 55113
I Office: 651-636-4600 . Fax: 651-636-.1311
j
i www.bonestroo.com
I
Engineers & Architects
July 11, 2006
Mr. Guy Johnson
City of New Hope Public Works
5500 International Parkway
New Hope, MN 55428
Re: 2006 Crack Repair and Seal Coat Project
City Project No. 803
Bonestroo Project No. 000034-06180-0
Dear Guy:
Enclosed find the signed, final pay request for the 2006 Crack Repair and Seal Coat project and
confirmation of the Contractor's Withholding Affidavit. All work involved has been completed. We
recommend final payment in the amount of $99,135.20.
The original contract was for $104,005.00. The final value of work completed is $99,135.20, or
$4,869.80 (4.7%) less than the original contract. The savings is a result of a reduction in estimated
quantities of materials required to complete the work while maintaining accordance with the
specifications.
If you have questions, please contact me at 651-604-4938.
Sincerely,
BONESTROO, ROSENE, ANDERLIK & ASSOCIATES, INe.
~~
Jason Quisberg
enclosures
· St. Paul St. Cloud Rocheste MN. Milwaukee WI · Ch IL
Affirmative Action/Equal Opportunity Employer and Employee Owned
",.
III.
Owner: City of New Hope, 4401 XYlon Avenue N., New Hope, MN 55428-4898 Date: July 6,2006
For Period: 5/1212006 to 7/612006 Request No: 1 AND FINAL
Contractor: Allied Blacktop, 10503 89th Avenue North, Maple Grove, MN 55369
CONTRACTOR'S REQUEST FOR PAYMENT
2006 CRACK REPAIR AND SEAL COAT, CITY MAINTENANCE PROJECT
BRA FILE NO. 000034-06180-0
CITY PROJECT NO, 803
SUMMARY
1 Original Contract Amount $ 104,005.00
2 Change Order - Addmon $ 0.00
3 Change Order - Deduction $ 0.00
4 Revised Contract Amount $ 104,005,00
5 Value Completed to Date $ 99,135,20
6 Material on Hand $ 0.00
7 Amount Earned $ 99,135,20
8 Less Retainage 0% $ 0,00
9 Subtotal $ 99,135.20
10 Less Amount Paid Previously $ 0.00
11 Uquidated damages - $ 0,00
12 AMOUNT DUE THIS REQUEST FOR PAYMENT NO. 1 AND FINAL $ 99,135.20
Recommended for Approval by:
BONESTROO, ROSENE, ANDERLlK & ASSOCIATES, INC.
~~
prr;:
o/Y\
~~
APprdv.r}l,e e(d!> Owner:
CITY bF .... EW HOPE '
~;laL
Approved by Contractor:
ALLIED BLACKTOP
Specified Contract Completion Date:
Date:
7 /J> '1/6(p
I
00OO3406180-0REQ1 FINALxls
Contract Unit Quantity Amount
No. Item Unit Quantity Price to Date to Date
BASE BID:
1 MOBILIZATION LS 1 500.00 1 $500.00
2 TRAFFIC CONTROL LS 1 2500.00 1 $2,500,00
3 ROUTE AND SEAL LB 11400 1.49 9120 $13,588.80
4 BITUMINOUS MATERIAL FOR SEAL COAT GAL 17600 1.79 18760 $33,580.40
5 SEAL COAT AGGREGATE, FA-2, GRANITE TN 975 39.00 884 $34,476.00
6 PAVEMENT MARKINGS LS 1 14490.00 1 $14,490.00
TOTAL BASE BID: $99,135.20
TOTAL BASE BID:
$99,135.20
TOTAL WORK COMPLETED TO DATE
$99,135,20
00OO3405180-0REQ1 FINAl.xIs
PROJECT PAYMENT STATUS
OWNER CITY OF NEW HOPE
CITY PROJECT NO. 803
BRA FILE NO. 000034-06180-0
CONTRACTOR ALLIED BLACKTOP
CHANGE ORDERS
No.
Date
Description
Amount
Total Change Orders
PAYMENT SUMMARY
No. From
1 AND FINAL I 05/12/2006
To
07/06/06
Payment
99,135.20
Retainage
Completed
99,135.20
Material on Hand
Total Payment to Date $99,135.20 Original Contract $104,005,00
Retainage Pay No, 1 AND FINAL Change Orders
Total Amount Earned $99,135.20 Revised Contract $104,005,00
00003406180-OREQ1 FINALxls
Page] ofl
MINNESOTA- REVENUE
Contractor's Withholding Affidavit
Conflnnation
ALLlEO BLACKTOP COMPANY
10 8606387
Please keep this Information for your records.
Submit a copy of thIs page to the projec::t owner to receive your final payment.
Confinnation number
Project owner
Project number
Project begin date
Project end date
Project location
Subcontmctors
120745 Frf Jun 3011:56:36 COT 2006
CITY OF NEW HOPE
0619
June 2006
June 2006
VARIOUS STREETS AND ROADS
No subcontractors listed.
https:J/www.mndor.statc.mn.uslwc/actionlconfirmationPrint
613012006
Project Manual For
2006 Crack Repair and Seal Coat
City Maintenance Project
ew Hope,
innesota
File Noo 000034-06180-0
April 2006
Bonestroo
fill _ Rosene
~ Anderlik &
1\11 Associates
Engineers & Architects
PERFORMANCE BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
SURETY (Name and Address of Principal Place of Business):
CONTRACTOR (Name and Address):
Allied Blacktop Company
10503-89th Ave. NO., Maple Grove, MN 55369
OWNER (Name and Address):
City of New Hope
City Hall/4401 Xylon Avenue North
New Hope, MN 55428-4898
CONTRACT
Date: May 23, 2006
Amount: $104,005.00
Description (Name and Location): 2006 Crack Repair and Seal Coat
City Maintenance Project
BOND
Bond Number: 929398762
Date (Not earlier than Contract Date): May 25, 2006
Amount: $104,005.00
Modifications to this Bond Form: None
Western Surety Company
101 South Phillipps Avenue
Sioux Falls, SD 57192
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause
this Performance Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRlNCIP AL
company:~ied Blacktop Company
S~gnature: '-. ~ ~ f!J l.I!.f.-~
Name and ttle: P&er m 'eap; '5lfOvnr
Vice presictenr
(Space is provided below for signatures of additional
parties, if required.)
CONTRACTOR AS PRlNCIP AL
Company:
Signature:
Name and Title:
(Seal)
SURETY
(Seal)
By:
Signature and Itle John Go Hagberg
(Attach Power of Attorney) Attorney-In-Fact
i' .:(
~/ .;"* /Jl/i // .1
Attest: 'x;,.../:,/'[L.t/I'LJ!./
Signature and Title
Y/ ...1
//~ ~
. '.. C'(t~
()
SURETY
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature
EJCDC No. C-610 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated General
Contractors of America, and the American Institute of Architects.
00610-1
1. Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner for the performance of
the Contract, which is incorporated herein by reference.
2, If Contractor performs the Contract, Surety and Contractor have no obligation
under this Bond, except to participate in conferences as provided in Paragraph 3,1.
3, If there is no Owner Default, Surety's obligation under this Bond shall arise
after:
3,1.
Owner has notified Contractor and Surety, at the addresses described in
Paragraph 10 below, that Owner is considering declaring a Contractor
Default and has requested and attempted to arrange a conference with
Contractor and Surety to be held not later than 15 days after receipt of
such notice to discuss methods of performing the Contract. If Owner,
Contractor and Surety agree, Contractor shall be allowed a reasonable
time to perform the Contract, but such an agreement shall not waive
Owner's right, if any, subsequently to declare a Contractor Default; and
3.2,
Owner has declared a Contractor Default and formally terminated
Contractor's right to complete the Contract. Such Contractor Default
shall not be declared earlier than 20 days after Contractor and Surety
have received notice as provided in Paragraph 3,1; and
3.3, Owner has agreed to pay the Balance of the Contract Price to:
1, Surety in accordance with the terms of the Contract;
2, Another contractor selected pursuant to Paragraph 4,3 to perform the
Contract.
4, When Owner has satisfied the conditions of Paragraph 3, Surety shall promptly
and at Surety's expense take one of the following actions:
4,1. Arrange for Contractor, with consent of Owner, to perform and
complete the Contract; or
4,2,
Undertake to perform and complete the Contract itself, through its
agents or through independent contractors; or
4.3,
Obtain bids or negotiated proposals from qualified contractors acceptable
to Owner for a contract for performance and completion of the Contract,
arrange for a contract to be prepared for execution by Owner and
Contractor selected with Owner's concurrence, to be secured with
performance and payment bonds executed by a qualified surety
equivalent to the bonds issued on the Contract, and pay to Owner the
amount of damages as described in Paragraph 6 in excess of the Balance
of the Contract Price incurred by Owner resulting from Contractor
Default: or
4.4.
Waive its right to perform and complete, arrange for completion, or
obtain a new contractor and with reasonable promptness under the
circumstances:
1. After investigation, determine the amount for which it may be liable
to Owner and, as soon as practicable after the amount is determined,
tender payment therefor to Owner; or
2. Deny liability in whole or in part and notify Owner citing reasons
therefor,
5. If Surety does not proceed as provided in Paragraph 4 with reasonable
promptness, Surety shall be deemed to be in default on this Bond 15 days after
receipt of an additional written notice from Owner to Surety demanding that Surety
perform its obligations under this Bond, and Owner shall be entitled to enforce any
remedy available to Owner, If Surety proceeds as provided in Paragraph 4.4, and
Owner refuses the payment tendered or Surety has denied liability, in whole or in
part, without further notice Owner shall be entitled to enforce any remedy available
to Owner,
FOR INFORMATION ONLY - Name, Address and Telephone
Surety Agency or Broker
Owner's Representative (engineer or other party)
6, After Owner has terminated Contractor's right to complete the Contract, and if
Surety elects to act under Paragraph 4.1, 4.2, or 4.3 above, then the responsibilities
of Surety to Owner shall not be greater than those of Contractor under the Contract,
and the responsibilities of Owner to Surety shall not be greater than those of Owner
under the Contract. To a limit of the amount of this Bond, but subject to
commitment by Owner of the Balance of the Contract Price to mitigation of costs
and damages on the Contract, Surety is obligated without duplication for:
6,1. The responsibilities of Contractor for correction of defective Work and
completion of the Contract;
6,2. Additional legal, design professional, and delay costs resulting from
Contractor's Default, and resulting from the actions or failure to act of
Surety under Paragraph 4; and
6.3, Liquidated damages, or if no liquidated damages are specified in the
Contract, actual damages caused by delayed performance or non-
performance of Contractor,
7, Surety shall not be liable to Owner or others for obligations of Contractor that
are unrelated to the Contract, and the Balance of the Contract Price shall not be
reduced or set off on account of any such unrelated obligations, No right of action
shall accrue on this Bond to any person or entity other than Owner or its heirs,
executors, administrators, or successors,
8, Surety hereby waives notice of any change, including changes of time, to
Contract or to related subcontracts, purchase orders, and other obligations,
9, Any proceeding, legal or equitable, under this Bond may be instituted in any
court of competent jurisdiction in the location in which the Work or part of the
Work is located and shall be instituted within two years after Contractor Default or
within two years after Contractor ceased working or within two years after Surety
refuses or fails to perform its obligations under this Bond, whichever occurs first. If
the provisions of this paragraph are void or prohibited by law, the minimum period
of limitation available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
10, Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
address shown on the signature page,
11, When this Bond has been furnished to comply with. a statutory requirement in
the location;vhere the,Contr'j,ct was to b,:-.performed,any provision in this Bond
conflicting \'fith saidstatutoryrequir<;,ment'shall..be deemed deleted herefrom and
provisions conforming to such s!ftutory requirement shall be deemed incorporated
herein, The intent is that this Bond shall be construed as a statutory bond and not as
a common law bond,
12, Definitions,
12,1 Balance of the Contract Price: The total amount payable by Owner to
Contractor under the Contract after all proper adjustments have been
made, including allowance to Contractor of any amounts received or to
be received by Owner in settlement of insurance or other Claims for
damages to which Contractor is entitled, reduced by all valid and proper
payments made to or on behalf of Contractor under the Contract.
12,2, Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto,
12,3, Contractor Default: Failure of Contractor, which has neither been
remedied nor waived, to perform or otherwise to comply with the terms
of the Contract.
12.4, Owner Default: Failure of Owner, which has neither been remedied nor
waived, to pay Contractor as required by the Contract or to perform and
complete or comply with the other terms thereof,
NORTHERN CAPITAL INSURANCE GROUP
P.O. BOX 9396
MINNEAPOLIS, MN 55440-9396
00610-2
PAYMENT BOND
Any singular reference to Contractor, Surety, Owner, or other party shall be considered plural where applicable.
CONTRACTOR (Name and Address):
Allied Blacktop Company
10503-89th Ave. NO.,'Maple
OWNER (Name and Address):
City of New Hope
City Hall/4401 Xylon Avenue
~~~e, MN 55428-4898
Date: May 23, 2006
Amount: $104,005.00
Description (Name and Location):
SURETY (Name and Address of Principal Place of Business):
Grove, MN 55369
North
Western Surety Company
101 South Phillipps Avenue
Sioux Falls, SD 57192
2006 Crack Repair and Seal Coat
City Maintenance Project
BOND
Bond Nwnber: 929398762
Date (Not earlier than Contract Date): May 25, 2006
Amount: $104,005.00
Modifications to this Bond Form: None
Surety and Contractor, intending to be legally bound hereby, subject to the terms printed on the reverse side hereof, do each cause
this Payment Bond to be duly executed on its behalf by its authorized officer, agent, or representative.
CONTRACTOR AS PRlNCIP AL
Company: Allied Blacktop Company
Sign'to" [G.c ~ tL~-ck
N dTlv ....., 'lI"'"
1 ame an~. (. 4, ~ ').j .J..-
Peffr. ril, 'OpJ?,Oj7/
VI CE ~J; d..errt
(Space is provided below for signatures of additional
parties, if required.)
CONTRACTOR AS PRlNCIP AL
Company:
Signature:
Name and Title:
(Seal)
SURETY
(Seal)
/)
Attest: /fLl1/tiU!4:U
Signature and Title
c
;J -,
Y C;;(e/lf'? ..
(J
SURETY
(Seal)
Surety's Name and Corporate Seal
By:
Signature and Title
(Attach Power of Attorney)
Attest:
Signature and Title:
EJCDC No. C-615 (2002 Edition)
Originally prepared through the joint efforts of the Surety Association of America, Engineers Joint Contract Documents Committee, the Associated
General Contractors of America, the American Institute of Architects, the American Subcontractors Association, and the Associated Specialty Contractors.
00615-1
1, Contractor and Surety, jointly and severally, bind themselves, their heirs,
executors, administrators, successors, and assigns to Owner to pay for labor,
materials, and equipment furnished by Claimants for use in the performance of
the Contract, which is incorporated herein by reference.
2, With respect to Owner, this obligation shall be null and void if Contractor:
2,1. Promptly makes payment, directly or indirectly, for all sums due
Claimants, and
2,2. Defends, indemnifies, and holds harmless Owner from all claims,
demands, liens, or suits alleging non-payment by Contractor by any
person or entity who furnished labor, materials, or equipment for use
in the performance of the Contract, provided Owner has promptly
notified Contractor and Surety (at the addresses described in
Paragraph 12) of any claims, demands, liens, or suits and tendered
defense of such claims, demands, liens, or suits to Contractor and
Surety, and provided there is no Owner Default.
3. With respect to Claimants, this obligation shall be null and void if
Contractor promptly makes payment, directly or indirectly, for all sums due,
4, Surety shall have no obligation to Claimants under this Bond until:
4,1, Claimants who are employed by or have a direct contract with
Contractor have given notice to Surety (at the addresses described in
Paragraph 12) and sent a copy, or notice thereof, to Owner, stating
that a claim is being made under this Bond and, with substantial
accuracy, the amount of the claim.
4,2. Claimants who do not have a direct contract with Contractor:
1, Have furnished written notice to Contractor and sent a copy, or
notice thereof, to Owner, within 90 days after having last
performed labor or last furnished materials or equipment included
in the claim stating, with substantial accuracy, the amount of the
claim and the name of the pany to whom the materials or
equipment were furnished or supplied, or for whom the labor was
done or performed; and
2, Have either received a rejection in whole or in part from
Contractor, or not received within 30 days of furnishing the above
notice any communication from Contractor by which Contractor
had indicated the claim will be paid directly or indirectly; and
3, Not having been paid within the above 30 days, have sent a
written notice to Surety and sent a copy, or notice thereof, to
Owner, stating that a claim is being made under this Bond and
enclosing a copy of the previous written notice furnished to
Contractor,
5, If a notice by a Claimant required by Paragraph 4 is provided by Owner to
Contractor or to Surety, that is sufficient compliance,
6, When a Claimant has satisfied the conditions of Paragraph 4, the Surety
shall promptly and at Surety's expense take the following actions:
6,1. Send an answer to that Claimant, with a copy to Owner, within 45
days after receipt of the claim, stating the amounts that are undisputed
and the basis for challenging any amounts that are disputed,
6,2. Payor arrange for payment of any undisputed amounts,
7, Surety's total obligation shall not exceed the amount of this Bond, and the
amount of this Bond shall be credited for any payments made in good faith by
Surety ,
FOR INFORL\-IA nON ONLY - Name, Address and Telephone
Surety Agency or Broker:
Owner's Representative (engineer or other party):
8, Amounts owed by Owner to Contractor under the Contract shall be used for
the performance of the Contract and to satisfy claims, if any, under any
performance bond. By Contractor furnishing and Owner accepting this Bond.
they agree that all funds earned by Contractor in the performance of the
Contract are dedicated to satisfy obligations of Contractor and Surety under
this Bond, subject to Owner's priority to use the funds for the completion of
the Work.
9, Surety shall not be liable to Owner, Claimants, or others for obligations of
Contractor that are unrelated to the Contract. Owner shall not be liable for
payment of any costs or expenses of any Claimant under this Bond, and shall
have under this Bond no obligations to make payments to, give notices on
behalf of, or otherwise have obligations to Claimants under this Bond.
10. Surety hereby waives notice of any change, including changes of time, to
the Contract or to related Subcontracts, purchase orders and other obligations.
11, No suit or action shall be commenced by a Claimant under this Bond other
than in a court of competent jurisdiction in the location in which the Work or
part of the Work is located or after the expiration of one year from the date (1)
on which the Claimant gave the notice required by Paragraph 4.1 or Paragraph
4,2,3, or (2) on which the last labor or service was performed by anyone or
the last materials or equipment were furnished by anyone under the
Construction Contract, whichever of (1) or (2) first occurs. If the provisions
of this paragraph are void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the jurisdiction of the suit shall
be applicable,
12. Notice to Surety, Owner, or Contractor shall be mailed or delivered to the
addresses shown on the signature page, Actual receipt of notice by Surety,
Owner, or Contractor, however accomplished, shall be sufficient compliance
as of the date received at the address shown on the signature page.
13. When this Bond has been furnished to comply with a statutory requirement
in the location where the Contract was to be performed, any provision in this
Bond conflicting with said statutory requirement shall be deemed deleted
here from and provisionsconforrning to such statutory requirement shall be
deemed incorporated herein, The. intent is that this Bond shall be construed as
a statUtory Bond and not as a commonlaw bond,
14, Upon request of any person or entity appearing to be a potential
beneficiary of this Bond, Contractor shall promptly furnish a copy of this Bond
or shall permit a copy to be made.
15. DEFINlTIONS
15,1. Claimant: An individual or entity having a direct contract with
Contractor, or with a first-tier subcontractor of Contractor, to furnish
labor, materials, or -equipment for use in the performance of the
Contract. The intent of this Bond shall be to include without
limitation in the terms "labor, materials or equipment" that part of
water, gas, power, light, heat, oil, gasoline, telephone service, or
rental equipment used in the Contract, architectural and engineering
services required for performance of the Work of Contractor and
Contractor's Subcontractors, and all other items for which a
mechanic's lien may be asserted in the jurisdiction where the labor,
materials, or equipment were furnished,
15.2. Contract: The agreement between Owner and Contractor identified on
the signature page, including all Contract Documents and changes
thereto .
15,3, Owner Default: Failure of Owner, which has neither been remedied
nor waived, to pay Contractor as required by the Contract or to
perform and complete or comply with the other terms thereof,
NORTHERN CAPITAL INSURANCE GROUP
P.O. BOX 9396
,
TELEPHONE 952-996-8829
00615-2
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
STATE OF
COUNTY OF
} ss.:
On this day of , in the year _. before me
personally come(s) ,
to me known and known to me to be the person(s) who (is) (are) described in and who executed the foregoing instrument
and acknowledge(s) to me that_he_executed the same.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
STATE OF
COUNTY OF
} sS.:
On this day of , in the year _, before me
personally come(s)
a member of the co-partnership of
to me known and known to me to be the person who is described in and who executed the foregoing instrument, and
acknowledges to me that he executed the same as and for the act and deed of the said co-partnership.
NOTARY PUBLIC
ACKNOWLEDGMENT OF PRINCIPAL (Corporation)
STATE OF <<)ihn~D-
COUNTY OF Hfnn-e,oin
I
On this dS-M day of JJ at
personally come(s) fF"ffjr fY7 f'Oj)>5JfMt
to me known, who, being by me duly sworn, deposes and says that he resides in the City of .oIU LfJJC
that he is the vrcC' p{ptJirlr'j',t" ofthe ft)/lfn t'l / \. .f')
the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation;
that the seal affixed to the said instrument is such corporate seal; that it was so affixed by the order of the Board of Directors
of said corporation, and thathesigned his name thereto by like order.
. . . . lil
NAOMI N. A.<BRETZ I
NOTARY PUBLlC;MtNNESOTA
My Commlssion e,plresJan. 31, 2010
a ACKNOWLEDGMENTOFSURETY
} SS.:
, in the year L...O::::lv, before me
(~/uJQ ~
NOTARY PUBLIC.
STATEOF Minnesota
COUNTY OF Hennepin
} sS.:
On this U--"1'/I- day of
personally come(s) John G. Haqberq
Attorney(s)-in-Fact of Western Surety Company with whom I am personally acquainted,
and who, being by me duly sworn, says that he reside(s) in Eden Prairie, MN
that he is (are) the Attorney(s)-in-Fact of Western Suretv Company , the
company described in and which executed the within instrument; that he know(s) the corporate seal of such Company; and
that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors
of said Company, and that he signed said instrument as Attorney(s)-in-F of the said Company by like order.
r-Y~~'4
2 NICOLE C. VACEK ~
~ NOTARY PUBI.IC - MINNESOTA ~
i MY (',ooMIBSfON EXPIRES 01/31f2011 !
~~-v~~~~~
MAY
in the year ":2t;o b, before me
F.9713 - 8/81
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTORNEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Judith L Jorissen, Garth R Fisher, John G Hagberg, Wayne N Mann, Steven W Scollard,
Individually
of Bloomington, MN, its true and lawful Attomey(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts-
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed,
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation,
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 30th day of November, 2005,
WESTERN SURETY COMPANY
~~'i"V'" P,,,id,,'
State of South Dakota
County of Minnehaha
} ss
On this 30th day of November, 2005, before me personally came Paul T, Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
. acknowledges same to be the act and deed of said corporation.
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
~ D. KRELL ~
I I
~~NOTARY PUBl.lC~~
I SOUTH DAKOTA~I
I I
+..........................""....."'...."'.......... +
~
~p,b1"
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force. In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this ~..,.t+ day ~ A1"" ~Il
WESTERN SURETY COMPANY
Cf ~~I~S=Ory
Form F4280-01-02
Authorizing By-Law
ADOPTED BY THE SHAREHOLDERS OF WESTERN SURETY COMPANY
This Power of Attorney is made and executed pursuant to and by authority of the following By-Law duly adopted by the shareholders
of the Company.
Section 7. All bonds? policies, undertakings, Powers of Attorney, or other obligations of the corporation shall be executed in the
corporate name of the Company by the President, Secretary, and Assistant Secretary, Treasurer, or any Vice President, or by such other
officers as the Board of Directors may authorize. The President, any Vice President, Secretary, any Assistant Secretary, or the Treasurer
may appoint Attorneys in Fact or agents who shall have authority to issue bonds, policies, or undertakings in the name of the Company.
The corporate seal is not necessary for the validity of any bonds, policies, undertakings, Powers of Attorney or other obligations of the
corporation. The signature of any such officer and the corporate seal may be printed by facsimile.
jACOF'D~ CERTIFICATE OF LIABILITY INSURANCE OP ID 2~ DATE (MM/DDIYYYY)
ALLIE12 OS/25/06
PRODUCER THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION
Steven Scollard ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
Northern Capital Insurance Gp HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
P.O. Box 9396 ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
Minneapolis MN 55440-9396
Phone: 952-996-8818 Fax:952-829-0482 INSURERS AFFORDING COVERAGE NAIC#
INSURED I INSURER A: Harleysville Insurance Co. 23582
i INSURER B: The Builders Group
Allied B1ackto~ Company 1 INSURER c:
Pete ca~istran
10503 9th Avenue North INSURER D:
Maple Grove MN 55369
, INSURER E:
COVERAGES
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING
ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR
MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH
POLICIES. AGGREGATE LIMITS SHOWN MAY HAVE BEEN REDUCEO BY PAID CLAIMS,
A X
CG2033
CG2404
(7/04)
(10/93)
I POLICY EFFECTIVE POLICY EXPIRATION LIMITS
i DATE (MMIDDIYY) DATE (MM/DDIYY)
51,000,000
04/30/06 04/30/07 5 300,000
55,000
04/30/06 04/30/07 PERSONAL & ADV INJURY 51,000,000
04/30/06 04/30/07 GENERAL AGGREGATE 52,000,000
PRODUCTS - COMP/OP AGG 52,000,000
L TR INSRD TYPE OF INSURANCE
GENERAL LIABILITY
POLICY NUMBER
COMMERCIAL GENERAL LIABILITY MP A 4 J 47 6 8
CLAIMS MADE X OCCUR
GEN'L AGGREGATE LIMIT APPLIES PER
POLICY n ~~8T X LOC
AUTOMOBILE LIABILITY
A X BA 4J4768
ALL OWNED AUTOS
HIRED AUTOS
BA 4J4768
GARAGE LIABILITY
ANY AUTO
EXCESS/UMBRELLA LIABILITY
A X OCCUR CLAIMS MADE BE 4J4768
DEDUCTIBLE
RETENTION 510,000
WORKERS COMPENSATION AND
B EMPLOYERS' LIABILITY 06-0303
ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
If yes, describe under
SPECIAL PROVISIONS below
OTHER
04/30/06
COMBINED SINGLE LIMIT
04/3 0 /07 (Ea accident)
51,000,000
BODILY INJURY
(Per person)
BODILY INJURY
(Per accident)
04/30/06
04/30/07
PROPERTY DAMAGE
(Per accident)
AUTO ONLY. EA ACCIDENT
OTHER THAN
AUTO ONLY:
EA ACC
AGG
01/01/06
X i TgRY ~I~I~S
01/01/07 E.L.EACHACCIDENT 51,000,000
EL DISEASE. EA EMPLOYEE 5 1 , 000 , 000
EL DISEASE - POLICY LIMIT 5 1, 000 , 000
04/30/06
04/30/07 AGGREGATE
A Equipment Floater MPA 4J4768 04/30/06 04/30/07
A Rental Equipment MPA 4J4768 04/30/06 04/30/07
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES I EXCLUSIONS ADDED BY ENDORSEMENT I SPECIAL PROVISIONS
The Certificate Holder, Owner and Engineer are included as Additional
Insureds on the General Liability, Automobile Liability, and Umbrella
Liability coverage with respects to the 2006 Crack Repair & Seal Coat City
Maintenance Project. *10 days for non payment of premium. SEE NOTEPAD.
Equipment
Blanket
1,190,568
30,000
CERTIFICATE HOLDER
CANCELLATION
CITYNEH
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION
DATE THEREOF, THE ISSUING INSURER WILL ENDEAVOR TO MAIL 30* DAYS WRITTEN
NOTICE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, BUT FAILURE TO DO SO SHALL
IMPOSE NO OBLIGATION OR LIABILITY OF
REPRESENTATIVES,
AUTHORIZED REPRESENTATIVE
City of New Hope
4401 Xylon Avenue North
New Hope MN 55428
Steven Scollard
@ACORD CORPORATION 1988
ACORD 25 (2001/08)
ALLIEl2
OP 10 JE
All additional insured coverage extends to the respective officers,
directors, partners, employees, agents, consultants and subcontractors of
the additional insureds. The coverages afforded are primary and non
contributory with respect to the sole negligence of the insured.
PAGE 2
DATE OS/25/06
JLlj Bonestroo
Ili'L:. Rosene
"'1\11 Anderlik &
1 \J 1 Associates
Engineers & Architects
ADDENDUM NO.1
For
2006 CRACK REPAIR AND SEAL COAT
CITY MAINTENANCE PROJECT
FILE NO. 000034-06180-0
NEW HOPE, MINNESOTA
May 1, 2006
Number of Pages 8 (includes this sheet)
To:
All Planholders of Record
From:
Bonestroo, Rosene, Anderlik and Associates, Inc.
2335 West Highway 36
St. Paul, Minnesota 55113
(651) 636-4600 - General Office
(651) 604-4938- Jason Quisberg, Project Manager
The following changes, additions, and deletions are hereby made a part of the Bidding
Documents. Bidder shall acknowledge receipt of this Addendum on the Bid Form.
Failure to do so may result in rejection of the Bid.
Please acknowledge receipt of this Addendum by signing and faxing this page back to Bonestroo & Associates at
Fax No, (651) 636-1311 as soon as you receive it.
Company Name
Date
000034-06180-0
Al-l
ADDENDUM NO. ]
DOCUMENT 00410 - BID FORM
1. A Revised Bid Form has been provided. Quantities for Route and Seal,
Bituminous Material for Seal Coat, and Seal Coat Aggregate, FA-2, Granite have
been increased to reflect the additional street.
2. Unit Prices for Mobilization, Traffic Control, and Pavement Markings shall include
costs for the work necessary under these items for the entire Project, including
the additional street:
a. There is no striping on 32nd Avenue. No additional striping will be
required with the additional street.
DRAWINGS
1. ADD 32nd Avenue North, between Independence and Boone Avenues, to the
streets to receive both the crack repair and seal coat treatments.
Sheets G1.02 and C6.03 are both affected by this change. Revised plan sheets
will not be distributed.
LIST OF ATTACHMENTS
1. Revised Bid Form.
END OF ADDENDUM
000034-06180-0
Al-2
ADDENDUM NO.1
An. Bonestroo
e Rosene
'till Anderlik &
1 ~, Associates
BIDDER:
Engineers [. Architects
DOCU!vIENT 004] 0
BID FORM - REVISED BY ADDENDUM NO.1
2006 CRJ\CK REPAIR AND SEAL COA T
CITY MAINTENANCE PROJECT
FILE NO, 000034-06180-0
NEW HOPE, MIN'NESOT A
2006
BI
.~ I
P.v
I
THIS BID IS SUBMITTED TO:
City of New Hope, Minnesota
City Hall
4401 Xylon Avenue North
New Hope, Minnesota 55428-4898
1,0 1 The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the torm
included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and
within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents,
2,0 1 Bidder accepts all of the terms and conditions of the Instructions to Bidders, including vvithout limitation those dealing
with the disposition of Bid Security, The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such
longer period of time that Bidder may agree to in vVTiting upon request of Owner.
3,0 I In submitting this Bid, Bidder represents that:
A, Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the
Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged:
Addendum No,
Addendum Date
B. Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and
Project Site conditions that may affect cost, progress, and performance of the work,
C. Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect
cost, progress, and performance of the work.
D, Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at, or
contiguous to, the Project Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at, or contiguous to, the Project Site (except Underground Facilities) which have been
identified in SC-4,02, and (2) reports and drawings of Hazardous Environmental Conditions that have been
identified in SC-4,06,
00003406180BIDFORM.xls
Re\ised by Addendum No.1
00410.1 (R)
REVISED BID FORM
E, Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at, or contiguous to, the Project Site which may affect cost,
progress, or performance of the work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including applying the specific means,
methods, techniques, sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs incident thereto.
F, Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performance of the work at the price(s) Bid and within the
times and in accordance with the other terms and conditions of the Bidding Documents,
G. Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that
relates to the work as indicated in the Bidding Documents.
H, Bidder has correlated the information known to Bidder, infornlation and observations obtained from visits to
the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Bidding Documents,
1. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder
has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to
Bidder.
], The Bidding Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for the perfornlance of the work for which this Bid is submitted,
K, Bidder will submit written evidence of its authority to do business in the state where the Project is located not
later than the date of its execution of the Agreement.
4,0 I Bidder further represents that:
A, The prices in this Bid have been arrived at independently, without consultation, communication, or
agreement as to any matters relating to such prices with any other Bidder or with any competitor for the
purpose ofrestricting competition,
B, The prices in this Bid have not or will not be k.l1owingly disclosed to any other Bidder or competitor prior to
opening of the Bids,
C. No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not
to submit a Bid for the purpose of restricting competition,
4,02 Bidder understands that the law may require the Owner, or Engineer at the Owner's direction, to undertake an investigation
and submit an evaluation concerning Bidder's responsiveness, responsibility, and qualifications before awarding a contract.
Bidder hereby waives any and all claims, of whatever nature, against OWTIer, Engineer and their employees and agents, \vhich
arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can
be shOWTI by clear and convincing evidence to be intentionally false and made with actual malice, Nothing in this paragraph is
intended to restrict Bidder's rights to challenge a contract pursuant to law,
00003406 I SOBIDFORM.xls
Revised by Addendum No.1
00410-2 (R)
RE\~SED BID FORM
5,0] Bidder will complete the work in accordance \vith the Contract Documents for the following price(s):
All specific cash allowances are included in the price(s) set forth below and have been computed in
accordance with paragraph I I ,02 of the General Conditions,
Unit Prices have been computed in accordance with paragraph] ] ,03,B of the General Conditions
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of
comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities
provided, determined as provided in the Contract Documents.
No. Item Units Qty U nit Price Total Price
BASE BID:
MOBILIZA T]ON LS I S S
2 TRAFFIC CONTROL LS I S $
3 ROUTE AND SEAL LB I ] ,400 S $
4 BITUMINOUS MATERIAL FOR SEAL GL 17,600 S $
COAT
5 SEAL COAT AGGREGATE, FA-2, TN 975 S $
GR..6"NITE
6 PAVEMENT lvlARKINGS LS I S $
TOTAL BASE BID $
00003406 I 80BIDFOlt'-'l.xls
Re,ised by Addendum No. I
00410-3 (R)
REVISED BID FOlt'-'1
6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in
accordance with paragraph 14.07.B of the General Conditions on or before the dates or within the number of calendar days
indicated in the Agreement.
6,02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work
within the times specified above, which shall be stated in the Agreement.
7,01 The following documents are attached to and made a condition of this Bid:
A, Required Bid Security in the form of 5 percent.
8,0 I The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to Bidders, the
General Conditions, and the Supplementary Conditions.
SUBMITTED on
2006,
If Bidder Is:
An Individual
Name (typed or printed):
By:
(SEAL)
(Individual's signature)
Doing business as:
Business Street Address (No P,O, Box #'s):
Phone No,:
Fax No,:
000034061800BIDFORM.xls
Rc\ised by Addendum No. I
00410-4 (R)
REVISED BID FOR1"j
A Partnership
A Corporation
000034061800BIDFORM.xls
Revised by Addendum No. 1
Partnership Name:
(SEAL)
By:
(Signature of general partner)
Name (typed or printed):
Business Street Address (No P,O, Box #'s):
Phone No,:
Fax No.:
Corporation Name:
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):
By:
(Signature)
Name (typed or printed):
Title:
Attest
(CORPORA TE SEAL)
(Signature of Corporate Secretary)
Business Street Address (No P,O. Box #'s):
Phone No.:
Fax No,:
00410-5 (R)
REV1SED BID FORM
A Joint Venture
Joint Venture Name:
(SEAL)
By:
(Signature of joint venture partner)
Name (typed or printed):
Title:
Business address:
Phone No,:
Fax No,:
Joint Venturer Name:
(SEAL)
By:
(Signature)
Name (typed or printed):
Title:
Business Street Address (No P.O, Box #'s):
Phone No,:
Fax No.:
Phone and Fax Number, and Address for receipt of official communications:
(Each joint venturer must sign, The manner of signing for each individual, partnership, and corporation that is a party to
the joint venture should be in the manner indicated above),
END OF DOCUIvlENT
000034061800BIDFORJ\cl.xls
Revised by Addendum No. 1
00410-6 (R)
REVISED BID FORM
DOCUMENT 00005
PROFESSIONAL CERTIFICATIONS
I hereby certify that this report, drawing, or
specification was prepared by me or under my direct
supervision and that I am a duly Licensed Professional
Engineer under the laws of the State of Minnesota.
?2 r1~
Jason P. Quisberg, P.E.
Date: Ai;/IO/20Glb Reg. No. 44315
,. ,
END OF DOCUMENT
000034-06180-0
il'J 2006 Bonestroo, Rosene,
Anderlik & Associates Inc.
PROFESSION.-'\L CERTIFICATIONS
DOCUMENT 00010
TABLE OF CONTENTS
2006 CRACK REPAIR AND SEAL COAT
CITY MAINTENANCE PROJECT
FILE NO. 000034-06180-0
NEW HOPE, MINNESOTA
2006
Introductory Information
00005 Professional Certifications
00010 Table of Contents
Bidding Requirements
00100 Advertisement for Bids
00200 Instructions to Bidders
00300 Information Available to Bidders
00410 Bid Form
Contracting Requirements
00520 Agreement Form
00610 Performance Bond
00615 Payment Bond
00700 EJCDC C-700 Standard General Conditions of the Constructon Contract
(Bound in back of Project Manual)
00800 Supplementary Conditions
Specifications
Division 1 - General Requirements
01100 Sununary
01310 Proj ect Management and Coordination
01500 Temporary Facilities and Controls
Division 2 - Site Construction
02765 Bituminous Crack Repair Treatments
02766 Pavement Markings
02785 Bituminous Pavement Treatments
36th Avenue Pavement Markings Drawings (3 Sheets)
END OF DOCUMENT
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TABLE OF CONTENTS
DOCUMENT 00100
ADVERTISEMENT FOR BIDS
Sealed Bids will be received by the City of New Hope, Minnesota, in the City Hall at 4401
Xylon Avenue North, until 11 :00 A.M., C.D.S.T., on Friday, May 12, 2006, at which time they
will be publicly opened and read aloud for the furnishing of all labor, materials, and all else
necessary for the following:
2006 Crack Repair and Seal Coat. City Maintenance Proiect
Consisting of the following approximate quantities:
900
16,000
10,600
36,500
TN
GL
LB
LF
F A-2 Aggregate
Bituminous Material for Seal Coat
Route and Seal
Striping, Paint (incl. pavement messages, crosswalks, etc.)
Bidders desiring a copy of the Bidding Documents may obtain them from the Issuing Office of
Bonestroo, Rosene, Anderlik & Associates, Inc., Consulting Engineers, 2335 West Highway 36,
St. Paul, MN 55113, (651) 636-4600 upon a payment of a non-refundable fee of $40.00.
Bidding Documents may be seen at the City Clerk's office in New Hope and the Issuing Office.
Bidding Documents can also be purchased with a credit card over the internet at
www.bonestroo.com.
Direct inquiries to Engineer's Project Engineer, Jason Quisberg at (651) 604-4938.
Bid Security in the amount of 5 percent of the amount of the Bid must accompany each Bid in
accordance with the Instructions to Bidders.
The Owner reserves the right to retain the deposits of the 3 lowest Bidders for a period not to
exceed 60 days after the date and the time set for the Opening of Bids.
The Owner reserves the right to reject any and all Bids, to waive irregularities and information
therein and further reserves the right to award the Contract to the best interests of the Owner.
Daniel Donahue, City Manager
City of New Hope, Minnesota
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ADVERTISEMENT FOR BIDS
DOCUMENT 00200
INSTRUCTIONS TO BIDDERS
ARTICLE 1 - DEFINED TERMS
1.01 Terms used in these Instructions to Bidders have the meanings indicated in the General
Conditions and Supplementary Conditions. Additional terms used in these Instructions to
Bidders have the meanings indicated below:
A. Issuing Office: The office from which the Bidding Documents are to be issued and
where the Bidding procedures are to be administered.
ARTICLE 2 - COPIES OF BIDDING DOCUMENTS
2.01 Complete sets of the Bidding Documents in the number and for the non-refundable sum
stated in the Advertisement for Bids may be obtained from the Issuing Office.
2.02 Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use
of incomplete sets of Bidding Documents.
2.03 Owner and Engineer in making copies of Bidding Documents available on the above terms,
do so only for the purpose of obtaining Bids for the work and do not confer a license or
grant for any other use.
ARTICLE 3 - QUALIFICATIONS OF BIDDERS
3.01 To demonstrate Bidder's qualifications to perform the work within 5 days of Owner's
request, Bidder shall submit written evidence, such as [mancial data, previous experience,
present commitments, and such other data, as may be called for below:
A. Evidence of Bidder's qualification to do business in the state where the Project is
located or covenant to obtain such qualification prior to award of Contract.
B. Evidence of genuineness of Bid and lack of collusion in conjunction therewith.
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INSTRUCTIONS TO BIDDERS
ARTICLE 4 - EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA,
AND PROJECT SITE
4.01 Subsurface and Physical Conditions
A. The Supplementary Conditions Identify:
1. Those reports of explorations and tests of subsurface conditions at or
contiguous to the Project Site that Engineer has used in preparing the
Bidding Documents.
2. Those drawings of physical conditions in or relating to existing surface and
subsurface structures at or contiguous to the Project Site (except
Underground Facilities) that Engineer has used in preparing the Bidding
Documents.
B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made
available by Owner to any Bidder on request. Those reports and drawings are not
part of the Contract Documents, but the "technical data" contained therein upon
which Bidder is entitled to rely as provided in Paragraph 4.02 of the General
Conditions has been identified and established in Paragraph 4.02 of the
Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any "technical data" or any other data,
interpretations, opinions, or information contained in such reports, or shown or
indicated in such drawings.
4.02 Underground Facilities
A. Information and data shown or indicated in the Bidding Docwnents with respect to
existing Underground Facilities at or contiguous to the Project Site is based upon
information and data furnished to Owner and Engineer by owners of such
Underground Facilities, including Owner or others.
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INSTRUCTIONS TO BIDDERS
4.03 Hazardous Environmental Condition
A. The Supplementary Conditions identify those reports and drawings relating to a
Hazardous Environmental Condition identified at the Project Site, if any, that
Engineer has used in preparing the Bidding Documents.
B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made
available by Owner to any Bidder on request. Those reports and drawings are not
part of the Contract Documents, but the "technical data" contained therein upon
which Bidder is entitled to rely as provided in Paragraph 4.06 of the General
Conditions has been identified and established in Paragraph 4.06 of the
Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any "technical data" or any other data,
interpretations, opinions, or information contained in such reports or shown or
indicated in such drawings.
4.04 Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, other physical conditions, Underground
Facilities, and possible changes in the Bidding Documents due to differing or unanticipated
conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General Conditions. Provisions
concerning responsibilities for the adequacy of data furnished to prospective Bidders with
respect to a Hazardous Environmental Condition at the Project Site, if any, and possible
changes in the Contract Documents due to any Hazardous Environmental Condition
uncovered or revealed at the Project Site which was not shown or indicated in the Drawings
or Specifications, or identified in the Contract Documents to be within the scope of the
work appear in Paragraph 4.06 of the General Conditions.
4.05 On request, Owner will provide Bidder access to the Project Site to conduct such
examinations, investigations, explorations, tests, and studies as Bidder deems necessary for
submission of a Bid. Bidder shall fill all holes, and clean up and restore the Project Site to
its former condition upon completion of such explorations, investigations, tests, and studies.
Bidder shall comply with all applicable Laws and Regulations relative to excavation and
utility locates.
4.06 Reference is made to Article 7 of the Supplementary Conditions for the identification of the
general nature of other work that is to be performed at the Project Site by Owner or others
(such as utilities and other prime contractors) that relates to the work contemplated by these
Bidding Documents. On request, Owner will provide to each Bidder for examination
access to or copies of contract documents (other than portions thereof related to price) for
such other work.
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fNSTRUCTIONS TO BIDDERS
4.07 It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, the other related data
identified in the Bidding Documents, and any Addenda;
B. visit the Project Site and become familiar with and satisfy Bidder as to the general,
local, and Project Site conditions that may affect cost, progress, and performance of
the work;
C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the work;
D. carefully study all: (1) reports of explorations and tests of subsurface conditions at
or contiguous to the Project Site and all drawings of physical conditions in or
relating to existing surface or subsurface structures at or contiguous to the Project
Site (except Underground Facilities) which have been identified in the
Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions,
and (2) reports and drawings of Hazardous Environmental Conditions at the Project
Site which have been identified in the Supplementary Conditions as provided in
Paragraph 4.06 of the General Conditions;
E. obtain and carefully study (or accept consequences of not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data
concerning conditions (surface, subsurface, and Underground Facilities) at or
contiguous to the Project Site which may affect cost, progress, or performance of the
work or which relate to any aspect of the means, methods, techniques, sequences,
and procedures of construction to be employed by Bidder, induding applying any
specific means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents, safety precautions, and programs
incident thereto;
F. agree at the time of submitting its Bid that no further examinations, investigations,
explorations, tests, studies, or data are necessary for the determination of its Bid for
performance of the work at the Price(s) Bid and within the times and in accordance
with the other terms and conditions of the Bidding Documents;
G. become aware of the general nature of the work to be performed by Owner and
others at the Project Site that relates to the work as indicated in the Bidding
Documents;
H. correlate the information known to Bidder, information and observations obtained
from visits to the Project Site, reports and drawings identified in the Bidding
Documents, all additional examinations, investigations, explorations, tests, studies,
and data with the Bidding Documents;
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INSTRUCTIONS TO BIDDERS
1. promptly give Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Bidder discovers in the Bidding Documents and confIrm that the
written resolution thereof by Engineer is acceptable to Bidder; and
1. determine that the Bidding Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for the performance of the work.
4.08 The submission of a Bid will constitute an incontrovertible representation by Bidder that
Bidder has complied with every requirement of this Article 4, that without exception the
Bid is premised upon performing and furnishing the work required by the Bidding
Documents, and applying any specifIc means, methods, techniques, sequences, and
procedures of construction that may be shown or indicated or expressly required by the
Bidding Documents, that Bidder has given Engineer written notice of all conflicts, errors,
ambiguities, and discrepancies that Bidder has discovered in the Bidding DocUments and
the written resolutions thereof by Engineer are acceptable to Bidder, and that the Bidding
Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performing and furnishing the work.
ARTICLE 5 - PRE-BID CONFERENCE
5.01 There will be no pre-Bid conference.
ARTICLE 6 - PROJECT SITE AND OTHER AREAS
6.01 The Project Site is identified in the Bidding Documents. Easements for permanent
structures or permanent changes in existing facilities are to be obtained and paid for by
Owner, unless otherwise provided in the Bidding Documents. All additional lands and
access thereto required for temporary construction facilities, construction equipment, or
storage of materials and equipment to be incorporated in the work are to be obtained and
paid for by Contractor.
ARTICLE 7 - INTERPRETATIONS AND ADDENDA
7.01 All questions about the meaning or intent of the Bidding Documents are to be submitted to
Engineer in writing. Interpretations or clarifications considered necessary by Engineer in
response to such questions will be issued by Addenda mailed or delivered to all parties
recorded by Engineer as having received the Bidding Documents. Questions received less
than 10 days prior to the date for Opening of Bids may not be answered. Only questions
answered by Addenda vvill be binding. Oral and other interpretations or clarifications will
be without legal effect.
7.02 Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by Owner or Engineer.
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INSTRUCTIONS TO BIDDERS
ARTICLE 8 - BID SECURITY
8.01 A Bid must be accompanied by Bid Security made payable to Owner in an amount of 5
percent of Bidder's maximum Bid Price and in the form of a certified check or bank money
order, or a Bid Bond issued by a surety meeting the requirements of Paragraphs 5.01 and
5.02 of the General Conditions.
8.02 The Bid Security of the successful Bidder will be retained until such Bidder has executed
the Contract Documents, furnished the required Contract Security, and met the other
conditions of the Notice of Award, whereupon the Bid Security will be returned. If the
successful Bidder fails to execute and deliver the Contract Documents and furnish the
required Contract Security within 15 days after the Notice of Award, Owner may annul the
Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of
other Bidders whom Owner believes to have a reasonable chance of receiving the award
may be retained by Owner until the earlier of 7 days after the Effective Date of the
Agreement or 61 days after the Bid Opening, whereupon Bid Security furnished by such
Bidders will be returned.
8.03 Bid Security of other Bidders whom Owner believes do not have a reasonable chance of
receiving the award will be returned within 7 days after the Bid Opening.
ARTICLE 9 - CONTRACT TIMES
9.01 The number of days within which or the dates by which Milestones are to be achieved and
the work is to be Substantially Completed and ready for Final Payment are set forth in the
Agreement.
ARTICLE 10 - LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 - SUBSTITUTE AL"\JD "OR-EQUAL" ITEMS
11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or
described in the Bidding Documents without consideration of possible substitute or "or-
equal" items. Whenever it is specified or described in the Bidding Documents that a
substitute or "or-equal" item of material or equipment may be furnished or used by
Contractor if acceptable to Engineer, application for such acceptance will not be considered
by Engineer until after the Effective Date of the Agreement.
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INSTRUCTIONS TO BIDDERS
ARTICLE 12 - SUBCONTRACTORS, SUPPLIERS, AND OTHERS
12.01 If the Supplementary Conditions require the identity of certain subcontractors, suppliers,
individuals, or entities to be submitted to Owner in advance of a specified date prior to the
Effective Date of the Agreement, the apparent successful Bidder and any other Bidder so
requested shall within 5 days after Bid Opening, submit to Owner a list of all such
subcontractors, suppliers, individuals, or entities proposed for those portions of the work for
which such identification is required. Such list shall be accompanied by an experience
statement with pertinent information regarding similar projects and other evidence of
qualification for each such subcontractor, supplier, individual, or entity if requested by
Owner. If Owner or Engineer after due investigation has reasonable objection to any
proposed subcontractor, supplier, individual, or entity, Owner may before the Notice of
Award is given request apparent successful Bidder to submit a substitute in which case
apparent successful Bidder shall submit an acceptable substitute, Bidder's Bid Price will be
increased (or decreased) by the difference in cost occasioned by such substitution and
Owner may consider such price adjustment in evaluating Bids and making the Contract
award.
12.02 If apparent successful Bidder declines to make any such substitution, Owner may award the
Contract to the next lowest Bidder that proposes to use acceptable subcontractors, suppliers,
individuals, or entities. Declining to make requested substitutions will not constitute
grounds for forfeiture of the Bid Security of any Bidder. Any subcontractor, supplier,
individual, or entity so listed and against which Owner or Engineer makes no written
objection prior to the giving of the Notice of Award, will be deemed acceptable to Owner
and Engineer subject to revocation of such acceptance after the Effective Date of the
Agreement as provided in Paragraph 6.06 of the General Conditions.
12.03 Contractor shall not be required to employ any subcontractor, supplier, individual, or entity
against whom Contractor has reasonable objection.
ARTICLE 13 - PREPARATION OF BID
13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained
from Engineer.
13.02 All blanks on the Bid Form shall be completed by printing in ink or by typewriter and the
Bid signed in ink. Erasures or alterations shall be initialed in ink by the person signing the
Bid Form. A Bid Unit Price shall be indicated for each Bid Item listed therein.
13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vice-
president or other corporate officer accompanied by evidence of authority to sign. The
corporate seal shall be affixed and attested by the secretary or an assistant secretary. The
corporate address and state of incorporation shall be shown below the signature.
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INSTRUCTIONS TO BIDDERS
13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner
(whose title must appear under the signature), accompanied by evidence of authority to sign.
The official address of the partnership shall be shown below the signature.
13.05 A Bid by a limited liability company shall be executed in the name of the fIrm by a member
and accompanied by evidence of authority to sign. The state of formation of the fIrm and
the official address of the fIrm shall be shown below the signature.
13.06 A Bid by an individual shall show the Bidder's name and official address.
13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on
the Bid Form. The official address of the joint venture shall be shown below the signature.
13.08 All names shall be typed or printed in ink below the signatures.
13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which
shall be fIlled in on the Bid Form.
13.10 The address and telephone munber for communications regarding the Bid shall be shown.
13.11 The Bid shall contain evidence of Bidder's authority and qualifIcation to do business in the
state where the Project is located or covenant to obtain such qualifIcation prior to award of
the Contract. Bidder's State Contractor License Number, if any, shall also be shown on the
Bid Form.
13.12 Bidders shall indicate the Total Add or Deduct to the Total Base Bid for each Alternate
provided on the Bid Form.
13.13 Bidders may list proposed Substitute Items on the spaces provided on the Bid Form.
Bidders shall clearly indicate the item name, SpecifIcation Section Number, and the Total
Deduct to the Total Base Bid for each Substitute Item proposed.
13.14 Bidders shall circle the name of the Base Bid Manufacturer they will provide if awarded the
Contract. Bidders shall circle only 1 name for each item. If the Bidder fails to circle an
item, the fIrst item listed shall be provided.
13.15 Bidders shall identify the name of the company or subcontractor that will perform the listed
portion of the work if the Bidder is awarded the Contract.
000034-06180-0
@ 2006 Bonestroo, Rosene,
Anderlik & Associates, Inc.
00200-8
INSTRUCTIONS TO BIDDERS
ARTICLE 14 - BASIS OF BID; COMPARISON OF BIDS
14.01 Bid Unit Price
A. Bidders shall submit a Bid on a Bid Unit Price Basis for each Bid Item of work
listed in the Bid Form.
B. The total of all estimated prices will be the sum of the products of the estimated
quantity of each Bid Item and the corresponding Bid Unit Price. The fInal quantities
and Contract Price will be determined in accordance with Paragraph 11.03 of the
General Conditions.
C. Discrepancies between the multiplication of units of work and Bid Unit Prices will
be resolved in favor of the Bid Unit Prices. Discrepancies between the indicated
sum of any column of figures and the correct sum thereof will be resolved in favor
of the correct sum. Discrepancies between words and figures will be resolved in
favor of the words.
D. Bids will be compared on the basis of the "Total Base Bid" and this amount will be
the basis for determining the lowest Bidder.
14.02 The Bid Price shall include such amounts as the Bidder deems proper for overhead and
profit on account of cash allowances, if any, named in the Contract Documents as provided
in Paragraph 11.02 of the General Conditions.
ARTICLE 15 - SUBMITTAL OF BID
15.01 With each copy of the Bidding Documents, a Bidder is furnished 1 separate unbound copy
of the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form
is to be completed and submitted with the Bid Security.
15.02 A Bid shall be submitted no later than the date and time prescribed and at the place
indicated in the Advertisement for Bids and shall be enclosed in an opaque sealed envelope
plainly marked with the Project Title (and, if applicable, the designated portion of the
Project for which the Bid is submitted), the name and address of Bidder, and shall be
accompanied by the Bid Security and other required documents. If a Bid is sent by mail or
other delivery system, the sealed envelope containing the Bid shall be enclosed in a separate
envelope plainly marked on the outside with the notation "BID ENCLOSED." A mailed
Bid shall be addressed to Owner's office.
000034-06 180-0
@ 2006 Bonestroo, Rosene,
Anderlik & Associates, Inc.
00200-9
INSTRUCTIONS TO BIDDERS
ARTICLE 16 - MODIFICATION Al'JD WITHDRAWAL OF BID
16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the
manner that a Bid must be executed and delivered to the place where Bids are to be
submitted prior to the date and time for the Opening of Bids.
16.02 Bids may be withdrawn after Bid Opening only in accordance with the law.
ARTICLE 17 - OPENING OF BIDS
17.01 Bids will be opened at the time and place indicated in the Advertisement for Bids and,
unless obviously non-responsive, read aloud publicly. A Bid Tabulation of the amounts of
the Base Bids and major Alternates, if any, will be made available to Bidders after the
Opening of Bids.
ARTICLE 18 - BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 All Bids will remain subject to acceptance for the period oftime stated in the Bid Form, but
Owner may, in its sole discretion, release any Bid and return the Bid Security prior to the
end of this period.
ARTICLE 19-EVALUATION OF BIDS AND AWARD OF CONTRACT
19.01 If the Contract is awarded, award will be made on the basis of the lowest responsive,
responsible, qualified Bidder determined by the Total Base Bid.
19.02 Owner reserves the right to reject any or all Bids, including without limitation
nonconforming, nonresponsive, unbalanced, or conditional Bids. Owner further reserves
the right to reject the Bid of any Bidder whom it finds after reasonable inquiry and
evaluation to not be responsible. Owner may also reject the Bid of any Bidder if Owner
believes that it would not be in the best interest of the Project to make an award to that
Bidder. Owner also reserves the right to waive all informalities not involving price, time, or
changes in the work and to negotiate Contract terms with the successful Bidder.
19.03 More than 1 Bid for the same work from an individual or entity under the same or different
names will not be considered. Reasonable grounds for believing that any Bidder has an
interest in more than 1 Bid for the work may be cause for disqualification of that Bidder and
the rejection of all Bids in which that Bidder has an interest.
19.04 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed
requirements and such Alternates, Bid Unit Prices, and other data as may be requested in the
Bid Form or prior to the Notice of Award.
000034-06 180-0
@ 2006 Bonestroo, Rosene,
Anderlik & Associates, Inc.
00200-10
INSTRUCTIONS TO BIDDERS
19.05 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider
the qualifications and experience of subcontractors, suppliers, other individuals, or entities
proposed for those portions of the work for which the identity of subcontractors, suppliers,
other individuals, or entities must be submitted as provided in the Supplementary
Conditions.
19.06 Owner may conduct such investigations as Owner deems necessary to establish the
responsibility, qualifications, and financial ability of Bidders, proposed subcontractors,
suppliers, individuals, or entities to perform the work in accordance with the Contract
Documents. As a condition of its Bid, Bidder is required to waive any and all claims of
whatever nature against Owner, Engineer, and their employees and agents which arise out
of or relate to such investigations and statements made as a result thereof, except for
statements that can be shown by clear and convincing evidence to be intentionally false and
made with actual malice. This waiver is not intended to restrict Bidder's rights to challenge
a Contract award pursuant to law.
19.07 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is
in the best interests ofthe Project.
ARTICLE 20 - CONTRACT SECURITY AND INSURANCE
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions,
sets forth Owner's requirements as to Performance and Payment Bonds and Insurance.
When the successful Bidder delivers the executed Agreement to Owner, it shall be
accompanied by such bonds.
ARTICLE 21 - SIGNING OF AGREEMENT
21.01 When Owner gives a Notice of Award to the successful Bidder, it shall be accompanied by
the required number of unsigned counterparts of the Agreement with the other Contract
Documents which are identified in the Agreement as attached thereto. Within 15 days
thereafter, successful Bidder shall sign and deliver the required number of counterparts of
the Agreement and attached documents to Owner. Within 10 days thereafter, Owner shall
deliver 2 fully signed counterparts to successful Bidder with a complete set of the Drawings
with appropriate identification.
END OF DOCUMENT
000034-06180-0
@ 2006 Bonestroo, Rosene,
Anderlik & Associates, Inc.
00200-11
INSTRUCTIONS TO BIDDERS
DOCUMENT 00300
INFORMATION AVAILABLE TO BIDDERS
Portions of reports and drawings used by the Engineer in the preparation of the Bidding Documents
are attached to this document. The Technical Data is identified in the Supplementary Conditions.
Bidders are responsible for their own interpretation, verification, and use of the Technical Data
contained in these reports and drawings consistent with the General Conditions and Supplementary
Conditions. Reports, Drawings, and other historical information regarding the Project may be
available for Bidder's review at the Engineer's office. Schedule a viewing time with the Project
Manager.
END OF DOCUMENT
000034-06180-0
@ 2006 Bonestroo, Rosene,
Anderlik & Associates, Inc.
INFOR.t\1ATION AVAIlABLE TO BIDDERS
,n I Bonestroo
~ Rosene
n Anderlil< &
1~1 Associates
engineers & Architects
BIDDER:
All iFCi EJIOCk-iQ'J f'{)iYYC{)vl,,/
I I .
DOCUMENT 00410
BID FORM - REVISED BY ADDENDUM NO.1
2006 CRACK REPAIR AND SEAL COAT
CITY MAINTENANCE PROJECT
FILE NO, 000034-06] 80-0
NEW HOPE, MINNESOT A
2006
BID COpy
THIS BID IS SUBMITTED TO:
City of New Hope, Minnesota
City Hall
4401 Xylon Avenue North
New Hope, Minnesota 55428-4898
10 I The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement with Owner in the form
included in the Bidding Documents to perform all work as specified or indicated in the Bidding Documents for the prices and
within the times indicated in this Bid and in accordance with the other terms and conditions of the Bidding Documents,
2.0 I Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without limitation those dealing
with the disposition of Bid Security, The Bid will remain subject to acceptance for 60 days after the Bid Opening, or for such
longer period of time that Bidder may agree to in writing upon request of Owner,
3.01 In submitting this Bid, Bidder represents that:
A Bidder has examined and carefully studied the Bidding Documents, the other related data identified in the
Bidding Documents, and the following Addenda, receipt of all which is hereby acknowledged:
Addendum No.
Addendum Date
N 0,,/
I ) 2QOlt:;
B Bidder has visited the Project Site and become familiar with and is satisfied as to the general, local, and
Project Site conditions that may affect cost, progress, and performance of the work,
C Bidder is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect
cost, progress, and performance of the work,
D Bidder has carefully studied all: (I) reports of explorations and tests of subsurface conditions at, or
contiguous to, the Project Site and all drawings of physical conditions in or relating to existing surface or
subsur face structures at, or contiguous to, the Project Site (except Underground Facilities) which have been
identified in SC-402, and (2) reports and drawings of Hazardous Environmental Conditions that have been
identified in SC-4.06
OOOOJ.06180IlIDFORM xis
Rc\i,ed by Addendum No I
00410-1 (R)
REVISED BID FOR?\I
E, Bidder has obtained and carefully studied (or accepts the consequences for not doing so) all additional or
supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions
(surface, subsurface, and Underground Facilities) at, or contiguous to, the Project Site which may affect cost,
progress, or performance of the work or which relate to any aspect of the means, methods, techniques,
sequences, and procedures of construction to be employed by Bidder, including applying the specific means,
methods, techniques, sequences, and procedures of construction expressly required by the Bidding
Documents to be employed by Bidder, and safety precautions and programs incident thereto
F. Bidder does not consider that any further examinations, investigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performance of the work at the price(s) Bid and within the
times and in accordance with the other terms and conditions of the Bidding Documents,
G Bidder is aware of the general nature of work to be performed by Owner and others at the Project Site that
relates to the work as indicated in the Bidding Documents,
H Bidder has correlated the information known to Bidder, information and observations obtained from visits to
the Project Site, reports and drawings identified in the Bidding Documents, and all additional examinations,
investigations, explorations, tests, studies, and data with the Bidding Documents
Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that Bidder
has discovered in the Bidding Documents, and the written resolution thereof by Engineer is acceptable to
Bidder,
I.
The Bidding Documents are general1y sufficient to indicate and convey understanding of al1terms and
conditions for the performance of the work for which this Bid is submitted.
K
Bidder will submit written evidence of its authority to do business in the state where the Project is located not
later than the date of its execution of the AgTeement.
4 01 Bidder fur1herrepresents that:
A. The prices in this Bid have been arrived at independently, without consultation, communication, or
agreement as to any matters relating to such prices with any other Bidder or with any competitor for the
purpose of restricting competition.
B The prices in this Bid have not or will not be knowingly disclosed to any other Bidder or competitor prior to
opening of the Bids
C No attempt has been made or will be made by the Bidder to induce any other person or firm to submit or not
to submit a Bid for the purpose of restricting competition,
402 Bidder understands that the law may require the Owner, or Engineer at the O\\llerS direction, to undertake an investigation
and submit an evaluation concerning Bidders responsiveness, responsibility, and qualifications before awarding a contract.
Bidder hereby waives any and al1 claims, of whatever nature, against Owner, Engineer and their employees and agents, which
arise out of or relate to such investigation and evaluation, and statements made as a result thereof, except for statements that can
be shown by clear and convincing evidence to be intentionally false and made with actual malice. Nothing in this paragTaph is
intended to restrict Bidder's rights to challenge a contract pursuant to law,
00003400 I BOIllDFORM xls
IlJ:v;,cd by Add,ndum No I
00410-2 (R)
REVISED !lID FORM
501 Bidder will complete the worlc in accordance with the Contract Documents for the following price(s):
All specific cash allowances are included in the price(s) set forth below and have been computed in
accordance with paragraph II 02 of the General Conditions.
Unit Prices have been computed in accordance with paragraph 1103 B of the General Conditions
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of
comparison of Bids, and final payment for all Unit Price Bid items will be based on actual quantities
provided, determined as provided in the Contract Documents,
No. Item Units Qty Unit Price Total Price
BASE BID:
MOBILlZA TlON LS 1 S S , 00
TRAFFIC CONTROL L.S I S ;;2,')(:)0.. 00 $ '\ (,'iD
2 d,
3 ROUTE AND SEAL LB 11,400 S I, Lf 9 $ '0. (1'6&.
4 BITUMINOUS MA TERlAL FOR SEAL GL 17,600 $ ),79 $ g I S-Oi../: rJ 0
," 1- . t
COAT '3 q
~~'(')d/'
5 SEAL COA T AGGREGATE, FA-2, TN 975 S $ , ~ . ,:>..
GRANITE i if ILl 1(7, en)
/ Lli I.ui C [:'"
6 PA YEMENT MARKINGS LS 1 $ I '. (/ $
f .~ L( OC,-
TOT AL BASE BID S (j ,':':>'
00003406 180BlDFORM ,Is
Rc\"iscd by Aducndum No I
00410.3 (R)
REVISED BID FOnM
6.01 Bidder agrees that the work will be Substantially Completed and completed and ready for Final Payment in
accordance with paragraph 14,07.8 of the General Conditions on or before the dates or within the number of calendar days
indicated in the Agreement
6.02 Bidder accepts the provisions of the Agreement as to liquidated damages in the event of failure to complete the work
within the times specified above, which shall be stated in the Agreement
7 0 I The following documents are attached to and made a condition of this Bid:
A Required Bid Security in the form of 5 percent
801 The terms used in this Bid with initial capital letters have the meanings stated in the InstlUctions to Bidders, the
General Conditions, and the Supplementary Conditions
SUBMITTED on
((Jo.y Id~
,2006.
If Bidder Is:
An Individual
Name (typed or printed):
By:
(SEAL.)
(Individual's signature)
Doing business as:
Business Street Address (No PO Box #'S):
Phone No:
Fax No :
00003406 I SOOBloroRM xis
Revised by Addendum No I
004 J 0-4 (R)
REVISED BID FORM
A Partners hiD
A Corporation
U000340GI80011IDFORM ,Is
Revised by Addendum No. I
Partnership Name:
(SEAL)
By:
(Signature of general partner)
Name (typed or printed);
Business Street Address (No PO, Box tl's):
Phone No:
Fax No :
Corporation Name: Ai/Iff) 8/0('1(+00 (('jrriJIf!(SEAL)
!j 'I
State of Incorporation: 10/ ))'7f)F"-;;{)fCL
Type (General Business, Professional, Service, Limited Liability): St?rV/c:e
By:
~G.~
(Signature)
Name (typed or printed): 'Dun i e !
fr, Sm )'11)
Title:
VI CF r:Y~) d.rnf
f\ .~ .~ \'. ,
1)...,..- Sf )\ /1 ~, ./
Attest i Q.f~;! t. L_~/l/\-VV v '--
A :, 1\ n ,(.Sigryature of Corporate Secretary)
t~f Jv ,['~P/5iyMr
Business Street Address (No POBox #'s): (
IOc:::y') ?-> rgOff-. A\/ en u f: /V
n1OvoJF C:srOVf, A1/-J 9~~l10
I
(CORPORA TE SEAL)
Phone No; C 7(1/":)/ L/,JS - Os 75>
Fax No: (7lc):>)) 4-..2-S - IO.Lf-ia
00410-5 (R)
REVISED BID FORM
A Joint Venture
Joint Venture Name:
(SEAL)
By:
(Signature of joint venture partner)
Name (typed or printed):
Title:
Business address:
Phone No:
Fax No:
Joint Venturer Name:
(SEAL)
By:
(Signature)
Name (typed or printed):
Title:
Business Street Address (No POBox fl's):
Phone No.:
Fax No.:
Phone and Fax Number, and Address for receipt of official communications:
(Each joint venturer must sign. The manner of signing for each individual, partnership, and corporation that is a party to
the joint venture should be in the manner indicated above)
END OF DOCUMENT
00003~OG 180oolOI'OR11-1 xl.
Rc,..iscd by AtJ~::ndum No I
00410-6 (R)
R.EVJ.S~D IlID FORM
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we
as Principal, hereinafter called the Principal, and
_lQl_,2,OUt!:LJ2h..:!._11 iRR~ lI-VsJl~___S.im.lxJ_aJ,L~L_~Q _.571 O'L________________________
a corporation duly organized under the laws of the State of_~Q.1Jj:J:LJ:;l-';lJwta
as Surety, hereinafter
, C )f t" d 1\.1 p>\ - I ~rv"~
called the Surety, are held and firmly bound unto _______-t__L___---L'LL"-Y-u_~-----------------,-----
____ as Obligee, hereinafter called the Obligee, in the sum of
__,fi.\Je~Q b),rl CUyLa'-hI-r__Dollars($~"/o ,cF biCL___),
for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind ourselves, our heirs, executors,
administrators, successors and assigns, jointly and severally, firmly by these presents,
WHEREAS, the Principal has submitted a bid for ______
_ ____2:~Lra_c~eej2)ix----Clnd~c::e~ tDL1-t_r_C}}~_--yMOJ~lJL)JY.e.
NOW, THEREFORE, if the Obligee shall accept the bid of the Principal and the Principal shall enter into a Contract with the Obligee in
accordance with the terms of such bid, and give such bond or bonds as may be specified in the bidding or Contract Documents with
good and sufficient surety for the faithful performance of such Contract and for the prompt payment of labor and material furnished in
the prosecution thereof, or in the event of the failure of the Principal to enter such Contract and give such bond or bonds, if the
Principal shall pay to the Obligee the difference not to exceed the penalty hereof between the amount specified in said bid and such
larger amount for which the Obligee may in good faith contract with another party to perform the Work covered by said bid, then this
obligation shall be null and void, otherwise to remain in full force and effect.
2-*'
Signed and sealed this
day of-JvlO\'{-------------- ,-~,
'\--.- ~ ,~~=.)
8lJ,i ~ Q.__E_Li:!i:_k:tgp__ C Ornp-9.11Y_ _ _,________ __ _____ _____
[). ~ (PrinCiPel) I (Seal)
!~/JJ A,~
---l----------~~t--~~---- ------
Peter M. Capistr~~t, Vice President
P \ 'i
' . \ ~
\=v:=t~LCi_J!,JJ1_'~L1l~Uy~_
(Wltn s )
...~.
(Seal)
Hagberg,
Printed in cooperation with the American Institute of Architects (AlA) by the CNA Insurance Companies.
fhe language in this document conforms exactly to the language used in AlA Document A31 0 -- Bid Bond - February 1970 Edition.
ACKNOWLEDGMENT OF PRINCIPAL (Individual)
STATE OF
COUNTY OF
} S5.:
On this day of , in the year _' before me
personally come{s)
to me known and known to me to be the person{s) who (is) (are) described in and who executed the foregoing instrument
and acknowledge(s) to me that_he_executed the same.
NOTARY PUB
ACKNOWLEDGMENT OF PRINCIPAL (Partnership)
STATE OF
COUNTY 0
} sS.:
On this day of , in the year _, before me
personally camels}
a member of the co'partnership of
to me known and known to me to be the person who is described in and who executed the foregoing instrument, and
acknowledges to me that he executed the same as and for the act and deed of the said co-partnership,
NOTARY PUBLIC
ACKNOWLEDGMENT OF PR INCIPAL (Corporation)
STATE OF Minnpsnt~
COUNTY OF Hennepin
} ss,:
On this )2'l-h day of Jv\a"l
personally come{s) Peter M. Capistrant
to me known, who, being by me duly sworn, deposes and says that he resides in the City of Biq Lake
that he is the Vice PrE'S; c1Pnctf the 'A 11 i p(J B] acktop Company
the corporation described in and which executed the foregoing instrument; that he knows the seal of the said corporation;
that the seal affixed to the said instrumen t is such corporate seal; that it was so affixed by the order of the Board of Directors
of said corporation, and that he signed his name thereto by like order.
II
NAOMI N. A. BAETZ I
NOTARY PUBLlC.MINNESOTA
.' My CommISSion E.pilU Jan. 31, 2010
u~~~'~~.ACKNOWLEDGMENTOFSURETY
, in the year 2006, before me
l)~1..I/ eLf] b;a-
NOTARY PUBLIC
STATEOF Minnesota
COUNTY OF Hpnnepin
On this \ 2i-h day of )vI 0'1 in the year ~ before me
personally come{s) John G. Haqberq
Attorney(s).in-Fact of Wpstprn Surety Company with whom I am personally acquainted,
and who, being by me duly sworn, says that he reside{s) in Eden Prairie, MN
that he is (are) the Attorney(s)-in-Fact of Western Surety Company , the
company described in and which executed the within instrument; that he know{s) the corporate seal of such Company; and
that the seal affixed to the within instrument is such corporate seal and that it was affixed by order of the Board of Directors
of said Company, and that he signed said instrument as Attorney(s)-in-Fa 0 the s~id ny V like order,
ss. :
F.9713 - 8/81
NICOLE C. VACEK
NOTARY PUBLIC - MINNESOTA
MY COMMISSION EXPIRES WJ1f2011
Western Surety Company
POWER OF ATTORNEY APPOINTING INDIVIDUAL ATTOR1'lEY-IN-FACT
Know All Men By These Presents, That WESTERN SURETY COMPANY, a South Dakota corporation, is a duly organized and existing corporation
having its principal office in the City of Sioux Falls, and State of South Dakota, and that it does by virtue of the signature and seal herein affixed hereby
make, constitute and appoint
Judith L Jorissen, Garth R Fisher, John G Hagberg, Wayne N .Mann, Steven \V Scollard,
Individually
of Bloomington, MN, its true and lawful Attorney(s)-in-Fact with full power and authority hereby conferred to sign, seal and execute for and on its behalf
bonds, undertakings and other obligatory instruments of similar nature
- In Unlimited Amounts -
and to bind it thereby as fully and to the same extent as if such instruments were signed by a duly authorized officer of the corporation and all the acts of said
Attorney, pursuant to the authority hereby given, are hereby ratified and confirmed.
This Power of Attorney is made and executed pursuant to and by authority of the By-Law printed on the reverse hereof, duly adopted, as indicated, by
the shareholders of the corporation,
In Witness Whereof, WESTERN SURETY COMPANY has caused these presents to be signed by its Senior Vice President and its corporate seal to
be hereto affixed on this 30th day of November, 2005,
WESTERN SURETY COMPANY
r0~oimVi", P,,,id,,"
State 0 f South Dakota
County of Minnehaha
} ss
On this 30th day of November, 2005, before me personally came Paul T. Bruflat, to me known, who, being by me duly sworn, did depose and say: that
he resides in the City of Sioux Falls, State of South Dakota; that he is the Senior Vice President of WESTERN SURETY COMPANY described in and
which executed the above instrument; that he knows the seal of said corporation; that the seal affixed to the said instrument is such corporate seal; that it was
so affixed pursuant to authority given by the Board of Directors of said corporation and that he signed his name thereto pursuant to like authority, and
acknowledges same to be the act and deed of said corporation,
November 30, 2006
+~~~~~~~~~~~~~~~~~~~~~~~~+
: D. KRELL :
r r
:~NOTARY PUBLIC~:
r~SOUTH DAKOTA~r
r r
+~~~~~~~~~~~~~~~~~~~~~~~+
~
~ry P,blk
My commission expires
CERTIFICATE
I, L. Nelson, Assistant Secretary of WESTERN SURETY COMPANY do hereby certify that the Power of Attorney hereinabove set forth is still in
force, and further certify that the By-Law of the corporation printed on the reverse hereof is still in force, In testimony whereof I have hereunto subscribed
my name and affixed the seal of the said corporation this l2~ day of ..1010'1 , z.()Qb,
WESTERN SURETY COMPANY
Cf ~11~s",re"ry
Form F4280-0 1-02
DOCUMENT 00520
AGREEMENT FORM
THIS AGREEMENT is by and between the City of New Hope, Minnesota, (hereinafter called Owner) and
Allied Blacktop Company, (hereinafter called Contractor).
Owner and Contractor, in consideration of the mutual covenants hereinafter set forth, agree as follows:
ARTICLE 1 - WORK
1.01 Contractor shall complete all work as specified or indicated in the Contract Documents. The work is
generally described as 2006 Crack Repair and Seal Coat, City Maintenance Project.
ARTICLE 2 - ENGINEER
2.01 The Project has been designed by Bonestroo, Rosene, Anderlik, & Associates, Inc., 2335 West
Highway 36, St. Paul, MN 55113, who is hereinafter called Engineer and who is to act as Owner's
representative, assume all duties and responsibilities, and will have the rights and authority assigned to
Engineer in the Contract Documents in connection with the completion of the work in accordance with the
Contract Documents.
ARTICLE 3 - CONTRACT TIMES
3.01 Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for Final
Payment as stated in the Contract Documents are of the essence of the Contract.
3.02 Datesfor Substantial Completion and Final Payment
A. The work will be Substantially Completed on or before July 28, 2006, and completed and ready for
Final Payment in accordance with Paragraph 14.07 of the General Conditions on or before Aug.ust 11. 2006.
3.03 Liquidated Damages
A. Contractor and Owner recognize that time is of the essence of this Agreement and that Owner will
suffer financial loss if the work is not completed within the times specified in Paragraph 3.02 above, plus any
extensions thereof allowed in accordance with Article 12 of the General Conditions. The parties also recognize
the delays, expense, and difficulties involved in proving in a legal or arbitration proceeding the actual loss
suffered by Owner if the work is not completed on time. Accordingly, instead of requiring any such proof,
Owner and Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall pay
Owner $100.00 for each day that expires after the time specified in Paragraph 3.02 for Substantial Completion
until the work is Substantially Complete. After Substantial Completion, if Contractor shall neglect, refuse, or
fail to complete the remaining work within the Contract Time or any proper extension thereof granted by
Owner, Contractor shall pay Owner $100.00 for each day that expires after the time specified in Paragraph 3.02
for completion and readiness for Final Payment until the work is completed and ready for Final Payment.
000034-06180-0
~ 2006 Bonestroo, Rosene,
Anderlik & Associates, Inc,
00520-1
AGREEMENT FORM
ARTICLE 4 - CONTRACT PRICE
4.01 Owner shall pay Contractor for completion of the work in accordance with the Contract Documents in
current funds as follows: For all work at the prices stated in Contractor's Bid attached hereto as an exhibit for
an Original Contract Amount of One Hundred Four Thousand Five Dollars and Zero Cents ($104,005.00).
ARTICLE 5 - PAYMENT PROCEDURES
5.01 Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General Conditions.
5.02 Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of Contractor's
Applications for Payment as recommended by Engineer, monthly during performance of the work as provided
in Paragraphs 5.02.A1 and 5.02.A2 below. All such payments will be measured by the schedule of values
established in Paragraph 2.07.A of the General Conditions (and in the case of Bid Unit Price work based on the
number of units completed) or, in the event there is no schedule of values, as provided in the General
Requirements:
1. Prior to Substantial Completion, progress payments will be made in an amount equal to the
percentage indicated below but, in each case, less the aggregate of payments previously made and less
such amounts as Engineer may determine or Owner may withhold, in accordance with Paragraph 14.02
of the General Conditions:
a. 95 percent of work completed (with the balance being retainage).
b. 95 percent of cost of materials and equipment not incorporated in the work (with the
balance being retainage).
2. Upon Substantial Completion, Owner shall pay an amount sufficient to increase total payments
to Contractor to 100 percent of the work completed, less such amounts as Engineer shall determine in
accordance with Paragraph 14.02.B5 of the General Conditions and less 100 percent of Engineer's
estimate of the value of work to be completed or corrected as shown on the tentative list of items to be
completed or corrected attached to the certificate of Substantial Completion.
5.03 Final Payment
A. Upon Final Completion and acceptance of the work in accordance with Paragraph 14.07 of the General
Conditions, Owner shall pay the remainder of the Contract Price as recommended by Engineer as provided in
said Paragraph 14.07.
ARTICLE 6 - INTEREST
6.01 All moneys not paid when due as provided in Article 14 ofthe General Conditions shall bear interest at
the rate the maximum rate allowed by law at the place of the Project.
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AGREEMENT FORM
ARTICLE 7 - CONTRACTOR'S REPRESENTATIONS
7.01 In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related data
identified in the Bidding Documents.
B. Contractor has visited the Project Site and become familiar with and is satisfied as to the general, local,
and Project Site conditions that may affect cost, progress, and performance of the work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that
may affect cost, progress, and performance of the work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Project Site and all drawings of physical conditions in or relating to existing surface or
subsurface structures at or contiguous to the Project Site (except Underground Facilities) which have been
identified in the Supplementary Conditions as provided in Paragraph 4.02 of the General Conditions and (2)
reports and drawings of a Hazardous Environmental Condition, if any, at the Project Site which has been
identified in the Supplementary Conditions as provided in Paragraph 4.06 ofthe General Conditions.
E. Contractor has obtained and carefully studied (or assumes responsibility for having done so) all
additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning
conditions (surface, subsurface, and Underground Facilities) at or contiguous to the Project Site which may
affect cost, progress, or performance of the work or which relate to any aspect of the means, methods,
techniques, sequences, and procedures of construction to be employed by Contractor, including applying the
specific means, methods, techniques, sequences, and procedures of construction, if any, expressly required by
the Contract Documents to be employed by Contractor, and safety precautions and programs incident thereto.
F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies,
or data are necessary for the performance of the work at the Contract Price, within the Contract Times, and in
accordance with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the Project
Site that relates to the work as indicated in the Contract Documents.
H. Contractor has correlated the information known to Contractor, information and observations obtained
from visits to the Project Site, reports and drawings identified in the Contract Documents, and all additional
examinations, investigations, explorations, tests, studies, and data with the Contract Documents.
1. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that
Contractor has discovered in the Contract Documents, and the written resolution thereof by Engineer is
acceptable to Contractor.
1. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and
conditions for performance and furnishing of the work.
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AGREEMENT FORM
ARTICLE 8 - CONTRACT DOCUMENTS
8.01 Contents
A. The Contract Documents consist of the following:
1. This Agreement.
2. Performance Bond, Payment Bond, and other Bonds.
3. General Conditions.
4. Supplementary Conditions.
5. Specifications.
6. Drawings Bearing the Following General Title: 2006 Crack Repair and Seal Coat, City
Maintenance Project.
7. Addenda (Number One, inclusive).
8. Exhibits to this Agreement (enumerated as follows):
a. Notice to Proceed.
b. Contractor's Bid Form.
c. Documentation submitted by Contractor prior to Notice of Award.
d. Any modification, including Change Orders, duly delivered after execution of Agreement.
9. The following which may be delivered or issued on or after the Effective Date of the Agreement
and are not attached hereto:
a. Written Amendments;
b. Work Change Directives;
c. Change Order(s).
B. The documents listed in Paragraph 8.01.A are attached to this Agreement (except as expressly noted
otherwise above).
C. There are no Contract Documents other than those listed above in this Article 8.
D. The Contract Documents may only be amended, modified, or supplemented as provided in Paragraph
3.05 of the General Conditions.
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AGREEMENT FORM
ARTICLE 9 - MISCELLANEOUS
9.01 Terms used in this Agreement will have the meanings indicated in the General Conditions.
9.02 No assignment by a party hereto of any rights under or interests in the Contract will be binding on
another party hereto without the written consent of the party sought to be bound; and, specifically but without
limitation, moneys that may become due and moneys that are due may not be assigned without such consent
(except to the extent that the effect of this restriction may be limited by law), and unless specifically stated to
the contrary in any written consent to an assignment, no assignment will release or discharge the assignor from
any duty or responsibility under the Contract Documents.
9.03 Owner and Contractor each binds itself, its partners, successors, assigns, and legal representatives to the
other party hereto, its partners, successors, assigns, and legal representatives in respect to all covenants,
agreements, and obligations contained in the Contract Documents.
9.04 Any provision or part of the Contract Documents held to be void or unenforceable under any Law or
Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon
Owner and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken
provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing
the intention of the stricken provision.
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AGREEMENT FORM
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement in duplicate. One counterpart
each has been delivered to Owner and Contractor. All portions of the Contract Documents have been signed or
identified by Owner and Contractor or on their behalf.
This Agreement will be effective on
s!d-~
I
, 2006 (which is the Effective Date of the Agreement).
Owner:
Contractor:
Allied B~ c;lJanx C
By: llhh~
-- I
~ [SEAL]
Attest/ ..' 7j}; I!.il.-d A' J1. .~/L<2_
F - I
Address for giving notices:
CITY OF NFW HOPF
4401 XYLON AVE NO.
NEW HOPE, MN 55428
[CORPORATE SEAL]
- I'
Attest \..J ~" ~~ (1'J--r--
Address for giving noti:s:0-
License No.
(Where applicable)
Agent for service of process:
(If Contractor is a corporation or a partnership,
attach evidence of authority to sign.)
Designated Representative:
Name: !\tlZfJ/JI//CV i11//(?/W1/
Title: ell tj /J7 /J /J 4~K:/?
Designated Representative:
Name: -Pe\eV m rO_-;O)'siYOJJ]-
Title: \J '" ~ Pr e-:::>I cten r
.r.:
! I
AddresS:-' .
LL1ful1 '/<Yi fvi f,:~ t\ V !L=- 1\1 n
. t. .J.. \ iL..', .~ t \ v .~ i \,J,
Address:
at r-t II f , ! A f""'- l"""" m r m ~t= r- r" /","
'1\11-> IJVH' I I........r 1\1i 1\1 ,..., '''\ II /)<
~ '1-1i lVI_. il.~ 11 tv V -f L !J
Phone: /} IE q ~"/)3 / ,5){J {}
Facsimile: /) 1F3-- 53/<:)1:" Lt3
Phone: r!(o~-) Y-,)..-s- OS'75
c
Facsimile: r 7!;;-?::>1 4-.2-S:, -- i 04-(0
\...
END OF DOCUMENT
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AGREEMENT FORM
DOCUMENT 00800
SUPPLEMENTARY CONDITIONS
These Supplementary Conditions amend or supplement the Standard General Conditions of the
Construction Contract (No. C-700, 2002 Edition) and other provisions of the Contract
Documents as, indicated below. All provisions which are not so amended or supplemented
remain in full force and effect.
The terms used in these Supplementary Conditions have the meanings stated in the General
Conditions. Additional terms used in these Supplementary Conditions have the meanings stated
below, which are applicable to both the singular and plural thereof.
ARTICLE 1 - DEFINITIONS AND TER1\1INOLOGY
SC-1.02
Add the following new paragraph immediately after Paragraph 1.02.F:
G. The Specifications are written in imperative mood and streamlined form. This
imperative language is directed to the Contractor, unless specifically noted otherwise. The words
"shall be" are included by inference where a colon (:) is used within sentences or phrases.
ARTICLE 2 - PRELIMINARY MATTERS
SC 2.02.A Amend the first sentence of Paragraph 2.02.A by striking out the word "ten" and
inserting the word "five."
ARTICLE 4 AVAILABILITY OF LANDS: SUBSURFACE AND PHYSICAL
CO:t\TDITIONS, REFERENCE POINTS
SC-4.02
Delete 4.02.A and 4.02.B in their entirety and insert the following:
A. No reports of explorations or tests of subsurface conditions at or contiguous to the
Project Site are known to the Owner or Engineer.
ARTICLE 5 - BONDS AND INSURAi"JCE
SC-5.01
Add the following new paragraph immediately after Paragraph 5.01.C:
D. Separate Performance and Payment Bonds should be submitted utilizing EJCDC
Form C-610 and C-615 (2002 Edition) or a similar bond form if approved by Owner.
SC-5.03.B
Delete Paragraph 5.03.B in its entirety and insert the following:
B. Failure of Owner to demand such certificates or other evidence of full compliance
with these insurance requirements or failure of Owner to identify a deficiency from evidence
provided shall not be construed as a waiver of Contractor's obligation to maintain such
Insurance.
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SUPPLEMENTARY CONDITIONS
C. By requmng such insurance and insurance limits herein, Owner does not
represent that coverage and limits will necessarily be adequate to protect Contractor and such
coverage and limits shall not be deemed as a limitation on Contractor's liability under the
indemnities granted to Owner in the Contract Documents.
SC-5.04
Add the following new paragraph immediately after Paragraph 5.04.B:
C. The limits ofliability for the insurance required by Paragraph 5.04 ofthe General
Conditions shall provide coverage for not less than the following amounts or greater where
required by Laws and Regulations:
1. Worker's Compensation Insurance
Coverage A - Statutory
Coverage B - 5500,000
5500,000
5500,000
Each Accident
Disease - Policy Limit
Disease - Each Employee
2. Commercial General Liability
51,000,000 General Aggregate
51,000,000 Products/Completed Operations Aggregate
51,000,000 Each Occurrence
51,000,000 Personal Injury
3. Comprehensive Automobile Liability
51,000,000 Combined Single Limit - Bodily injury and property
damage. All owned, non-owned, and hired
vehicles.
4. Umbrella Excess Liability
51,000,000
51,000,000
Each Occurrence
Aggregate
Umbrella excess liability shall be a combined single limit whi-ch shall provide
excess liability insurance over Commercial General Liability, Comprehensive
Automobile Liability, and Employers Liability.
5. The following persons or entities shall be included as additional insured on the
Commercial Liability, Comprehensive Automobile Liability, and Umbrella
Excess Liability. This coverage shall be primary and noncontributory:
Owner.
Engineer.
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SUPPLEMENTARY CONDIT10NS
SC-5.06.A
Amend the first sentence of Paragraph 5.06.A to read:
A. Contractor shall purchase and maintain during the entire construction period a
Builders Risk Property Insurance Policy in the amount of the full replacement cost of the entire
work at the Project Site. The insurance policy shall comply with the provisions of Paragraph
5.06.Al through 5.06.A7. A minimum deductible of $1,000 each claim shall apply to this
insurance and the risk of loss of the applicable deductible shall be born by Contractor,
subcontractor, or others suffering such loss. In addition, the provisions of Paragraphs 5.07, 5.09,
and 5.10 shall apply with the exception that Contractor shall act as fiduciary for the insureds as
their interest may appear and adjust the loss with the insurance company.
SC-5.06.A
Add the following new item immediately after Item 5.06.A7:
8. The Builder's Risk Insurance required herein shall apply to projects involving
constmction of stmctures and buildings only. The requirements of this Section shall be waived
on projects involving only underground utilities, grading, street improvements, and similar
constmction work but any damage or loss to property shall be at the sole responsibility of
Contractor until final acceptance of the work.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
SC-6.06
Add the following new paragraph immediately after Paragraph 6.06.G:
H. Pursuant to Minnesota Statute, Contractor shall be fully responsible to pay
subcontractors, suppliers, and other entities within 10 days of the Contractor's receipt of
payment for undisputed services provided by the subcontractor, supplier, or other entity.
Contractor shall pay interest of 1-1/2 percent per month or any part of a month to the
subcontractor, supplier, or other entity on any amount not paid on time to the subcontractor,
supplier, or other entity. The minimum monthly interest penalty payment for an unpaid balance
of $100 or more is $10. For an unpaid balance of less than $100, the Contractor shall pay the
actual penalty due to the subcontractor, supplier, or other entity. A subcontractor, supplier, or
other entity who prevails in a civil action to collect interest penalties from a Contractor must be
awarded its costs and disbursements, including attorney's fees included in bringing the action.
SC-6.08.A Amend the first sentence of Paragraph 6.08.A by replacing the words "the
Supplementary Conditions" with the words "Division 1 - General Requirements."
SC-6.19.A
Delete the words "representation of' in the second sentence.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
SC-10.05.B Amend the first sentence of Paragraph 10.05.B by replacing the words "30 days"
with the words "10 days." Amend the third sentence of Paragraph 10.05.B by replacing the
words "60 days" with the words "30 days."
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SUPPLEMENTARY CONDITIONS
ARTICLE 13 TESTS AND INSPECTIONS; CORRECTION, REMOVAL OR
ACCEPTANCE OF DEFECTIVE WORK
SC-13.07.A Amend the first sentence of Paragraph 13.07.A by striking out the words "one
year" and inserting the word "two years."
ARTICLE 14-PAYMENTS TO CONTRACTOR AND COMPLETION
SC-14.02.B5 Add the following new item immediately after Item 14.02.B5d:
e. Contractor's failure to make acceptable submittals in accordance with the
accepted schedules.
ARTICLE 16 - DISPUTE RESOLUTION
SC-16.0l
Delete Paragraph 16.01.C in its entirety and insert the following in its place:
C. If the claim is not resolved by mediation, Engineer's action under Paragraph
10.05.C or a denial pursuant to Paragraphs 10.05.C3 or 10.05.D shall become final and binding
30 days after termination of the mediation, unless within that time period Owner or Contractor:
1. elects in writing to demand arbitration of the claim, pursuant to
Paragraph SC-16.02, or
2. agrees with the other party to submit the claim to another dispute
resolution process.
SC-16.02
Add the following new paragraph immediately after Paragraph 16.01:
SC-16.02
Arbitration
A. All claims or counterclaims, disputes, or other matters in question between Owner
and Contractor arising out of or relating to the Contract Documents or the breach thereof ( except
for claims which have been waived by the making or acceptance of Final Payment as provided
by Paragraph 14.09), including but not limited to those not resolved under the provisions of
Paragraphs SC-16.01.A and 16.01.B, but not including any claim in excess of S100,000, will be
decided by arbitration in accordance with the Construction Industry Dispute Resolutions
Procedures of the American Arbitration Association then in effect, subject to the conditions and
limitations of this Paragraph SC-16.02. This agreement to arbitrate and any other agreement or
consent to arbitrate entered into will be specifically enforceable under the prevailing law of any
court having jurisdiction.
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SUPPLEMENTARY CONDITIONS
B. The demand for arbitration will be filed in writing with the other party to the
Contract and with the selected arbitrator or arbitration provider and a copy will be sent to
Engineer for information. The demand for arbitration will be made within the 30 day period
specified in Paragraph SC-16.01.C, and in all other cases within a reasonable time after the claim
or counterclaim, dispute, or other matter in question has arisen, and in no event shall any such
demand be made after the date when institution of legal or equitable proceedings based on such
claim or other dispute or matter in question would be barred by the applicable statue of
limitations.
C. No arbitration arising out of or relating to the Contract Documents shall include
by consolidation, joinder, or in any other manner any other individual or entity (including
Engineer and Engineer's consultants and the officers, directors, partners, agents, employees, or
consultants of any of them) who is not a party to this Contract, unless:
1. in inclusions of such other individual or entity is necessary if complete
relief is to be afforded among those who are already parties to the
arbitration; and
2. such other individual or entity is substantially involved in a question of
law or fact which is common to those who are already parties to the
arbitration and which will arise in such proceedings.
D. The award rendered by the arbitrator(s) shall be consistent with the agreement of
the parties in writing and include: (i) a concise breakdovVll of the award; (ii) a written
explanation of the award specifically citing the Contract Documents provisions deemed
applicable and relied on in making the award.
E. The award will be final. Judgment may be entered upon it in any court having
jurisdiction thereof and it will not be subject to modification or appeal, subject to provisions of
the Controlling Law relating to vacating or modifying an arbitral award.
F. The fees and expenses of the arbitrators and any arbitration service shall be shared
equally by Owner and Contractor.
END OF DOCUMENT
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SUPPLEMENTARY CONDITIONS
SECTION 01100
SUM:MARY
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Basic description of the Project and work restrictions.
1.02 SUMMARY OF WORK
A. Project Name: 2006 Crack Repair and Seal Coat, City Maintenance Project for the
City of New Hope, Minnesota.
B. Description of Work: Crack Repair and Seal Coat.
1.03 WORK START DATES
A. The crack repair work will not begin until June 12,2006.
B. The seal coat work will not begin until the later of:
1. June 12, 2006.
2. Completion of the crack repair.
1.04 COMPLETION DATES
A. Substantial Completion: Set forth in the Agreement.
B. Final Completion: Set forth in the Agreement.
1.05 LIQUIDATED DAl\1AGES
A. Provisions for liquidated damages, if any, are set forth in the Agreement.
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SUMMARY
1.06 WORK. RESTRICTIONS
A. Use of Project Site:
1. Location of construction facilities, staging areas, product stockpiles,
material storage, and temporary construction are shown on the Drawings
and shall be removed upon completion of work.
2. Keep existing driveways and entrances clear and available to the public
and to the Owner.
3. If additional space is needed, obtain and pay for such space offsite.
B. The Owner has the right to limit/eliminate any of the described work to fit budget
constraints without adjustment to Bid Unit Prices.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 MEASUREMENT Ai'ID PAYMENT
A. All work and costs of this Section shall be incidental to the Project and included
in the TOTAL BASE BID.
END OF SECTION
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SUMMARY
SECTION 01310
PROJECT MANAGEMENT AND COORDINATION
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. General requirements for overall Project coordination.
1.02 UTILITIES
A. Notify Gopher State One Call before starting construction in a given area, requesting
utility locates in the field.
1.03 PERMITS
A. Apply for, obtain, and comply with permits, licenses, and approvals which may be
required for the Project.
1.04 SURVEYING AND CONSTRUCTION OBSERVATION
A. Provide Engineer and Resident Project Representative a minimum of 48 hours notice
in advance of the need for establishing lines, measurements, checks, and observation
of work.
B. Engineer \\till furnish a Resident Project Representative consistent \\tith Paragraph
9.10 of the Supplementary Conditions.
1.05 PROJECT MEETINGS
A. Administrative Requirements:
1. Proj ect Superintendent or persons designated by the Contractor to attend and
participate in the Project meetings shall have all required authority to commit
the Contractor to solutions agreed upon in the Project meetings.
2. Engineer will set the time and sites, and prepare the agenda for the meetings.
3. The attendance and cooperation of subcontractors and suppliers may be
required.
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PROJECT MAt'lAGEMENT At'lD
COORDINATION
B. Preconstruction Conference:
1. Provisions for the Preconstruction Conference are set forth in the General
Conditions.
2. Requirements for preconstruction submittals are set forth in the General
Conditions.
C. Progress Meeting Procedures:
1. Engineer may schedule construction progress meetings throughout the
duration of the Proj ect to assess the progress of the work, identify and discuss
Project related issues, and discuss near-term construction activities.
1.06 CONSTRUCTION SCHEDULING
A. Sequencing and Scheduling:
1. Seal coat will not begin until the later of:
a. June 12, 2006.
b. After crack repair is completed.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 MEASUREMENT Ai\JD PAYMENT
A. All work and costs of this Section shall be incidental to the Project and included in
the TOTAL BASE BID.
END OF SECTION
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PROJECT MAi"lAGEMENT Ai"iD
COORDINAT10N
SECTION 01500'
TEMPORARY FACILITIES AND CONTROLS
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Temporary signage and temporary facilities required during construction.
1.02 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for Construction,"
2000 Edition and revisions thereto shall apply, except as noted herein.
B. The Minnesota Manual on Uniform Traffic Control Devices (MUTCD) and the
March, 1990 Edition of Appendix B for traffic control for short-term street or
highway work zones - latest edition.
1.03 SUBMITTALS
A. Submit Traffic Management and Control Plan. Plan shall include the following
information:
1. Traffic control measures.
2. Permits or applications required by local authorities.
3. Temporary facilities required.
PART 2 - PRODUCTS
Not Used
PART 3 - EXECUTION
3.01 MOBILIZATION
A. Move personnel, equipment, materials, and all other items required to complete the
work to the Project Site.
B. Establish Contractor offices and building, or other facilities necessary for work on the
Proj ect.
C. Temporarily hold or relocate utilities and any miscellaneous structures, such as signs,
power poles, guy wires, and mailboxes disturbed.
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TEMPORARY FACILITIES
AND CONTROLS
3.02 TRAFFIC CONTROL
A. Provide and maintain all traffic control devices needed to guide, warn, control, and
protect traffic throughout the Project Site. All traffic control devices and other
protective measures shall conform to Minnesota MUTCD.
B. All necessary signing (i.e.: no parking, loose rock, etc.) shall be coordinated by the
Contractor with the City of New Hope. No parking signs shall be placed along all
streets a minimum of24 hours prior to the work. At least 3 signs per block per side
shall be installed to inform residents. Loose rock signs shall be posted immediately
after aggregate placement and remain in the boulevard areas for 7 days or until loose
aggregate is swept.
C. Remove traffic control devices at the conclusion ofthe work.
D. Flaggers are required to protect vehicles during construction. Conform to the
requirements ofthe Manual on Uniform Traffic Control Devices and the following:
while on duty flaggers shall wear hard hats and reflectorized florescent orange rests;
and flaggers shall be fully clothed when on duty with shirt or blouse, slacks or
trouser, and sturdy shoes.
E. Field Quality Control:
1. Daily inspect and insure that all traffic control devices required by the
construction are in accordance with the Manual on Uniform Traffic Control
Devices. Any discrepancy between the actual devices in use and the required
devices shall be immediately rectified.
2. Furnish names, addresses, and phone numbers of at least 3 individuals
responsible for the placement and maintenance oftraffic control devices. At
least 1 of these individuals shall be "on call" 24 hours per day, 7 days per
week, during the time any traffic control devices furnished and installed by
the Contractor are in place.
3. Provide access for emergency vehicles and busses to all residences at all
times.
4. Respond to any request from the Engineer to improve or correct the usage of
traffic control devices on or related to this Project within 1 hour ofthe time of
notification.
5. Keep all traffic control signs and devices in a legible condition. This shall
include but not be limited to removing grime and dust deposited on any
device by traffic or natural causes, or when requested by Engineer.
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TEMPORARY FACILITIES
AJ\'D CONTROLS
3.03 MEASUREMENT AND PAYMENT
A. A Bid Item has been provided for Mobilization. Measurement is Lump Sum. This
will be considered payment in full for all work and costs of this Bid Item.
B. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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TEMPORAR Y FACILITIES
AND CONTROLS
SECTION 02765
BITUMINOUS CRACK REPAIR TREATMENTS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. The rehabilitation of longitudinal and traverse cracks III existing bituminous
pavements.
1.02 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 3723 - Joint and Crack Sealer.
1.03 DESCRIPTION
A. The work shall consist of repairing cracks in streets shown on the Drawings.
Cracks to be repaired shall be as directed by the Engineer, including longitudinal
transverse cracks. Cracks repaired in previous years will not be cleaned and
refilled, unless directed by the Engineer.
1.04 SEQUENCE AND SCHEDULING
A. Specific locations of the crack repair work shall be identified by the Engineer
prior to the Contractor performing the specified work.
B. Bituminous crack repair treatments shall be performed prior to placement of the
seal coat.
PART 2 - PRODUCTS
2.01 MATERIALS
A. The pavement joint sealant shall conform to MnDOT Spec. 3723.
PART 3 - EXECUTION
3.01 GENERAL
A. The application shall be for longitudinal and traverse cracks. The completed joint
repair treatment shall have a homogenous appearance and a uniform texture.
B. Perform operations only during daylight hours and in a continuous manner.
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C. Establish traffic control which is compatible to the operations being performed.
D. Problems with the routing method that is typically used have arisen in past
proj ects. The previous seal coat applications have created a buildup of aggregate
on the surface of some streets. When the routing is performed, this built up layer
separates in large pieces from the street. If this occurs when completing the
routing procedure:
1. Notify the Engineer immediately.
2. Proceed with the "Blow and Go" method for crack repair.
3. Perform a test strip on each subsequent street to see if suited for the
routing method and revert back to routing if feasible.
4. No adjustments to Bid Unit Prices or quantities or additional
compensation will be made because of the requirement of an alternative
method to be used for the crack repair work. A Bid Item for Mobilization
has been provided to cover costs associated with the moving of equipment
and personnel.
3.02 SURFACE PREPARATION
A. Joints and cracks shall be routed or milled to an area of 3/4 inch wide x 1 inch
deep, cleaned of any foreign material, dried out, and filled with mixture for joints
and cracks.
B. Clean thoroughly with a 90 psi (minimum) air blast to remove any dirt or loose
material from the crack void.
C. Prior to placement of crack filler, a heat lance shall be used which is capable of
drying out the crack.
D. Blow or brush the excess material off the adjacent pavement surface. All streets
shall be swept after crack sealing to pick up crack millings.
3.03 APPLICATION
A. Application equipment shall consist of an oil-jacked soluble boiler equipped with
an agitator. Separate thermometers for oil and seal shall be provided for on the
melter pot. Pour pots are not acceptable.
B. The application rates shall be in accordance to the manufacturer's requirements
for the specific equipment being used.
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C. Sealant overfill shall extend 1/2 inch on each side of the crack. The rates shall be
reviewed by the Engineer prior to application.
D. Upon completion of placement of joint repair material, carefully placed toilet
paper shall be placed over the material to prevent tracking.
E. The Contractor shall protect the completed work for the full amount of time
required for curing of the materials placed
3.04 FIELD QUALITY CONTROL
A. Final results of cleaning joint subj ect to Engineer's approval.
B. Application time of sealing is subject to the Engineer's approval.
C. Do not place sealants if the Engineer determines the weather and roadbed
conditions to be unfavorable.
3.05 MEASUREMENT AND PAYMENT
A. The Contractor shall supply weight tickets and documentation of the pounds of
sealant applied. Payment for Bid Item "Route and Seal" shall be by the pound
furnished and placed. This shall be compensation in full for all costs of removal,
disposal of existing materials, and furnishing and placing the filler materials as
specified, regardless of which method is used.
B. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
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BITUMINOUS CRACK REPAIR TREATMENTS
SECTION 02766
PAVEMENT MARKINGS
PART 1 - GENERAL
1.01 SECTION INCLUDES
A. Furnishing and applying pavement markings for control and guidance of traffic.
1.02 RELATED SECTIONS
A. Section 02785 - Bituminous Pavement Treatments.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. The Application Specification for Conventional Pavement Marking
Materials, 3 Minute Dry Alkyd and High Solids Latex.
2. High Solids vVater Based Traffic Paint.
1.04 SUBMITTALS
A. 1 copy of the chosen paint lot or batch formulation.
B. Pavement Marking Contractor Qualifications/Certifications.
C. MnDOT Certification approvals.
1.05 SEQUENCING AND SCHEDULING
A. As per MnDOT Specifications.
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PART 2 - PRODUCTS
2.01 MA TERlALS
A. Paint:
1. High Solids Water Based or 3 Minute Dry Alkyd:
a. Free of toxic heavy metals, including lead, mercury, and cadmium.
b. Track Free Time - 3 minutes or less.
c. Yellow Prime Pigment - Color Index Pigment Yellow #65 or #75.
d. White Color - Flat white.
e. Yellow Color - Color #33538 of Federal Standard 595.
2.02 EQUlPMENT
A. General:
1. Vehicles used shall be deployed and equipped with traffic control devices
set forth in the "Minnesota Manual on Uniform Traffic Control Devices,
Field Manual."
2. Shadow vehicle with truck-mounted attenuator shall be used on streets
with posted speed equal to or greater than 40 m.p.h. or ADT greater than
1500 vehicles per day.
3. Equipment used for spray applications shall be capable of applying glass
beads by a pressurized system at a rate of at least 25 lbs/gal.
4. Capable of accumulating footage applied per gun.
5. Stainless steel components in the delivery system required for water-based
materials.
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P A YEMENT MARKINGS
P ART 3 - EXECUTION
3.01 GENERAL
A. The pavement marking crew shall include at least 1 technical expert
knowledgeable in each of the following areas:
1. Equipment operation.
2. Application techniques.
3. Traffic control.
4. Safety regulations.
B. The filling of tanks, pouring of materials, or cleaning of equipment shall not be
performed on unprotected pavement surfaces, unless adequate provisions are
made to prevent spillage of material.
3.02 SCHEDULE
A. Pavement Markings:
1. Place following completion of sweeping operations and acceptance of seal
coat process.
a. No sooner than 24 hours after sweeping excess aggregate.
b. Within 5 working days of completion of sweeping.
3.03 PREPARATION
A. Locations:
1. In general accordance with the Drawings included in the Specifications.
2. Pavement marking devises to be installed in accordance with Section
02785 - Bituminous Pavement Treatments.
3. All existing markings are to be repainted upon completion of the seal coat
work.
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PAVEMENT MARKINGS
B. Street Surface:
1. Engineer may direct cleaning of surface as necessary immediately prior to
marking application:
a. Brushing with non-metallic rotary broom.
b. Other cleaning method approved by Engineer.
c. Air blast following cleaning.
2. Surface must be dry.
3. Minimum surface temperature is 500 F.
3.04 APPLICATION
A. General:
1. Tolerance:
a. Width: A tolerance of 1/4 inch under or 1/4 inch over the specified
width will be allowed for striping provided the variation is gradual
and does not detract from the general appearance.
b. Length: Broken line segments may vary up to 2-3/4 inches from
the specified lengths provided the over and under variations are
reasonably compensatory.
c. Alignment: Deviations from control guide shall not exceed 2 in.
d. Establishment of application tolerances shall not relieve the
Contractor of his responsibility to comply as closely as practicable
with the planned dimensions.
2. Material shall not be applied over longitudinal joints.
3. 4 inch broken line consists of 10 feet of paint and 40 feet space (1 cycle).
4. If same equipment used for different color material with change in color,
an amount of material equal to fifteen (15) 10 foot long stripes shall be
wasted prior to beginning application with the new color.
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PAVEMENT MARKlNGS
5. Conditions:
a. Markings shall not be applied when wind or other conditions cause
a film of dust to be deposited on the pavement surface after
cleaning and before the marking material can be applied.
b. Except when used as a temporary marking, pavement markings
shall only be applied in seasonable weather when air temperature is
500 F. or higher.
B. Paint:
1. Minimum thickness 15 mil.
2. In accordance with the appropriate MnDOT Spec.
3. Painted lines on the bituminous base course shall be applied once.
4. Painted lines on the bituminous wearing course shall be applied twice.
3.05 CORRECTION OF DEFECTS
A. All pavement markings not conforming to the requirements of the Specifications
shall be removed and replaced, or otherwise repaired to the satisfaction of the
Engineer.
B. "Nhere yield computations show a deficiency in material usage of not more than
20 percent, Owner may require satisfactory repair or may accept the work at a
reduced Bid Unit Price that is in direct proportion to the percent of the deficiency.
C. "Nhere yield computations show a deficiency in material usage in excess of 20
percent, Owner will require removal and replacement to the satisfaction of the
Engineer, unless other means are approved by the Engineer.
D. If removal and replacement is required, at least 90 percent of the deficient line
shall be removed.
E. Width of removal shall be 1 inch wider on all sides than the nominal width of the
marking to be removed.
F. Removal of unacceptable work shall be accomplished with suitable blasting or
grinding equipment, unless other means are authorized by the Engineer.
Bituminous street surfacing shall not be damaged by the removal operation.
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P A VEMENI MARKINGS
3.06 MEASUREMENT Al\TD PAYMENT
A. A Bid Item for pavement markings has been provided on the Bid Form.
Measurement. is Lump Sum and will include all pavement markings, lines,
messages, hatching, etc. throughout the Project area. Payment of the Bid Item
shall be compensation in full for all costs incidental thereto, including but not
limited to surface preparation, traffic control measures, maintaining the work,
removal of temporary pavement markers, together with any other expenses
incurred in completing the work that are not specifically included for payment
under the Contract Bid Items:
1. Pavement markings exist in the following locations:
a. 36th Avenue.
b. East Research Center Road.
c. Victory Park Parking Lot.
2. For Bid quantity estimations:
a. Pavement Markings Drawings from previous street improvement
projects on 36th Avenue have been included and bound in the back
of the Specifications for Bid Quantity estimating purposes.
b. East Research Center Road striping consists of a double 4 inch
yellow over the entire length of the street.
c. The Victory Park parking lot includes 4 inch lines delineating the
parking stalls along with hatching and multiple handicap symbol
pavement messages.
B. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
E1\T}) OF SECTION
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PAVEMENT MARKINGS
SECTION 02785
BITUMINOUS PAVEMENT TREATMENTS
PART 1- GENERAL
1.01 SECTION INCLUDES
A. Application of bituminous material followed by placement of an aggregated
material on an existing bituminous pavement.
1.02 RELATED SECTIONS
A. Section 02765 - Bituminous Crack Repair Treatments.
1.03 REFERENCES
A. Minnesota Department of Transportation "Standard Specifications for
Construction," 2000 Edition (MnDOT Spec.):
1. 2356 - Bituminous Seal Coat.
2. 3151 - Bituminous Material.
3. 3127 - Seal Coat Aggregate.
4. 3l37.2B - Aggregate Classification.
5. Minnesota Seal Coat Handbook (MSCH).
1.04 SYSTEM DESCRIPTION
A. The streets to be seal coated are shown on the Drawings:
1. All aggregate used on the Project will be F A-2, Class A.
1.05 SEQUENCING AND SCHEDULING
A. Aggregate shall be delivered and stockpiled before to June 1, 2006, to allow the
Owner time to perform necessary testing.
B. Aggregate stockpiling shall be as directed by the Engineer or Public Works
Director:
1. Aggregate will be stockpiled at Public Works. The location is shown on
the Drawings and will be reviewed at the preconstruction meeting.
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2. The Contractor must keep a loader at the stockpile at all times and
maintain the stockpile as necessary.
3. The stockpile must be kept within the designated limits and not be allowed
to spread to the extent that it interferes with City and residential activity.
C. Prior to starting work, the Contractor shall meet, the Engineer and Owner to
discuss the method and means of material supply, a work schedule, and a general
review of the Specifications.
D. The Contractor shall coordinate with the City on any repairs needed to pavement
prior to seal coating.
E. The Contractor is responsible for notifying the Engineer 72 hours in advance of
the seal coating operations for developments to allow the Engineer time to
distribute notification to the residents restricting parking and use during the seal
coat operation.
PART 2 - PRODUCTS
2.0 1 MATERIALS
A. Bituminous Material:
1. Conform to MnDOT Spec. 3151, Emulsified Asphalt, Cationic Grade,
CRS-2.
B. Seal Coat Aggregate:
1. Conform to MnDOT Spec. 3127 and 3137:
a. Aggregate classification, conform to MnDOT Spec. 3137 .2B:
1) Class A Aggregate.
b. Aggregate gradation, conform to MnDOT Spec. 3l27.2C:
1 ) FA - 2 modified.
2. Aggregate must be gray or black in color. A material sample may be
required prior to approval.
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B1TillvlINOUS PAVEMENT TREATMENTS
PART 3 -EXECUTION
3.01 GENERAL
A Prospective Bidders are advised to inspect all streets and verify existing
conditions to their own satisfaction prior to submitting a Bid.
3.02 RESTRICTIONS
A Conform to MnDOT Spec. 2356.3A, except as modified herein:
1. Seal coating operations conducted only 7:00 AM. - 9:00 P.M., Monday
through Friday, and 9:00 AM. - 9:00 P.M. on Saturdays. No work on
Sundays or holidays, unless approved by the Public Works Director.
2. Any water required can be provided by the Owner. Coordinate with Mark
Gaulke, 763-592-6762, at Public Works.
3. Assign at least 1 laborer strictly to walk behind the chip spreader operation
to hand broom or clean up any missed area or piles of aggregate.
4. Application of bituminous material to concrete curb surfaces and into City
storm sewers is prohibited. The Contractor will be responsible for the
immediate removal of said material.
3.03 EQUIPMENT
A Conform to MnDOT Spec. 2356.3B, except as modified herein:
1. Aggregate spreader shall be a self-propelled and computerized.
2. The sweeping broom shall be a power pick up broom.
3.04 SURFACE PREPARATIONS
A All street surfaces carefully cleaned, scraped, swept, and approved by the
Engineer prior to seal coating.
B. Application of water may be required to minimize the creation of air borne dust
and assist in the sweeping and cleaning operation.
C. Hand cleanup used as necessary.
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BITlJi\.1INOUS PAVEMENT TREA TIvlENTS
D. Cover all manhole and gate valve box covers with fine aggregate or sand prior to
seal coating, so that seal coat material does not adhere to the cover surface:
1. Clean all fine aggregate and seal coat material from manhole and gate
valve box covers once work is completed.
2. Dispose of all fine aggregate and seal coat material at an acceptable
location outside the City limits.
3.05 BITUMINOUS MATERlAL APPLICATION
A. Conform to MnDOT Spec. 2356.3D, except as modified herein:
1. Application rates shall be modified only as directed by the Engineer or an
authorized representative.
2. Application rates will be determined based on existing surface conditions
and traffic volumes.
3.06 AGGREGATE APPLICATION
A. Conform to MnDOT Spec. 2356.3E, except as modified herein:
1. Application rates shall be modified only as directed by the Engineer or an
authorized representative.
2. The Contractor is responsible to perform the test strip and calibration of
the chip spreader in accordance to the "Standard Method for Determining
the Transverse Spread Rate for Surface Treatment Application" (Modified
Method ASTM D5624-95):
a. Complete this procedure on the first day of seal coat application
and 1 additional time during construction as requested by the
Engineer.
b. All cost associated with this test are considered incidental to the
aggregate placement Bid Item.
3. Hand spreading or brooming of seal coat aggregate will be required of the
Contractor where non-uniform application of seal coat bitumen and/or
aggregate occurs, and small irregular areas.
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BITUlvlINOUS PAVEMENTTREAThlENTS
3.07 ROLLING OPERATIONS
A. Conform to MnDOT Spec. 2356.3F, except as modified herein:
1. Rolling operations shall be performed to allow the aggregate to properly
be embedded into the binder material prior to the binder "breaks."
2. A minimum of 3 rollers will be required.
3. Compact for a minimum of 3 passes over all areas with 5 passes required
on heavily traveled roadways with speed limits greater than 30 mph.
4. Roller speed not to exceed 5 mph.
3.08 INITIAL SWEEPING OF EXCESS AGGREGATE
A. Sweeping operations shall begin approximately 1 to 3 days after seal coat has
been allowed to set up.
B. Engineer to determine the exact date to begin sweeping operations.
C. In the event that the Contractor has not completed the sweeping within the
specified time of the completion of application, a penalty of $100 per calendar
day will be charged until the sweeping is completed.
D. Utilize more than 1 power pick-up broom if necessary to meet time requirement.
E. The Contractor shall be responsible for the sweeping and removal of the excess
aggregate from the streets shall be disposed of off the Project Site.
3.09 PROTECTION
A. Conform to MnDOT Spec. 2356.3G, except as modified herein:
1. The Contractor shall be responsible for damage done to any adjacent
driving surfaces, shoulders, or boulevards.
B. Traffic Control:
1. It will be the Contractors responsibility to install and maintain warning
signs at the entrances to developments or the ends of the streets being seal
coated. All necessary signs shall be coordinated with the City:
a. These signs shall be 36 inch x 36 inch with the wording "Loose
Rock. "
b. Signs equipped with warning lights.
000034-06180-0
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BITUMINOUS PAVEMENT TREATMENTS
c. Signs to remain in-place until the sweeping of excess aggregate is
complete.
d. Compensation for all work related as part of the Bid Item "Traffic
Contro1."
2. Flexible Raised Reflector Pavement Marking Devices:
a. Provide new flexible raised reflector pavement marking devices to
identify all existing pavement markings where applicable.
b. The color must correspond to the existing pavement markings.
c. Install these devices 5 days prior to seal coating each specific
street.
d. The interval or spacing for this work shall be a minimum of 100
feet or where changes are made in the existing stripping.
e. The cost for this work shall be included in the Traffic Control Bid
Item on a Lump Sum basis.
f. The repainting of the pavement markings will be done under this
Contract.
3. Traffic rerouting is the responsibility of the Contractor.
4. All flag persons, barricades, flashers, and safety measures are the sole
responsibility of the Contractor.
5. Provide sufficient direction and warning signs on the Project to minimize
inconvenience to property owners and the traveling public.
6. Provide reasonable access at all times for abutting property owners and for
emergency vehicles. Utilize flares or approved flashers from sunset to
sunrise if required by the construction.
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BITUivIINOUS PAVEMENT TREATIvIENTS
3.10 FIELD QUALITY CONTROL
A. The Contractor shall submit for review by the Engineer at the Pre-Construction
Conference, a report from an independent testing laboratory indicating the
gradation, median aggregate size, flakiness index, bulk specific gravity, and loose
unit weight of the aggregate being supplied for the Project. This information shall
be used to determine the design application rates for the aggregate and bituminous
material.
B. The Contractor shall submit for review by the Engineer at the Pre-Construction
Conference information regarding the anticipated residual asphalt content of the
proposed binder material.
C. The Contractor is responsible for notifying the Engineer of pit location,
bituminous supply, scale location, and any other correlated items in advance of
starting time so that adequate control measures can be established.
D. Inspections shall be performed in accordance to the MnDOT Minnesota Seal Coat
Handbook
3.11 MEASUREMENT AND PAYMENT
A. Bituminous Material:
1. Measurement shall be based on the bituminous material applied by volume
in gallons at 600 F.
2. Payment shall be made based on the Bid Item provided on the Bid Form
and shall include the following:
a. Delivery of material.
b. Distributor calibration.
c. Distribution and application.
3. Bid Form quantity is estimated based on an application rate of 0.25
gallons per square yard.
B. Seal Coat Aggregate:
1. Measurement shall be based on tons of material placed and accepted:
a. Stockpiled aggregate material requires weight tickets specifically
noting the gross, net, and tare weights of material delivered.
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BlTUIvlINOUS PAVEMENT TREATMENTS
2. Payment shall be made based on the Bid Item provided on the Bid Form
for each specific aggregate type and inClude the following:
a. Delivery and stockpile of aggregate.
b. Initial aggregate testing.
c. Specified surface preparation.
d. Calibration of aggregate spreader.
e. Hauling and spreading of aggregate.
f. Rolling and compaction of aggregate.
g. Initial sweeping costs.
3" Bid Form quantity is estimated based on an application rate of 23 pounds
per square yard.
C. Traffic Control paid for as a Lump Sum based on the Bid Unit Price stated on the
Bid Form.
D. The Owner reserves the right to add or decrease the Bid Form quantities without a
change in the Bid Unit Price.
E. If any application rate of the aggregate of bituminous material, as determined by
the Engineer, is greater than 10 percent that designated by the Engineer at the start
of the Project, the materials in excess shall be incidental to the remainder of the
Project.
F. All other work and costs of this Section shall be incidental to the Project and
included in the TOTAL BASE BID.
END OF SECTION
000034-06180-0
~ 2006 Bonestroo, Rosene,
Anderlik & Associates, Inc,
02785-8
BITUMINOUS PAVEMENT TREATMENTS
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STREET AND UTIUTY IMPROVEMENTS
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This document has important legal consequences; consultation with an attorney is encouraged with respect to its use or
modification. This document should be adapted to the particular circumstances of the contemplated Project and the
Controlling Law.
STANDARD
GENERAL CONDITIONS
OF THE
CONSTRUCTION CONTRACT
Prepared by
ENGINEERS JOINT CONTRi.\.CT DOCUMENTS COMMITTEE
and
Issued and Published Jointly By
.-----..
ACEC
National Society of
Professional Engineers"
Professional Engineers in Private Practice
';".l::l-i.IC.\,' CC'l'SUI, l); E."Gl~tUll:;(. CU.'.ll',\.';lo.~
PROFESSIONAL ENGINEERS IN PRIVATE PRACTICE
a practice division of the
NATIONAL SOCIETY OF PROFESSIONAL ENGINEERS
AMERICAN COUNCIL OF ENGINEERING COMP Al"\J"IES
AlvIERICAN SOCIETY OF CIVIL ENGINEERS
This document has been approved and endorsed by
The Associated General Contractors of America
~ Knowledge ior Creating
~ ana SuslalnlOg
the Built Environment
Construction Specifications Institute
EJCDC C-700 Standard of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved.
00700 - 1
Copyright @2002
National Society of Professional Engineers
1420 King Street, Alexandria, VA 22314
American Council of Engineering Companies
1015 15th Street, N.W., Washington, DC 20005
American Society of Civil Engineers
1801 Alexander Bell Drive, Reston, VA 20191-4400
These General Conditions have been prepared for use with the Suggested Forms of Agreement Between Owner and
Contractor Nos. C-S20 or C-S2S (2002 Editions). Their provisions are interrelated and a change in one may necessitate a
change in the other. Comments concerning their usage are contained in the EJCDC Construction Documents. General and
Instructions (No. C-OOI) (2002 Edition). For guidance in the preparation of Supplementary Conditions, see Guide to the
Preparation of Supplementary Conditions (No. C-800) (2002 Edition).
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 2
TABLE OF CONTENTS
Page
ARTICLE 1 - DEFINITIONS N\fD TERMINOLOGY ..............................................................................................................6
1.01 Defined Terms............................................................................................................................... ................ ...........6
1.02 Terminology....................................................................................................................... ......................................8
ARTICLE 2 - PRELIMINARY MATTERS. ................................. ......... .............. .... ..... ...... ... ................................ .....................9
2.01 Delivel}' of Bonds and Evidence of Insurance .........................................................................................................9
2.02 Copies of Documents......................................................................................................................... ............ ..........9
2.03 Commencement of Contract Times; Notice to Proceed ...........................................................................................9
2.04 Starting the Work...... .................................................................................................................................. .... .........9
2.05 Before Starting Construction....................................................................................................................... ............9
2.06 Preconstruction Conference....................................................................................................... ..............................9
2.07 Initial Acceptance of Schedules ................ .............................................................................................. .................9
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, N\tIENDING, REUSE.......................................................................10
3.01 Intent.............................................................................................................................. ........................................10
3.02 Reference Standards....................................................................................................................... .......................10
3.03 Reporting and Resolving Discrepancies ................................................................................................................10
3.04 Amending and Supplementing Contract Documents ....................................... .......................................................11
3.05 Reuse of Documents ......................... ...... ............ ..... ............. .................. ............................................................... ..11
3.06 Electronic Data............................................................................................................................ ......................... .11
ARTICLE 4 - A V AILABILITY OF LANDS; SUBSURFACE AND PHYSICAL CONDITIONS; HAZARDOUS
ENVIRONMENTAL CONDITIONS; REFERENCE POINTS ................................................................................................11
4.01 A vailability of Lands ....... .................... .... ....... .................................. .............. .......... ....... ... ........... ...... ................ ...11
4.02 Subslllface and Physical Conditions... ........... .......... .......... ............... ........ ............. ......... .................... ....... ............12
4.03 Differing Subslllface or Physical Conditions ......... ........................... .............................. .......................................12
4.04 Underg round Facilities....................................................................................................................... .................. .13
4.05 Reference Points........................................................................................................................ ......... .................. .13
4.06 Hazardous Environmental Condition at Site .........................................................................................................13
ARTICLE 5 - BONDS AND INSURANCE .............................................................................................................................14
5.01 Pelformance, Payment, and Other Bonds..............................................................................................................14
5.02 Licensed Sureties and Insurers ..............................................................................................................................15
5.03 Certificates of Insurance .... .... .......... ...... ................ .... .......... ....... ................... ................. ... ........... ...... ... ....... .........1 5
5.04 Contractor's Liability Insurance ........ .... ................ .............. ........... ........ ... ......... ............. .................................... ..1 5
5.05 OHner's Liability Insurance ............... ...................... .................... ........ ..... ......... ................ ............... ........... ....... ..16
5.06 Property Insurance........................................................................................................................ ..... .................. .16
5.07 Waiver of Rights .............. ........ ............ .... ....... ....... ... ...... ......... ......... ........... .......... ......... ..... ....... ........................... .17
5.08 Receipt and Application of Insurance Proceeds ....................................................................................................17
5.09 Acceptance of Bonds and Insurance; Option to Replace .......................................................................................17
5.10 Partial Utilization, Acknowledgment of Property Insurer .....................................................................................18
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES ..........................................................................................................18
6.01 Supervision and Superintendence .... ...... ........... ..... .................. ....... .......... ....... ...... ............ .... ............. ...................18
6.02 Labor; Working Hours. .......................... ....... .......... ..... ............ ............. ......... .................... ....... ............. ................18
6.03 Services, J'vlaterials, and Equipment........ ....... .............. ......................... ..... ....... ............... ............... .......................18
6.04 Progress Schedule.......................................................................................................................... ....................... .18
6.05 Substitutes and" Or-Equals" ........ ............ ..... .......... ............................. ...... ........ ...... ............................ ............... ..19
6.06 Concerning Subcontractors, Suppliers, and Others. ........... .... .... ... ........ ......... ...... .............. ........... .... .................. ..20
6.07 Patent Fees and Royalties.. .................. ....... ............... .................... ... .......... ........ .................... ........... ....................21
6.08 Permits....................................................................................................................... ........................................... .21
6.09 La,vs and Regulations ............ .......... ........... ...,.. ... ... ............. .... ......... .................... ............... ......... ...... .................. .21
6.10 T (L,es .............................................................................. ................................................................................ ........22
6.11 Use of Site and Other Areas...................................................................................................................................22
6.12 Record Documen ts ................................................................................................................................. ................22
6.13 Safety and Protection ................ ...... ........ ....... ............ ........... ........... ..... ..... ..... ....................... ..................., ............22
6.14 Safety Represen tative .................................................................................................................................. ...........23
6.15 Hazard Communication Programs .. .................... ....................... ...... ....... ............. ... ............... ................. ............ ..23
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <9 2002 National Society of Professional Engineers for EJCDC All rights reserved.
00700 - 3
6.16 Emergencies..................................................................................................................... ..................................... .23
6.17 Shop Drawings and Samples .......... .......... ..... ......... "".. ...... ......... .... ......... ........ ..... .......... ....... ............... ....... ..........23
6.18 Continuing the Work ......................... ........ .... ........... ........................................ ... ............ .......................................24
6.19 Contractor's General Warranty and Guarantee ....................................................................................................24
6.20 Indemnification..... ................................................................................................................................. ............... .24
6.21 Delegation of Professional Design Services ..........................................................................................................25
ARTICLE 7 - OTHER WORK AT THE SITE .........................................................................................................................25
7.01 Related Work at Site ................... .............. ............. ......... ..... ................ ......... ........... ......... .................................. ....25
7.02 Coo rdination ..................................................................................................................................... .....................26
7.03 Legal Relationships..................................................................................................................... .......................... .26
ARTICLE 8 - OWNER'S RESPONSIBILITIES ......................................................................................................................26
8.01 Communications to Contractor........................................................................................................................... . ..26
8.02 Replacement of Eng ineer ..................................................................................................................................... ..26
8.03 Furnish Data.................................................................................................................... ..................................... .26
8.04 Pay ~Vhen Due............................................................................................................................... ....................... ..26
8.05 Lands and Easements; Reports and Tests ..............................................................................................................26
8.06 Insurance........ ..................................................................................................................................... ......... ..........26
8.07 Chang e Orders............................................................................................................................ .......................... .26
8.08 Inspections, Tests, and Approvals ....... .......... ... ........ .... ...... ......................................................... ....... ................ ....26
8.09 Limitations on Owner's Responsibilities............................................... .................................................................2 7
8.10 Undisclosed Hazardous Environmental Condition ... .... .......... .......... ............ ............. .......... ....... .......... .......... .......27
8.11 Evidence of Financial Arrangements. ............ ............... .............. ..................... .......... ............ ......................... .......27
ARTICLE 9 - ENGINEER'S STATUS DURING CONSTRUCTION.....................................................................................27
9.01 Owner's Represen tative ................................................................................................................................ .........27
9.02 Visits to Site............................................................................................................................. .............................. .27
9.03 Project Representative................................................................................................................ ...........................27
9.04 Authorized Variations in Work..... ..... ....... ....... ......... .... ................ ...... ....... .................... ... ... .... ........... ....................27
9.05 Rejecting Defective Work .................... ............. ........ ........................ ..... ........................... ....... ...............................27
9.06 Shop Drawings, Change Orders and Payments .....................................................................................................28
9.07 Determinations for Unit Price Work ........... ............. ........................... ...................... .................. ....................... ....28
9.08 Decisions on Requirements of Contract Documents and Acceptability of Work ...................................................28
9.09 Limitations on Engineer's Authority and Responsibilities. .............................. .............................. ....... ....... ...... ....28
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS ...........................................................................................................28
10.01 Authorized Changes in the Work.................. ... .... ........... .......................... ........ ............ ..................... .....................28
10.02 Unauthorized Changes in the Work .......................................................................................................................29
10.03 Execution of Change Orders. ............ ............ ............... ............. .................. ........ .......... .......... .......... ............. ........29
10.04 Notification to Surety .. ............ ......................... ............ ................ ............. .......................... ....... ........ .... ................29
10.05 Claims.......................................................................................................................... ..........................................29
ARTICLE 11 - COST OF THE WORK; ALLOWANCES; UNIT PRICE WORK..................................................................30
11.01 Cost of the Work........... ........ .................... ...... .......... ..... ........ ..... ........... ..... ............. ................. .......... .............. ......30
11.02 Allowances ......... ............. ....... ........... ....... ............. ...... .......... .............. ......... ........... ......... ........... .......... .................31
11.03 Unit Price Work .....................................................................................................................................................31
ARTICLE 12 - CHANGE OF CONTRACT PRICE; CHANGE OF CONTRACT TIMES .....................................................32
12.01 Change of Contract Price ................. .............. ........... .... ................ ............ ..... ..... ................. ...... .......... ............. ....32
12.02 Change of Contract Times ......... .... ..... ............ .... ........... .......................... .......... ....... .................. ..... ..... ....... ..........33
12.03 Delays........................................................................................................................ ............................................33
ARTICLE 13 - TESTS Al\iTI INSPECTIONS: CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK.......33
13.01 Notice of Defects ..... ....... ....... ..... ......... ............. ............ .... ........... ..................... ......... .............. .............. ............. ....33
13.02 Access to Work ..... ............... ....... .......... ....... ......... ........ .... ............... .......... ....... ......... ........... ............ ..... ................. 33
13.03 Tests and Inspections .... ........ ..... ...... .... ........ ........ ........ .... .......... ........ ......... ..... .......... ............ ..... .......... ............. ....33
13.04 Uncovering ~V ork .............................................................................................................................. .....................34
13.05 Owner !'vIay Stop the Work .....................................................................................................................................34
13.06 Correction or Removal of Defective Work .............................................................................................................34
13.07 Correction Period ....... ......., ... ..... ...... ............. ..' ........ ......... .......... ...... ... ............ .... ... .... ......................... ....... ... ... ....34
13.08 Acceptance of Defective Work ...............................................................................................................................35
13.09 Owner May Correct Defective Work......................................................................................................................35
ARTICLE 14 - PAytvIENTS TO CONTRACTOR Al"l"D COMPLETION...............................................................................36
14.01 Schedule of Values ..... ................ ......... .... .............. ..... .... .................. ... ............ ................... ........ .......... ...... ............36
14.02 Progress Payments..............................................................,........................................................ ........................ ..36
14.03 Contractor's Warranty of Title .... .......... ..... ..... .............. ............. ............. ....... ................ ............ ......... ..................37
14.04 Substantial Completion....................................................................................................................... ...................37
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJ CDC. All rights reserved.
00700 - 4
14.05 Pa rtial Utilization............................................................................................ ......................................................38
14.06 Final Inspection........................................................................................................................... ..........................38
14.07 Final Paymen t ................................................................................................................................ ........................38
14.08 Final Completion Delayed.... ................................................................................................................................. 39
14.09 Waive r of Claims................................................................................................................................ ........ .... ........39
ARTICLE 15 - SUSPENSION OF WORK A1'ID TERMINATION .........................................................................................39
15.01 Owner l\1ay Suspend Work............................. .......... ........ ........ ....... ........... ................. ........ ....... ............................39
15.02 Owner May Terminate for Cause ................... ............... ...... ........ ..... ................... .......................... ................ .........39
15.03 Owner May Terminate For Convenience .............. .............. .... ................. .... ....... .......................... ............. .... ........40
15.04 Contractor May Stop Work or Terminate ..............................................................................................................40
ARTICLE 16 - DISPUTE RESOLUTION ................................................................................................................................41
16.01 1\1 ethods and Procedures................................... ....................................................................................................41
ARTICLE 17 - MISCELLANEOUS........................................................................................................................... ..............41
17.01 Giving LV otice .............. ......... ..................................................................................................................................41
17.02 Computation of Times ..... ................... ......... ... .......... ............ ........... .......... ............. .... ............................. ...............41
17.03 Cumulative Remedies.............................................................................................................................. ...............41
17.04 Survival of Obligations ............. .......................................... ............................. .......................... ... ............. ............41
17.05 Controlling Law .................................................................................................. ........ ...........................................41
17 .06 Headings............................................................................................................................ ........ ........................... .41
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright (Q 2002 National Society of Professional Engineers for E.JCDC. All rights reserved.
GENERAL CONDITIONS
ARTICLE 1 - DEFINITIONS AND TERMINOLOGY
LO 1 Defined Terms
A. Wherever used in the Bidding Requirements
or Contract Documents and printed with initial capital
letters, the terms listed below will have the meanings
indicated which are applicable to both the singular and
plural thereof. In addition to terms specifically defined,
terms with initial capital letters in the Contract
Documents include references to identified articles and
paragraphs, and the titles of other documents or forms.
L AddendauWritten or graphic instruments
issued prior to the opening of Bids which clarify, correct,
or change the Bidding Requirements or the proposed
Contract Documents.
2. Agreement--The written instrument which is
evidence of the agreement between Owner and Contractor
covering the Work.
3. Application for Payment-- The form acceptable
to Engineer which is to be used by Contractor during the
course of the Work in requesting progress or final
payments and which is to be accompanied by such
supporting documentation as is required by the Contract
Documents.
4. Asbestos--Any material that contains more
than one percent asbestos and is friable or is releasing
asbestos fibers into the air above current action levels
established by the United States Occupational Safety and
Health Administration.
S. BiduThe offer or proposal of a Bidder
submitted on the prescribed form setting forth the prices
for the 'Work to be performed.
6. Bidder--The individual or entity who submits
a Bid directly to Owner.
7. Bidding
Requirements and the
(including all Addenda).
Documents-- The Bidding
proposed Contract Documents
8. Bidding Requirements-- The Advertisement or
Invitation to Bid, Instructions to Bidders, bid security of
acceptable form, if any, and the Bid Form with any
supplements.
9. Change OrderuA document recommended by
Engineer which is signed by Contractor and Owner and
authorizes an addition, deletion, or revision in the Work
or an adjustment in the Contract Price or the Contract
Times, issued on or after the Effective Date of the
Agreement.
10. ClaimuA demand or assertion by Owner or
Contractor seeking an adjustment of Contract Price or
Contract Times, or both, or other relief with respect to the
terms of the Contract. A demand for money or services by
a third party is not a Claim.
11. ContractnThe entire and integrated written
agreement between the Owner and Contractor concerning
the Work. The Contract supersedes prior negotiations,
representations, or agreements, whether written or oral.
12. Contract Documents-- Those items so
designated in the Agreement. Only printed or hard copies
of the items listed in the Agreement are Contract
Documents. Approved Shop Drawings, other Contractor's
submittals, and the reports and drawings of subsurface
and physical conditions are not Contract Documents.
13. Contract Price--The moneys payable by
Owner to Contractor for completion of the Work in
accordance with the Contract Documents as stated in the
Agreement (subject to the provisions of Paragraph 11.03
in the case of Unit Price Work).
14. Contract TimesnThe number of days or the
dates stated in the Agreement to: (i) achieve Milestones, if
any, (ii) achieve Substantial Completion; and (iii) com-
plete the Work so that it is ready for final payment as
evidenced by Engineer's written recommendation of final
payment.
IS. ContractoruThe individual or entity with
whom Owner has entered into the Agreement.
16. Cost of the Work--See Paragraph 1 LOLA for
definition.
17. Drawings--That part of the Contract
Documents prepared or approved by Engineer which
graphically shows the scope, extent, and character of the
Work to be performed by Contractor. Shop Drawings and
other Contractor submittals are not Drawings as so
defined.
18. Effective Date of the AgreementuThe date
indicated in the Agreement on which it becomes effective,
but if no such date is indicated, it means the date on
which the Agreement is signed and delivered by the last
of the two parties to sign and deliver.
19. EngineeruThe individual or entity named as
such in the Agreement.
EJ CDC C-700 Standard General Conditions of the Construction Contract.
Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights resened.
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20. Field OrderhA written order issued by
Engineer which requires minor changes in the Work but
which does not involve a change in the Contract Price or
the Contract Times.
21. General RequirementshSections of Di vision
1 of the Specifications. The General Requirements pertain
to all sections of the Specifications.
22. Hazardous Environmental ConditionhThe
presence at the Site of Asbestos, PCBs, Petroleum,
Hazardous Waste, or Radioactive Material in such
quantities or circumstances that may present a substantial
danger to persons or property exposed thereto in
connection with the Work.
23. Hazardous Waste--The term Hazardous
Waste shall have the meaning provided in Section 1004 of
the Solid Waste Disposal Act (42 USC Section 6903) as
amended from time to time.
24. Laws and Regulations; Laws or Regulations-
-Any and all applicable laws, rules, regulations, ordinanc-
es, codes, and orders of any and all governmental bodies,
agencies, authorities, and courts having jurisdiction.
25. LienshCharges, security interests, or
encumbrances upon Project funds, real property, or
personal property.
26. lvIilestone--A principal event specified in the
Contract Documents relating to an intermediate comple-
tion date or time prior to Substantial Completion of all the
Work.
27. Notice of A warduThe written notice by
Owner to the Successful Bidder stating that upon timely
compliance by the Successful Bidder with the conditions
precedent listed therein, Owner will sign and deliver the
Agreement.
28. Notice to ProceedhA written notice given by
Owner to Contractor fixing the date on which the Con-
tract Times will commence to run and on which
Contractor shall start to perform the Work under the
Contract Documents.
29. OwneruThe individual or entity with whom
Contractor has entered into the Agreement and for whom
the Work is to be performed.
30. PCBsuPolychlorinated biphenyls.
31. Petroleumupetroleum, including crude oil or
any fraction thereof which is liquid at standard conditions
of temperature and pressure (60 degrees Fahrenheit and
14.7 pounds per square inch absolute), such as oil,
petroleum, fuel oil, oil sludge, oil refuse, gasoline,
kerosene, and oil mixed with other non-Hazardous Waste
and crude oils.
32. Progress SchedulehA schedule, prepared and
maintained by Contractor, describing the sequence and
duration of the activities comprising the Contractor's plan
to accomplish the Work within the Contract Times.
33. Project--The total construction of which the
Work to be performed under the Contract Documents may
be the whole, or a part.
34. Project lvIanualhThe bound documentary
information prepared for bidding and constructing the
Work. A listing of the contents of the Project Manual,
which may be bound in one or more volumes, is
contained in the table(s) of contents.
35. Radioactive lvIaterialhSource, special nucle-
ar, or byproduct material as defined by the Atomic Energy
Act of 1954 (42 USC Section 2011 et seq.) as amended
from time to time.
36. Related Entity h An officer, director, partner,
employee, agent, consultant, or subcontractor.
37. Resident Project Representativeh The autho-
rized representative of Engineer who may be assigned to
the Site or any part thereof.
38. SamplesuPhysical examples of materials,
equipment, or workmanship that are representative of
some portion of the Work and which establish the
standards by which such portion of the Work will be
judged.
39. Schedule of SubmittalshA schedule, prepared
and maintained by Contractor, of required submittals and
the time requirements to support scheduled performance
of related construction acti vities.
40. Schedule of ValuesuA schedule, prepared
and maintained by Contractor, allocating portions of the
Contract Price to various portions of the Work and used
as the basis for reviewing Contractor's Applications for
Payment.
41. Shop Drawings--All drawings, diagrams,
illustrations, schedules. and other data or information
which are specifically prepared or assembled by or for
Contractor and submitted by Contractor to illustrate some
portion of the Work.
42. Site--Lands or areas indicated in the Contract
Documents as being furnished by Owner upon which the
Work is to be performed, including rights-of-way and
easements for access thereto, and such other lands
furnished by Owner which are designated for the use of
Contractor.
43. Specificationsu That part of the Contract
Documents consisting of written requirements for
materials. equipment, systems, standards and
workmanship as applied to the Work, and certain
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC- All rights reserved.
administrative requirements and procedural matters
applicable thereto.
44. Subcontractor--An individual or entity
having a direct contract with Contractor or with any other
Subcontractor for the performance of a part of the Work
at the Site.
45. Substantial Completion-- The time at which
the Work (or a specified part thereof) has progressed to
the point where, in the opinion of Engineer, the Work (or
a specified part thereof) is sufficiently complete, in
accordance with the Contract Documents, so that the
Work (or a specified part thereof) can be utilized for the
purposes for which it is intended. The terms "substantially
complete" and "substantially completed" as applied to all
or part of the Work refer to Substantial Completion
thereof.
46. Successful BiddernThe Bidder submitting a
responsive Bid to whom Owner makes an award.
47. Supplementary Conditions-- That part of the
Contract Documents which amends or supplements these
General Conditions.
48. Supplier--A manufacturer, fabricator, suppli-
er, distributor, materialman, or vendor having a direct
contract with Contractor or with any Subcontractor to
furnish materials or equipment to be incorporated in the
Work by Contractor or any Subcontractor,
49. Underground FacilitiesnAll underground
pipelines, conduits, ducts, cables, wires, manholes, vaults,
tanks, tunnels, or other such facilities or attachments, and
any encasements containing such facilities, including
those that convey electricity, gases, steam, liquid
petroleum products, telephone or other communications,
cable television, water, wastewater, storm water, other
liquids or chemicals, or traffic or other control systems.
SO. Unit Price Work--Work to be paid for on the
basis of unit prices.
51. Workn The entire construction or the various
separately identifiable parts thereof required to be
provided under the Contract Documents. Work includes
and is the result of performing or providing all labor,
services, and documentation necessary to produce such
construction, and furnishing, installing, and incorporating
all materials and equipment into such construction, all as
required by the Contract Documents.
but is evidence that the parties expect that the change
ordered or documented by a Work Change Directive wiI!
be incorporated in a subsequently issued Change Order
following negotiations by the parties as to its effect, if
any, on the Contract Price or Contract Times.
1.02 Terminology
A. The following words or terms are not defined
but, when used in the Bidding Requirements or Contract
Documents, have the following meaning.
B. Intent of Certain Terms or Adjectives
1. The Contract Documents include the terms "as
allowed," "as approved," "as ordered", "as directed" or
terms of like effect or import to authorize an exercise of
professional judgment by Engineer. In addition, the
adjectives "reasonable," "suitable," "acceptable,"
"proper," "satisfactory," or adjectives of like effect or
import are used to describe an action or determination of
Engineer as to the Work. It is intended that such exercise
of professional judgment, action or determination will be
solely to evaluate, in general, the Work for compliance
with the requirements of and information in the Contract
Documents and conformance with the design concept of
the completed Project as a functioning whole as shown or
indicated in the Contract Documents (unless there is a
specific statement indicating otherwise). The use of any
such term or adjective is not intended to and shall not be
effective to assign to Engineer any duty or authority to
supervise or direct the performance of the Work or any
duty or authority to undertake responsibility contrary to
the provisions of Paragraph 9.09 or any other provision of
the Contract Documents.
C. Day
1. The word "day" means a calendar day
of 24 hours measured from midnight to the next midnight.
D. Defective
1. The word "defective," when
word "Work," refers to Work that is
faulty, or deficient in that it:
modifying the
unsatisfactory,
a. does not conform to the Contract Documents,
or
b. does not meet the requirements of any
applicable inspection, reference standard, test. or
approval referred to in the Contract Documents,
or
52. Work Change DirectiveuA written statement
to Contractor issued on or after the Effective Date of the
Agreement and signed by Owner and recommended by
Engineer ordering an addition, deletion, or revision in the
Work, or responding to differing or unforeseen subsurface
or physical conditions under which the Work is to be
performed or to emergencies. A Work Change Directive
will not change the Contract Price or the Contract Times
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC- All rights reserved.
00700 - 8
c. has been damaged prior to Engineer's -
recommendation of final payment (unless
responsibility for the protection thereof has been
assumed by Owner at Substantial Completion in
accordance with Paragraph 14.04 or 14.05).
E. Furnish, Install, Pe/form, Provide
1. The word "furnish," when used in connection
with services, materials, or equipment, shall mean to
supply and deliver said services, materials, or equipment
to the Site (or some other specified location) ready for use
or installation and in usable or operable condition.
2. The word "install," when used in connection
with services, materials, or equipment, shall mean to put
into use or place in final position said services, materials,
or equipment complete and ready for intended use.
3. The words "perform" or "provide," when used
in connection with services, materials, or equipment, shall
mean to furnish and install said services, materials, or
equipment complete and ready for intended use.
4. When "furnish," "install," "perform," or "pro-
vide" is not used in connection with services, materials, or
equipment in a context clearly requiring an obligation of
Contractor, "provide" is implied.
F. Unless stated otherwise in the Contract Docu-
ments, words or phrases which have a well-known
technical or construction industry or trade meaning are
used in the Contract Documents in accordance with such
recognized meaning.
ARTICLE 2 - PRELIMINARY MATTERS
2.0 I Delive/)' of Bonds and Evidence of Insurance
A. When Contractor delivers the executed
counterparts of the Agreement to Owner, Contractor shall
also deliver to Owner such bonds as Contractor may be
required to furnish.
B. Evidence of Insurance: Before any Work at
the Site is started, Contractor and Owner shall each
deliver to the other, with copies to each additional insured
identified in the Supplementary Conditions, certificates of
insurance (and other evidence of insurance which either
of them or any additional insured may reasonably request)
which Contractor and Owner respectively are required to
purchase and maintain in accordance with Article 5.
2.02
Copies of Documents
A. Owner shall furnish to Contractor up to ten
printed or hard copies of the Drawings and Project
Manual. Additional copies will be furnished upon request
at the cost of reproduction.
2.03 Commencement of Contract Times; Notice to
Proceed
A. The Contract Times will commence to run on
the thirtieth day after the Effective Date of the Agreement
or, if a Notice to Proceed is given, on the day indicated in
the Notice to Proceed. A Notice to Proceed may be given
at any time within 30 days after the Effective Date of the
Agreement. In no event will the Contract Times com-
mence to run later than the sixtieth day after the day of
Bid opening or the thirtieth day after the Effective Date of
the Agreement, whichever date is earlier.
2.04 Starting the Work
A. Contractor shall start to perform the Work on
the date when the Contract Times commence to run. No
Work shall be done at the Site prior to the date on which
the Contract Times commence to run.
2.05 Before Starting Construction
A. Preliminary Schedules: Within 10 days after
the Effective Date of the Agreement (unless otherwise
specified in the General Requirements), Contractor shall
submit to Engineer for timely review:
I. a preliminary Progress Schedule; indicating
the times (numbers of days or dates) for starting and
completing the various stages of the Work, including any
Milestones specified in the Contract Documents;
2. a preliminary Schedule of Submittals; and
3. a preliminary Schedule of Values for all of the
Work which includes quantities and prices of items which
when added together equal the Contract Price and subdi-
vides the Work into component parts in sufticient detail to
serve as the basis for progress payments during
performance of the Work. Such prices will include an
appropriate amount of overhead and profit applicable to
each item of Work.
2.06 Preconstruction Conference
A. Before any Work at the Site is started, a
conference attended by Owner, Contractor, Engineer, and
others as appropriate will be held to establish a working
understanding among the parties as to the Work and to
discuss the schedules referred to in Paragraph 2.0S.A,
procedures for handling Shop Drawings and other
submittals, processing Applications for Payment, and
maintaining required records.
2.07
Initial Acceptance of Schedules
A. At least 10 days before submission of the first
Application for Payment a conference attended by
Contractor, Engineer. and others as appropriate will be
held to review for acceptability to Engineer as provided
below the schedules submitted in accordance with
Paragraph 2.0S.A. Contractor shall have an additional 10
days to make corrections and adjustments and to complete
and resubmit the schedules. No progress payment shall be
made to Contractor until acceptable schedules are
submitted to Engineer.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright IQ 2002 National Society of Professional Engineers for EJCDC All rights reserved.
00700 . 9
1. The Progress Schedule will be acceptable to
Engineer if it provides an orderly progression of the Work
to completion within the Contract Times. Such acceptance
will not impose on Engineer responsibility for the
Progress Schedule, for sequencing, scheduling, or
progress of the Work nor interfere with or relieve
Contractor from Contractor's full responsibility therefor.
2. Contractor's Schedule of Submittals will be
acceptable to Engineer if it provides a workable
arrangement for reviewing and processing the required
submittals.
3. Contractor's Schedule of Values will be
acceptable to Engineer as to form and substance if it
provides a reasonable allocation of the Contract Price to
component parts of the Work.
ARTICLE 3 - CONTRACT DOCUMENTS:
A1vlENDING, REUSE
INTENT,
3.01 Intent
A. The Contract Documents are complementary;
what is required by one is as binding as if required by all.
B. It is the intent of the Contract Documents to
describe a functionally complete Project (or part thereof)
to be constructed in accordance with the Contract Docu-
ments. Any labor, documentation, services, materials, or
equipment that may reasonably be inferred from the
Contract Documents or from prevailing custom or trade
usage as being required to produce the intended result will
be provided whether or not specifically called for at no
additional cost to Owner.
C. Clarifications and
Contract Documents shall be
provided in Article 9.
interpretations of the
issued by Engineer as
3.02 Reference Standards
A. Standards. Specifications, Codes, Laws. and
Regulations
1. Reference to standards, specifications,
manuals, or codes of any technical society, organization,
or association, or to Laws or Regulations, whether such
reference be specific or by implication, shall mean the
standard, specification, manual, code, or Laws or Regula-
tions in effect at the time of opening of Bids (or on the
Effective Date of the Agreement if there were no Bids),
except as may be otherwise specifically stated in the
Contract Documents.
responsibilities of Owner, Contractor, or Engineer, or any
of their subcontractors, consultants, agents, or employees
from those set forth in the Contract Documents. No such
provision or instruction shall be effective to assign to
Owner, or Engineer, or any of, their Related Entities, any
duty or authority to supervise or direct the performance of
the Work or any duty or authority to undertake respon-
sibility inconsistent with the provisions of the Contract
Documents.
3.03
Reporting and Resolving Discrepancies
A. Reporting Discrepancies
1. Contractor's Review of Contract Documents
Before Starting Work: Before undertaking each part of the
Work, Contractor shall carefully study and compare the
Contract Documents and check and verify pertinent
figures therein and all applicable field measurements.
Contractor shall promptly report in writing to Engineer
any conflict, error, ambiguity, or discrepancy which
Contractor may discover and shall obtain a written
interpretation or clarification from Engineer before
proceeding with any Work affected thereby.
2. Contractor's Review of Contract Documents
During Pelforl71ance of Work: If, during the performance
of the Work, Contractor discovers any conflict, error,
ambiguity, or discrepancy within the Contract Documents
or between the Contract Documents and any provision of
any Law or Regulation applicable to the performance of
the Work or of any standard, specification, manual or
code, or of any instruction of any Supplier, Contractor
shall promptly report it to Engineer in writing. Contractor
shall not proceed with the Work affected thereby (except
in an emergency as required by Paragraph 6.16.A) until
an amendment or supplement to the Contract Documents
has been issued by one of the methods indicated in
Paragraph 3.04.
3. Contractor shall not be liable to Owner or
Engineer for failure to report any conflict, error, ambigu-
ity, or discrepancy in the Contract Documents unless
Contractor knew or reasonably should have known
thereof.
B. Resolving Discrepancies
1. Except as may be otherwise specifically stated
in the Contract Documents, the provisions of the Contract
Documents shall take precedence in resolving any
conflict, error. ambiguity, or discrepancy between the
provisions of the Contract Documents and:
a. the provisions of any standard, specification,
manual, code, or instruction (whether or not
specifically incorporated by reference in the
Contract Documents); or
2. No provIsIon of any such standard,
specification, manual or code, or any instruction of a b. the provisions of any Laws or Regulations
Supplier shall be effective to change the duties or applicable to the performance of the Work
EJCDC C- 700 Standard General Conditions of the Construction Contract.
Copyright <9 2002 National Society of Professional Engineers for EJCDC AU rights reserved.
00700 - 10
(unless such an interpretation of the provisions
of the Contract Documents would result in viola-
tion of such Law or Regulation).
3.04 Amending
Documents
and
Contract
Supplementing
A. The Contract Documents may be amended to
provide for additions, deletions, and revisions in the Work
or to modify the terms and conditions thereof by either a
Change Order or a Work Change Directive.
B. The requirements of the Contract Documents
may be supplemented, and minor variations and
deviations in the Work may be authorized, by one or more
of the following ways:
1. A Field Order;
2. Engineer's approval of a Shop Drawing or
Sample; (Subject to the provisions of Paragraph
6.17.D.3); or
3. Engineer's
clarification.
interpretation
or
written
3.05 Reuse of Documents
A. Contractor and any Subcontractor or Supplier
or other individual or entity performing or furnishing all
of the Work under a direct or indirect contract with
Contractor, shall not:
1. have or acquire any title to or ownership
rights in any of the Drawings, Specifications, or
other documents (or copies of any thereof) prepared by or
bearing the seal of Engineer or Engineer's consultants,
including electronic media editions; or
2. reuse any of such Drawings, Specifications,
other documents, or copies thereof on extensions
of the Project or any other project without written consent
of Owner and Engineer and specific written verification
or adaption by Engineer.
B. The prohibition of this Paragraph 3.05 will
survive final payment, or termination of the Contract.
Nothing herein shall preclude Contractor from retaining
copies of the Contract Documents for record purposes.
3.06 Electronic Data
A. Copies of data furnished by Owner or
Engineer to Contractor or Contractor to Owner or
Engineer that may be relied upon are limited to the
printed copies (also known as hard copies). Files in
electronic media format of text, data, graphics, or other
types are furnished only for the convenience of the
receiving party. Any conclusion or information obtained
or derived from such electronic files will be at the user's
sole risk. If there is a discrepancy between the electronic
files and the hard copies, the hard copies govern.
B. Because data stored in electronic media
format can deteriorate or be modified inadvertently or
otherwise without authorization of the data's creator, the
party receiving electronic files agrees that it will perform
acceptance tests or procedures within 60 days, after which
the receiving party shall be deemed to have accepted the
data thus transferred. Any errors detected within the 60-
day acceptance period will be corrected by the
transferring party..
C. When transferring documents in electronic
media format, the transferring party makes no
representations as to long t<;:rm compatibility, usability, or
readability of documents resulting from the use of
software application packages, operating systems, or
computer hardware differing from those used by the
data's creator.
ARTICLE 4 A V AILABILITY
SUBSURFACE AND PHYSICAL
HAZARDOUS ENVIRONMENT AL
REFERENCE POINTS
OF LANDS;
CONDITIONS;
CONDITIONS;
4.01 A vailability of Lands
A. Owner shall furnish the Site. Owner shall
notify Contractor of any encumbrances or restrictions not
of general application but specifically related to use of the
Site with which Contractor must comply in performing
the Work. Owner will obtain in a timely manner and pay
for easements for permanent structures or permanent
changes in existing facilities. If Contractor and Owner are
unable to agree on entitlement to or on the amount or
extent, if any, of any adjustment in the Contract Price or
Contract Times, or both, as a result of any delay in
Owner's furnishing the Site or a part thereof, Contractor
may make a Claim therefor as provided in Paragraph
10.05.
B. Upon reasonable written request. Owner shall
furnish Contractor with a current statement of record legal
title and legal description of the lands upon which the
Work is to be performed and Owner's interest therein as
necessary for giving notice of or filing a mechanic's or
construction lien against such lands in accordance with
applicable Laws and Regulations.
C. Contractor shall provide for all additional
lands and access thereto that may be required for
temporary construction facilities or storage of materials
and equipment.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <9 2002 National Society of Professional Engineers for EJCDC All rights reserved.
00700 . 11
4.02 Subslllface and Physical Conditions
A. Reports and Drmvings: The Supplementary
Conditions identify:
1. those reports of explorations and tests of
subsurface conditions at or contiguous to the Site that
Engineer has used in preparing the Contract Documents;
and
2. those drawings of physical conditions in or
relating to existing surface or subsurface structures at or
contiguous to the Site (except Underground Facilities)
that Engineer has used in preparing the Contract
Documents.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques,
sequences, and procedures of construction to be employed
by Contractor, and safety precautions and programs
incident thereto; or
2. other data, interpretations, Op1ll10nS, and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions, or information.
4.03
Differing Subslllface or Physical Conditions
A. Notice: If Contractor believes that any subsur-
face or physical condition at or contiguous to the Site that
is uncovered or revealed either:
1. is of such a nature as to establish that any
"technical data" on which Contractor is entitled to rely as
provided in Paragraph 4.02 is materially inaccurate; or
2. is of such a nature as to require a change in the
Contract Documents; or
3. differs materially from that shown or indicated
in the Contract Documents; or
4. is of an unusual nature, and differs materially
from conditions ordinarily encountered and generally
recognized as inherent in work of the character provided
for in the Contract Documents;
then Contractor shall, promptly after becoming aware
thereof and before further disturbing the subsurface or
physical conditions or performing any Work in connec-
tion therewith (except in an emergency as required by
Paragraph 6.16.A), notify Owner and Engineer in writing
about such condition. Contractor shall not further disturb
such condition or perform any Work in connection
therewith (except as aforesaid) until receipt of written
order to do so.
B. Engineer's Review: After receipt of written
notice as required by Paragraph 4.03.A, Engineer will
promptly review the pertinent condition, determine the
necessity of Owner's obtaining additional exploration or
tests with respect thereto, and advise Owner in writing
(with a copy to Contractor) of Engineer's findings and
conclusions.
C. Possible Price and Times Adjustments
1. The Contract Price or the Contract Times, or
both, will be equitably adjusted to the extent that the
existence of such differing subsurface or physical
condition causes an increase or decrease in Contractor's
cost of, or time required for, performance of the Work;
subject, however, to the following:
a. such condition must meet anyone or more of
the categories described in Paragraph 4.03.A;
and
b. with respect to Work that is paid for on a Unit
Price Basis, any adjustment in Contract Price
will be subject to the provisions of Paragraphs
9.07 and 11.03.
2. Contractor shall not be entitled to any
adjustment in the Contract Price or Contract Times if:
a. Contractor knew of the existence of such
conditions at the time Contractor made a final
commitment to Owner with respect to Contract
Price and Contract Times by the submission of a
Bid or becoming bound under a negotiated
contract; or
b. the existence of such condition could
reasonably have been discovered or revealed as a
result of any examination, investigation, explo-
ration, test, or study of the Site and contiguous
areas required by the Bidding Requirements or
Contract Documents to be conducted by or for
Contractor prior to Contractor's making such
final commitment; or
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c. Contractor failed to give the written notice as
required by Paragraph 4.03.A.
3. If Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times,
or both, a Claim may be made therefor as provided in
Paragraph 10.05. However, Owner and Engineer, and any
of their Related Entities shall not be liable to Contractor
for any claims, costs, losses, or damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
4.04 Underground Facilities
A. Shown or Indicated: The information and data
shown or indicated in the Contract Documents with
respect to existing Underground Facilities at or
contiguous to the Site is based on information and data
furnished to Owner or Engineer by the owners of such
Underground Facilities, including Owner, or by others.
Unless it is otherwise expressly provided in the Sup-
plementary Conditions:
1. Owner and Engineer shall not be responsible
for the accuracy or completeness of any such information
or data; and
2. the cost of all of the following will be
included in the Contract Price, and Contractor shall have
full responsibility for:
a. reviewing and checking all such information
and data,
b. locating all Underground Facilities shown or
indicated in the Contract Documents,
c. coordination of the Work with the owners of
such Underground Facilities, including Owner,
during construction, and
d. the safety and protection of all such Under-
ground Facilities and repairing any damage
thereto resulting from the Work.
B. Not Shmvn or Indicated
promptly review the Underground Facility and determine
the extent, if any, to which a change is required in the
Contract Documents to reflect and document the
consequences of the existence or location of the Under-
ground Facility. During such time. Contractor shall be
responsible for the safety and protection of such
Underground Facility.
2. If Engineer concludes that a change in the
Contract Documents is required, a Work Change
Directive or a Change Order will be issued to reflect and
document such consequences. An equitable adjustment
shall be made in the Contract Price or Contract Times, or
both, to the extent that they are attributable to the
existence or location of any Underground Facility that
was not shown or indicated or not shown or indicated
with reasonable accuracy in the Contract Documents and
that Contractor did not know of and could not reasonably
have been expected to be aware of or to have anticipated.
If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment in Contract Price or Contract Times,
Owner or Contractor may make a Claim therefor as
provided in Paragraph 10.05.
4.05 Reference Points
A. Owner shall provide engineering surveys to
establish reference points for construction which in
Engineer's judgment are necessary to enable Contractor
to proceed with the Work. Contractor shall be responsible
for laying out the Work, shall protect and preserve the
established reference points and property monuments, and
shall make no changes or relocations without the prior
written approval of Owner. Contractor shall report to
Engineer whenever any reference point or property
monument is lost or destroyed or requires relocation
because of necessary changes in grades or locations, and
shall be responsible for the accurate replacement or
relocation of such reference points or property
monuments by professionally qualified personnel.
4.06
Hazardous Environmental Condition at Site
A. Reports and Drawings: Reference is made to
the Supplementary Conditions for the identification of
those reports and drawings relating to a Hazardous
Environmental Condition identified at the Site, if any, that
have been utilized by the Engineer in the preparation of
the Contract Documents.
1. If an Underground Facility is uncovered or
revealed at or contiguous to the Site which was not shown
or indicated, or not shown or indicated with reasonable
accuracy in the Contract Documents, Contractor shall,
promptly after becoming aware thereof and before further
disturbing conditions affected thereby or performing any
Work in connection therewith (except in an emergency as
required by Paragraph 6.l6.A), identify the owner of such
Underground Facility and give written notice to that
owner and to Owner and Engineer. Engineer will
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC All rights reserved.
B. Limited Reliance by Contractor on Technical
Data Authorized: Contractor may rely upon the general
accuracy of the "technical data" contained in such reports
and drawings, but such reports and drawings are not
Contract Documents. Such "technical data" is identified
in the Supplementary Conditions. Except for such reliance
on such "technical data," Contractor may not rely upon or
make any claim against Owner or Engineer, or any of
their Related Entities with respect to:
1. the completeness of such reports and drawings
for Contractor's purposes, including, but not limited to,
any aspects of the means, methods, techniques, sequences
and procedures of construction to be employed by
Contractor and safety precautions and programs incident
thereto; or
2. other data, interpretations, opInIOns and
information contained in such reports or shown or
indicated in such drawings; or
3. any Contractor interpretation of or conclusion
drawn from any "technical data" or any such other data,
interpretations, opinions or information.
C. Contractor shall not be responsible for any
Hazardous Environmental Condition uncovered or re-
vealed at the Site which was not shown or indicated in
Drawings or Specifications or identified in the Contract
Documents to be within the scope of the Work.
Contractor shall be responsible for a Hazardous
Environmental Condition created with any materials
brought to the Site by Contractor, Subcontractors,
Suppliers, or anyone else for whom Contractor is
responsible.
D. If Contractor encounters a Hazardous
Environmental Condition or if Contractor or anyone for
whom Contractor is responsible creates a Hazardous
Environmental Condition, Contractor shall immediately:
(i) secure or otherwise isolate such condition; (ii) stop all
Work in connection with such condition and in any area
affected thereby (except in an emergency as, required by
Paragraph 6.16.A); and (iii) notify Owner and Engineer
(and promptly thereafter confirm such notice in writing).
Owner shall promptly consult with Engineer concerning
the necessity for Owner to retain a qualified expert to
evaluate such condition or take corrective action, if any.
E. Contractor shall not be required to resume
Work in connection with such condition or in any affected
area until after Owner has obtained any required permits
related thereto and delivered to Contractor written notice:
(i) specifying that such condition and any affected area is
or has been rendered safe for the resumption of Work; or
(ii) specifying any special conditions under which such
Work may be resumed safely. If Owner and Contractor
cannot agree as to entitlement to or on the amount or
extent, if any, of any adjustment in Contract Price or
Contract Times, or both, as a result of such Work stop-
page or such special conditions under which Work is
agreed to be resumed by Contractor, either party may
make a Claim therefor as provided in Paragraph 10.05.
entitlement to or on the amount or extent, if any, of an
adjustment in Contract Price or Contract Times as a result
of deleting such portion of the Work, then either party
may make a Claim therefor as provided in Paragraph
10.05. Owner may have such deleted portion of the Work
performed by Owner's own forces or others in accordance
with Article 7.
G. To the fullest extent permitted by Laws and
Regulations, Owner shall indemnify and hold harmless
Contractor, Subcontractors, and Engineer, and the
officers, directors, partners, employees, agents,
consultants, and subcontractors of each and any of them
from and against all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to a Hazardous
Environmental Condition, provided that such Hazardous
Environmental Condition: (i) was not shown or indicated
in the Drawings or Specifications or identified in the
Contract Documents to be included within the scope of
the Work, and (ii) was not created by Contractor or by
anyone for whom Contractor is responsible. Nothing in
this Paragraph 4.06. G shall obligate Owner to indemnify
any individual or entity from and against the conse-
quences of that individual's or entity's own negligence.
H. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants, and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to a Hazardous Environmental Condition
created by Contractor or by anyone for whom Contractor
is responsible. Nothing in this Paragraph 4.06.H shall
obligate Contractor to indemnify any individual or entity
from and against the consequences of that individual's or
entity's own negligence.
1. The provisions of Paragraphs 4.02, 4.03, and
4.04 do not apply to a Hazardous Environmental
Condition uncovered or revealed at the Site.
ARTICLE 5 - BONDS Al"1'D INSURANCE
5.01 Peiformance, Payment, and Other Bonds
F. If after receipt of such written notice A. Contractor shall furnish performance and
Contractor does not agree to resume such Work based on payment bonds, each in an amount at least equal to the
a reasonable belief it is unsafe, or does not agree to Contract Price as security for the faithful performance and
resume such Work under such special conditions, then payment of all of Contractor's obligations under the
Owner may order the portion of the Work that is in the Contract Documents. These bonds shall remain in effect
area affected by such condition to be deleted from the until one year after the date when final payment becomes
Work. If Owner and Contractor cannot agree as to due or until completion of the correction period specitied
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00700. 14
in Paragraph 13.07, whichever is later, except as provided
otherwise by Laws or Regulations or by the Contract
Documents. Contractor shall also furnish such other
bonds as are required by the Contract Documents.
B. All bonds shall be in the form prescribed by
the Contract Documents except as provided otherwise by
Laws or Regulations, and shall be executed by such
sureties as are named in the current list of "Companies
Holding Certificates of Authority as Acceptable Sureties
on Federal Bonds and as Acceptable Reinsuring Compa-
nies" as published in Circular 570 (amended) by the
Financial Management Service, Surety Bond Branch, U.S.
Department of the Treasury. All bonds signed by an agent
must be accompanied by a certified copy of the agent's
authority to act.
C. If the surety on any bond furnished by
Contractor is declared bankrupt or becomes insolvent or
its right to do business is terminated in any state where
any part of the Project is located or it ceases to meet the
requirements of Paragraph 5.01.B, Contractor shall
promptly notify Owner and Engineer and shall, within 20
days after the event giving rise to such notification,
provide another bond and surety, both of which shall
comply with the requirements of Paragraphs 5.01.B and
5.02.
5.02 Licensed Sureties and Insurers
A. All bonds and insurance required by the
Contract Documents to be purchased and maintained by
Owner or Contractor shall be obtained from surety or
insurance companies that are duly licensed or authorized
in the jurisdiction in which the Project is located to issue
bonds or insurance policies for the limits and coverages
so required. Such surety and insurance companies shall
also meet such additional requirements and qualifications
as may be provided in the Supplementary Conditions.
5.03
Certificates of Insurance
A. Contractor shall deliver to Owner, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Owner or any other additional
insured) which Contractor is required to purchase and
maintain.
B. Owner shall deliver to Contractor, with copies
to each additional insured identified in the Supplementary
Conditions, certificates of insurance (and other evidence
of insurance requested by Contractor or any other
additional insured) which Owner is required to purchase
and maintain.
5.04
Contractor's Liability Insurance
from claims set forth below which may arise out of or
result from Contractor's performance of the Work and
Contractor's other obligations under the Contract
Documents, whether it is to be performed by Contractor,
any Subcontractor or Supplier, or by anyone directly or
indirectly employed by any of them to perform any of the
Work, or by anyone for whose acts any of them may be
liable:
1. claims under workers' compensation,
disability benefits, and other similar employee benefit
acts;
2. claims for damages because of bodily injury,
occupational sickness or disease, or death of Contractor's
employees;
3. claims for damages because of bodily injury,
sickness or disease, or death of any person other than
Contractor's employees;
4. claims for damages insured by reasonably
available personal injury liability coverage which are sus-
tained:
a. by any person as a result of an offense directly
or indirectly related to the employment of such
person by Contractor, or
b. by any other person for any other reason;
5. claims for damages, other than to the Work
itself, because of injury to or destruction of tangible
property wherever located, including loss of use resulting
therefrom; and
6. claims for damages because of bodily injury or
death of any person or property damage arising out of the
ownership, maintenance or use of any motor vehicle.
B. The policies of insurance required by this
Paragraph 5.04 shall:
1. with respect to insurance required by
Paragraphs 5.04.A.3 through 5.04.A.6 inclusive, include
as additional insured (subject to any customary exclusion
regarding professional liability) Owner and Engineer, and
any other individuals or entities identified in the Supple-
mentary Conditions, all of \vhom shall be listed as addi-
tional insureds, and include coverage for the respective
officers. directors, partners, employees, agents,
consultants and subcontractors of each and any of all such
additional insureds, and the insurance afforded to these
additional insureds shall provide primary coverage for all
claims covered thereby;
2. include at least the specific coverages and be
written for not less than the limits of liability provided in
the Supplementary Conditions or required by Laws or
Regulations, whichever is greater;
A. Contractor shall purchase and maintain such
liability and other insurance as is appropriate for the
Work being performed and as will provide protection
EJCDC C-700 Standard General Conditions of the Construction Contract.
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3. include completed operations insurance;
4. include contractual
covering Contractor's indemnity
Paragraphs 6.11 and 6.20;
liability insurance
obligations under
5. contain a provIsion or endorsement that the
coverage afforded will not be canceled, materially
changed or renewal refused until at least 30 days prior
written notice has been given to Owner and Contractor
and to each other additional insured identified in the
Supplementary Conditions to whom a certificate of
insurance has been issued (and the certificates of
insurance furnished by the Contractor pursuant to
Paragraph 5.03 will so provide);
6. remain in effect at least until final payment
and at all times thereafter when Contractor may be
correcting, removing, or replacing defective Work in
accordance with Paragraph 13.07; and
7. with respect to completed operations insur-
ance, and any insurance coverage written on a claims-
made basis, remain in effect for at least two years after
final payment.
a. Contractor shall furnish Owner and each other
additional insured identified in the Supple-
mentary Conditions, to whom a certificate of
insurance has been issued, evidence satisfactory
to Owner and any such additional insured of
continuation of such insurance at final payment
and one year thereafter.
5.05 Owner's Liability Insurance
A In addition to the insurance required to be
provided by Contractor under Paragraph 5.04, Owner, at
Owner's option, may purchase and maintain at Owner's
expense Owner's own liability insurance as will protect
Owner against claims which may arise from operations
under the Contract Documents.
5.06 Property Insurance
A Unless otherwise provided in the Supple-
mentary Conditions, Owner shall purchase and maintain
property insurance upon the Work at the Site in the
amount of the full replacement cost thereof (subject to
such deductible amounts as may be provided in the
Supplementary Conditions or required by Laws and
Regulations). This insurance shall:
1. include the interests of Owner. Contractor,
Subcontractors, and Engineer. and any other individuals
or entities identified in the Supplementary Conditions,
and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them,
each of whom is deemed to have an insurable interest and
shall be listed as an insured or additional insured;
2. be written on a Builder's Risk "all-risk" or
open peril or special causes of loss policy form that shall
at least include insurance for physical loss or damage to
the Work, temporary buildings, false work, and materials
and equipment in transit, and shall insure against at least
the following perils or causes of loss: fire, lightning,
extended coverage, theft, vandalism and malicious
mischief, earthquake, collapse, debris removal,
demolition occasioned by enforcement of Laws and
Regulations, water damage, (other than caused by flood)
and such other perils or causes of loss as may be specifi-
cally required by the Supplementary Conditions;
3. include expenses incurred in the repair or
replacement of any insured property (including but not
limited to fees and charges of engineers and architects);
4. cover materials and equipment stored at the
Site or at another location that was agreed to in writing by
Owner prior to being incorporated in the Work, provided
that such materials and equipment have been included in
an Application for Payment recommended by Engineer;
5. allow for partial utilization of the Work by
Owner;
6. include testing and startup; and
7. be maintained in effect until final payment is
made unless otherwise agreed to in writing by Owner,
Contractor, and Engineer with 30 days written notice to
each other additional insured to whom a certificate of
insurance has been issued.
B. Owner shall purchase and maintain such
boiler and machinery insurance or additional property
insurance as may be required by the Supplementary
Conditions or Laws and Regulations which will include
the interests of Owner, Contractor, Subcontractors, and
Engineer, and any other individuals or entities identified
in the Supplementary Conditions, and the officers,
directors, partners, employees, agents, consultants and
subcontractors of each and any of them, each of whom is
deemed to have an insurable interest and shall be listed as
an insured or additional insured.
C. All the policies of insurance (and the certifi-
cates or other evidence thereof) required to be purchased
and maintained in accordance with Paragraph 5.06 will
contain a provision or endorsement that the coverage
afforded will not be canceled or materially changed or
renewal refused until at least 30 days prior written notice
has been given to Owner and Contractor and to each other
additional insured to whom a certificate of insurance has
been issued and will contain waiver provisions in accor-
dance with Paragraph 5.07.
D. Owner shall not be responsible for purchasing
and maintaining any property insurance specified in this
Paragraph 5.06 to protect the interests of Contractor,
Subcontractors, or others in the Work to the extent of any
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00700 - 16
deductible amounts that are identified in the Supple-
mentary Conditions. The risk of loss within such
identified deductible amount will be borne by Contractor,
Subcontractors, or others suffering any such loss, and if
any of them wishes property insurance coverage within
the limits of such amounts, each may purchase and
maintain it at the purchaser's own expense.
E. If Contractor requests in writing that other
special insurance be included in the property insurance
policies provided under Paragraph 5.06, Owner shall, if
possible, include such insurance, and the cost thereof will
be charged to Contractor by appropriate Change Order.
Prior to commencement of the Work at the Site, Owner
shall in writing advise Contractor whether or not such
other insurance has been procured by Owner.
5.07 T,Vaiver of Rights
A. Owner and Contractor intend that all policies
purchased in accordance with Paragraph 5.06 will protect
Owner, Contractor, Subcontractors, and Engineer, and all
other individuals or entities identified in the Supple-
mentary Conditions to be listed as insureds or additional
insureds (and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them) in such policies and will provide primary coverage
for all losses and damages caused by the perils or causes
of loss covered thereby. All such policies shall contain
provisions to the effect that in the event of payment of
any loss or damage the insurers will have no rights of
recovery against any of the insureds or additional insureds
thereunder. Owner and Contractor waive all rights against
each other and their respective officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them for all losses and
damages caused by, arising out of or resulting from any of
the perils or causes of loss covered by such policies and
any other property insurance applicable to the Work; and,
in addition, waive all such rights against Subcontractors,
and Engineer, and all other individuals or entities
identified in the Supplementary Conditions to be listed as
insured or additional insured (and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them) under such
policies for losses and damages so caused. None of the
above waivers shall extend to the rights that any party
making such waiver may have to the proceeds of
insurance held by Owner as trustee or otherwise payable
under any policy so issued.
B. Owner waives all rights against Contractor,
Subcontractors, and Engineer, and the officers, directors,
partners, employees. agents. consultants and
subcontractors of each and any of them for:
1. loss due to business interruption, loss of use,
or other consequential loss extending beyond direct
physical loss or damage to Owner's property or the Work
caused by, arising out of, or resulting from fire or other
perils whether or not insured by Owner; and
2. loss or damage to the completed Project or
part thereof caused by, arising out of, or resulting from
fire or other insured peril or cause of loss covered by any
property insurance maintained on the completed Project
or part thereof by Owner during partial utilization
pursuant to Paragraph 14.05, after Substantial Completion
pursuant to Paragraph 14.04, or after final payment
pursuant to Paragraph 14.07.
C. Any insurance policy maintained by Owner
covering any loss, damage or consequential loss referred
to in Paragraph 5.07.B shall contain provisions to the
effect that in the event of payment of any such loss,
damage, or consequential loss, the insurers will have no
rights of recovery against Contractor, Subcontractors, or
Engineer, and the officers, directors, partners, employees,
agents, consultants and subcontractors of each and any of
them.
5.08 Receipt and Application of Insurance Proceeds
A. Any insured loss under the policies of
insurance required by Paragraph 5.06 will be adjusted
with Owner and made payable to Owner as fiduciary for
the insureds, as their interests may appear, subject to the
requirements of any applicable mortgage clause and of
Paragraph 5.08.B. Owner shall deposit in a separate
account any money so received and shall distribute it in
accordance with such agreement as the parties in interest
may reach. If no other special agreement is reached, the
damaged Work shall be repaired or replaced, the moneys
so received applied on account thereof, and the Work and
the cost thereof covered by an appropriate Change Order.
B. Owner as fiduciary shall have power to adjust
and settle any loss with the insurers unless one of the
parties in interest shall object in writing within 15 days
after the occurrence of loss to Owner's exercise of this
power. If such objection be made, Owner as fiduciary
shall make settlement with the insurers in accordance with
such agreement as the parties in interest may reach. If no
such agreement among the parties in interest is reached,
Owner as fiduciary shall adjust and settle the loss with the
insurers and, if required in writing by any party in
interest, Owner as fiduciary shall give bond for the proper
performance of such duties.
5.09 Acceptance. of Bonds and Insurance; Option to
Replace
A. If either Owner or Contractor has any
objection to the coverage afforded by or other provisions
of the bonds or insurance required to be purchased and
maintained by the other party in accordance with Article 5
on the basis of non-conformance with the Contract
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00700 - 17
Documents, the objecting party shall so notify the other
party in writing within 10 days after receipt of the
certificates (or other evidence requested) required by
Paragraph 2.0 l.B. Owner and Contractor shall each
provide to the other such additional information in respect
of insurance provided as the other may reasonably
request. If either party does not purchase or maintain all
of the bonds and insurance required of such party by the
Contract Documents, such party shall notify the other
party in writing of such failure to purchase prior to the
start of the Work, or of such failure to maintain prior to
any change in the required coverage. Without prejudice to
any other right or remedy, the other party may elect to
obtain equivalent bonds or insurance to protect such other
party's interests at the expense of the party who was
required to provide such coverage, and a Change Order
shall be issued to adjust the Contract Price accordingly.
5.10 Partial Utilization, Acknowledgment of Property
Insurer
A. If Owner finds it necessary to occupy or use a
portion or portions of the Work prior to Substantial
Completion of all the Work as provided in Paragraph
14.05, no such use or occupancy shall commence before
the insurers providing the property insurance pursuant to
Paragraph 5.06 have acknowledged notice thereof and in
writing effected any changes in coverage necessitated
thereby. The insurers providing the property insurance
shall consent by endorsement on the policy or policies,
but the property insurance shall not be canceled or
permitted to lapse on account of any such partial use or
occupancy.
ARTICLE 6 - CONTRACTOR'S RESPONSIBILITIES
6.0 I Supervision and Superintendence
A. Contractor shall supervise, inspect, and direct
the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as
may be necessary to perform the Work in accordance with
the Contract Documents. Contractor shall be solely
responsible for the means, methods, techniques,
sequences, and procedures of construction. Contractor
shall not be responsible for the negligence of Owner or
Engineer in the design or specification of a specific
means, method, technique, sequence, or procedure of
construction which is shown or indicated in and expressly
required by the Contract Documents.
B. At all times during the progress of the Work,
Contractor shall assign a competent resident superin-
tendent who shall not be replaced without written notice
to Owner and Engineer except under extraordinary
circumstances. The superintendent will be Contractor's
representative at the Site and shall have authority to act on
behalf of Contractor. All communications given to or
received from the superintendent shall be binding on
Contractor.
6.02 Labor; Working Hours
A. Contractor shall provide competent, suitably
qualified personnel to survey and layout the Work and
perform construction as required by the Contract Docu-
ments. Contractor shall at all times maintain good disci-
pline and order at the Site.
B. Except as otherwise required for the safety or
protection of persons or the Work or property at the Site
or adjacent thereto, and except as otherwise stated in the
Contract Documents, all Work at the Site shall be
performed during regular working hours. Contractor will
not permit the performance of Work on a Saturday,
Sunday, or any legal holiday without Owner's written
consent (which will not be unreasonably withheld) given
after prior written notice to Engineer.
6.03 Services, J'vIaterials, and Equipment
A. Unless otherwise specified in the Contract
Documents, Contractor shall provide and assume full
responsibility for all services, materials, equipment, labor,
transportation, construction equipment and machinery,
tools, appliances, fuel, power, light, heat, telephone,
water, sanitary facilities, temporary facilities, and all other
facilities and incidentals necessary for the performance,
testing, start-up, and completion of the Work.
B. All materials and equipment incorporated into
the Work shall be as specified or, if not specified, shall be
of good quality and new, except as otherwise provided in
the Contract Documents. All special warranties and
guarantees required by the Specifications shall expressly
run to the benefit of Owner. If required by Engineer,
Contractor shall furnish satisfactory evidence (including
reports of required tests) as to the source, kind, and
quality of materials and equipment.
C. All materials and equipment shall be stored,
applied, installed, connected, erected, protected, used,
cleaned, and conditioned in accordance with instructions
of the applicable Supplier. except as otherwise may be
provided in the Contract Documents.
6.04 Progress Schedule
A. Contractor shall adhere to the Progress
Schedule established in accordance with Paragraph 2.07
as it may be adjusted from time to time as provided
below.
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1. Contractor shall submit to Engineer for
acceptance (to the extent indicated in Paragraph 2.07)
proposed adjustments in the Progress Schedule that will
not result in changing the Contract Times. Such adjust-
ments will comply with any provisions of the General Re-
quirements applicable thereto.
2) it will conform substantially to the
detailed requirements of the item named in the
Contract Documents.
2. Substitute Items
2. Proposed adjustments in the Progress
Schedule that will change the Contract Times shall be
submitted in accordance with the requirements of Article
12. Adjustments in Contract Times may only be made by
a Change Order.
a. If in Engineer's sole discretion an item of
material or equipment proposed by Contractor
does not qualify as an "or-equal" item under
Paragraph 6.05 .AI, it will be considered a
proposed substitute item.
6.05 Substitutes and" Or-Equals"
b. Contractor shall submit sufficient information
as provided below to allow Engineer to
determine that the item of material or equipment
proposed is essentially equivalent to that named
and an acceptable substitute therefor. Requests
for review of proposed substitute items of
material or equipment will not be accepted by
Engineer from anyone other than Contractor.
A Whenever an item of material or equipment is
specified or described in the Contract Documents by
using the name of a proprietary item or the name of a
particular Supplier, the specification or description is
intended to establish the type, function, appearance, and
quality required. Unless the specification or description
contains or is followed by words reading that no like,
equivalent, or "or-equal" item or no substitution is
permitted, other items of material or equipment or
material or equipment of other Suppliers may be
submitted to Engineer for review under the circumstances
described below.
c. The requirements for review by Engineer will
be as set forth in Paragraph 6.05.A2.d, as
supplemented in the General Requirements and
as Engineer may decide is appropriate under the
circumstances.
1. "Or-Equal" Items: If in Engineer's sole
discretion an item of material or equipment proposed by
Contractor is functionally equal to that named and
sufficiently similar so that no change in related Work will
be required, it may be considered by Engineer as an
"or-equal" item, in which case review and approval of the
proposed item may, in Engineer's sole discretion, be
accomplished without compliance with some or all of the
requirements for approval of proposed substitute items.
For the purposes of this Paragraph 6.05.AI, a proposed
item of material or equipment will be considered
functionally equal to an item so named if:
d. Contractor shall make written application to
Engineer for review of a proposed substitute item
of material or equipment that Contractor seeks to
furnish or use. The application:
1) shall certify that the proposed substi-
tute item will:
a) perform adequately the functions and
achieve the results called for by the
general design,
a. in the exercise of reasonable judgment
Engineer determines that:
b) be similar In substance to that
specified, and
1) it is at least equal in materials of
construction, quality, durability, appearance,
strength, and design characteristics;
c) be suited to the same use as that
specified;
2) will state:
2) it will reliably perform at least
equally well the function and achieve the results
imposed by the design concept of the completed
Project as a functioning whole,
a) the extent, if any, to which the use of
the proposed substitute item will preju-
dice Contractor's achievement of
Substantial Completion on time;
3) it has a proven record of performance
and availability of responsive service: and
b) whether or not use of the proposed
substitute item in the Work will require
a change in any of the Contract Docu-
ments (or in the provisions of any other
direct contract with Owner for other
work on the Project) to adapt the design
to the proposed substitute item; and
b. Contractor certifies that, if approved and
incorporated into the Work:
1) there will be no increase in cost to
the Owner or increase in Contract Times, and
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c) whether or not incorporation or use
of the proposed substitute item in con-
nection with the Work is subject to
payment of any license fee or royalty;
3) will identify:
a) all variations of the proposed
substitute item from that specified, and
b) available engineering, sales,
maintenance, repair, and replacement
services;
4) and shall contain an itemized esti-
mate of all costs or credits that will result
directly or indirectly from use of such substitute
item, including costs of redesign and claims of
other contractors affected by any resulting
change,
B. Substitute Construction Methods or Proce-
dures: If a specific means, method, technique, sequence,
or procedure of construction is expressly required by the
Contract Documents, Contractor may furnish or utilize a
substitute means, method, technique, sequence, or
procedure of construction approved by Engineer.
Contractor shall submit sufficient information to allow
Engineer, in Engineer's sole discretion, to determine that
the substitute proposed is equivalent to that expressly
called for by the Contract Documents. The requirements
for review by Engineer will be similar to those provided
in Paragraph 6.0S.A.2.
C. Engineer's Evaluation: Engineer will be
allowed a reasonable time within which to evaluate each
proposal or submittal made pursuant to Paragraphs 6.0S.A
and 6.0S.B. Engineer may require Contractor to furnish
additional data about the proposed substitute item.
Engineer will be the sole judge of acceptability. No "or
equal" or substitute will be ordered, installed or utilized
until Engineer's review is complete, which will be
evidenced by either a Change Order for a substitute or an
approved Shop Drawing for an "or equal." Engineer will
advise Contractor in writing of any negative
determination.
D. Special Guarantee: Owner may require
Contractor to furnish at Contractor's expense a special
performance guarantee or other surety with respect to any
substitute.
Documents (or in the provISions of any other direct
contract with Owner) resulting from the acceptance of
each proposed substitute.
F. Contractor's Expense: Contractor shall
provide all data in support of any proposed substitute or
"or-equal" at Contractor's expense.
6.06 Concerning Subcontractors, Suppliers, and
Others
A. Contractor shall not employ any Subcon-
tractor, Supplier, or other individual or entity (including
those acceptable to Owner as indicated in Paragraph
6.06.B), whether initially or as a replacement, against
whom Owner may have reasonable objection. Contractor
shall not be required to employ any Subcontractor,
Supplier, or other individual or entity to furnish or
perform any of the Work against whom Contractor has
reasonable objection.
B. If the Supplementary Conditions require the
identity of certain Subcontractors, Suppliers, or other
individuals or entities to be submitted to Owner in
advance for acceptance by Owner by a specified date
prior to the Effective Date of the Agreement, and if
Contractor has submitted a list thereof in accordance with
the Supplementary Conditions, Owner's acceptance
(either in writing or by failing to make written objection
thereto by the date indicated for acceptance or objection
in the Bidding Documents or the Contract Documents) of
any such Subcontractor, Supplier, or other individual or
entity so identified may be revoked on the basis of reason-
able objection after due investigation. Contractor shall
submit an acceptable replacement for the rejected
Subcontractor, Supplier, or other individual or entity, and
the Contract Price will be adjusted by the difference in the
cost occasioned by such replacement, and an appropriate
Change Order will be issued. No acceptance by Owner of
any such Subcontractor, Supplier, or other individual or
entity, whether initially or as a replacement, shall consti-
tute a waiver of any right of Owner or Engineer to reject
defective Work.
C. Contractor shall be fully responsible to Owner
and Engineer for all acts and omissions of the
Subcontractors, Suppliers, and other individuals or
entities performing or furnishing any of the Work just as
Contractor is responsible for Contractor's own acts and
omissions. Nothing in the Contract Documents:
1. shall create for the benefit of any such
Subcontractor, Supplier. or other individual or entity any
contractual relationship between Owner or Engineer and
any such Subcontractor, Supplier or other individual or
entity, nor
E. Engineer's Cost Reinzbursement: Engineer
will record Engineer's costs in evaluating a substitute
proposed or submitted by Contractor pursuant to
Paragraphs 6.0S.A.2 and 6.0S.B Whether or not Engineer
approves a substitute item so proposed or submitted by
Contractor. Contractor shall reimburse Owner for the 2. shall anything in the Contract Documents
charges of Engineer for evaluating each such proposed create any obligation on the part of Owner or
substitute. Contractor shall also reimburse Owner for the Engineer to payor to see to the payment of any moneys
charges of Engineer for making changes in the Contract due any such Subcontractor, Supplier, or other individual
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or entity except as may otherwise be required by Laws
and Regulations.
D. Contractor shall be solely responsible for
scheduling and coordinating the Work of Subcontractors,
Suppliers, and other individuals or entities performing or
furnishing any of the Work under a direct or indirect
contract with Contractor.
E. Contractor shall require all Subcontractors,
Suppliers, and such other individuals or entities per-
forming or furnishing any of the Work to communicate
with Engineer through Contractor.
F. The divisions and sections of the Specifica-
tions and the identifications of any Drawings shall not
control Contractor in dividing the Work among Subcon-
tractors or Suppliers or delineating the Work to be
performed by any specific trade.
G. All Work performed for Contractor by a
Subcontractor or Supplier will be pursuant to an appro-
priate agreement between Contractor and the
Subcontractor or Supplier which specifically binds the
Subcontractor or Supplier to the applicable terms and
conditions of the Contract Documents for the benefit of
Owner and Engineer. Whenever any such agreement is
with a Subcontractor or Supplier who is listed as an
additional insured on the property insurance provided in
Paragraph 5.06, the agreement between the Contractor
and the Subcontractor or Supplier will contain provisions
whereby the Subcontractor or Supplier waives all rights
against Owner, Contractor, and Engineer" and all other
individuals or entities identified in the Supplementary
Conditions to be listed as insureds or additional insureds
(and the officers, directors, partners, employees, agents,
consultants and subcontractors of each and any of them)
for all losses and damages caused by, arising out of,
relating to, or resulting from any of the perils or causes of
loss covered by such policies and any other property
insurance applicable to the Work. If the insurers on any
such policies require separate waiver forms to be signed
by any Subcontractor or Supplier, Contractor will obtain
the same.
6.07
Patent Fees and Royalties
A. Contractor shall pay all license fees and
royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work
of any invention, design, process, product or device
which is the subject of patent rights or copyrights held by
others. If a particular invention, design, process, product,
or device is specified in the Contract Documents for use
in the performance of the Work and if to the actual
knowledge of Owner or Engineer its use is subject to
patent rights or copyrights calling for the payment of any
license fee or royalty to others, the existence of such
rights shall be disclosed by Owner in the Contract
Documents.
B. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any infringement of patent rights or
copyrights incident to the use in the performance of the
Work or resulting from the incorporation in the Work of
any invention, design, process, product, or device not
specified in the Contract Documents.
6.08
Permits
A. Unless otherwise provided in the Supple-
mentary Conditions, Contractor shall obtain and pay for
all construction permits and licenses. Owner shall assist
Contractor, when necessary, in obtaining such permits
and licenses. Contractor shall pay all governmental
charges and inspection fees necessary for the prosecution
of the Work which are applicable at the time of opening
of Bids, or, if there are no Bids, on the Effective Date of
the Agreement. Owner shall pay all charges of utility
owners for connections for providing permanent service
to the Work.
6.09
Laws and Regulations
A. Contractor shall give all notices required by
and shall comply with all Laws and Regulations applica-
ble to the performance of the Work. Except where
otherwise expressly required by applicable Laws and
Regulations, neither Owner nor Engineer shall be
responsible for monitoring Contractor's compliance with
any Laws or Regulations.
B. If Contractor performs any Work knowing or
having reason to know that it is contrary to Laws or
Regulations, Contractor shall bear all claims, costs,
losses, and damages (including but not limited to all fees
and charges of engineers, architects. attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such Work.
However, it shall not be Contractor's primary
responsibility to make certain that the Specifications and
Drawings are in accordance with Laws and Regulations,
but this shall not relieve Contractor of Contractor's
obligations under Paragraph 3.03.
C. Changes in Laws or Regulations not known at
the time of opening of Bids (or, on the Effective Date of
the Agreement if there were no Bids) having an effect on
the cost or time of performance of the Work shall be the
subject of an adjustment in Contract Price or Contract
Times. If Owner and Contractor are unable to agree on
entitlement to or on the amount or extent, if any, of any
such adjustment, a Claim may be made therefor as
provided in Paragraph 10.05.
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6.10 Taxes
A. Contractor shall pay all sales, consumer, use,
and other similar taxes required to be paid by Contractor
in accordance with the Laws and Regulations of the place
of the Project which are applicable during the
performance of the Work.
6.11 Use of Site and Other Areas
A. Limitation on Use of Site and Other Areas
1. Contractor shall confine construction equip-
ment, the storage of materials and equipment, and the
operations of workers to the Site and other areas
permitted by Laws and Regulations, and shall not
unreasonably encumber the Site and other areas with
construction equipment or other materials or equipment.
Contractor shall assume full responsibility for any
damage to any such land or area, or to the owner or
occupant thereof, or of any adjacent land or areas
resulting from the performance of the Work.
2. Should any claim be made by any such owner
or occupant because of the performance of the Work,
Contractor shall promptly settle with such other party by
negotiation or otherwise resolve the claim by arbitration
or other dispute resolution proceeding or at law.
3. To the fullest extent permitted by Laws and
Regulations, Contractor shall indemnify and hold
harmless Owner and Engineer, and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to any claim or action, legal or equitable,
brought by any such owner or occupant against Owner,
Engineer, or any other party indemnified hereunder to the
extent caused by or based upon Contractor's performance
of the Work.
B. Removal of Debris During Pelformance of the
Work: During the progress of the Work Contractor shall
keep the Site and other areas free from accumulations of
waste materials, rubbish, and other debris. Removal and
disposal of such waste materials, rubbish, and other debris
shall conform to applicable Laws and Regulations.
C. Cleaning: Prior to Substantial Completion of
the Work Contractor shall clean the Site and the Work
and make it ready for utilization by Owner. At the com-
pletion of the Work Contractor shall remove from the Site
all tools, appliances, construction equipment and
machinery, and surplus materials and shall restore to
original condition all property not designated for
alteration by the Contract Documents.
D. Loading Structures: Contractor shall not load
nor permit any part of any structure to be loaded in any
manner that will endanger the structure, nor shall
Contractor subject any part of the Work or adjacent
property to stresses or pressures that will endanger it.
6.12 Record Documents
A. Contractor shall maintain in a safe place at the
Site one record copy of all Drawings, Specifications,
Addenda, Change Orders, Work Change Directives, Field
Orders, and written interpretations and clarifications in
good order and annotated to show changes made during
construction. These record documents together with all
approved Samples and a counterpart of all approved Shop
Drawings will be available to Engineer for reference.
Upon completion of the Work, these record documents,
Samples, and Shop Drawings will be delivered to Engi-
neer for Owner.
6.13 Safety and Protection
A. Contractor shall be solely responsible for
initiating, maintaining and supervising all safety precau-
tions and programs in connection with the Work.
Contractor shall take all necessary precautions for the
safety of, and shall provide the necessary protection to
prevent damage, injury or loss to:
1. all persons on the Site or who may be affected
by the Work;
2. all the Work and materials and equipment to
be incorporated therein, whether in storage on or off the
Site; and
3. other property at the Site or adjacent thereto,
including trees, shrubs, lawns, walks, pavements,
roadways, structures, utilities, and Underground Facilities
not designated for removal, relocation, or replacement in
the course of construction.
B. Contractor shall comply with all applicable
Laws and Regulations relating to the safety of persons or
property, or to the protection of persons or property from
damage, injury, or loss; and shall erect and maintain all
necessary safeguards for such safety and protection.
Contractor shall notify owners of adjacent property and of
Underground Facilities and other utility owners when
prosecution of the Work may affect them, and shall
cooperate with them in the protection, removal.
relocation, and replacement of their property.
C. All damage, injury, or loss to any property
referred to in Paragraph 6.13.A.2 or 6.13.A.3 caused,
directly or indirectly, in whole or in part by Contractor.
any Subcontractor, Supplier. or any other individual or
entity directly or indirectly employed by any of them to
perform any of the Work, or anyone for whose acts any of
them may be liable, shall be remedied by Contractor
(except damage or loss attributable to the fault of Draw-
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00700 . 22
ings or Specifications or to the acts or omissions of
Owner or Engineer or , or anyone employed by any of
them, or anyone for whose acts any of them may be
liable, and not attributable, directly or indirectly, in whole
or in part, to the fault or negligence of Contractor or any
Subcontractor, Supplier, or other individual or entity
directly or indirectly employed by any of them).
D. Contractor's duties and responsibilities for
safety and for protection of the Work shall continue until
such time as all the Work is completed and Engineer has
issued a notice to Owner and Contractor in accordance
with Paragraph 14.07.B that the Work is acceptable
(except as otherwise expressly provided in connection
with Substantial Completion).
6.14 Safety Representative
A. Contractor shall designate a qualified and
experienced safety representative at the Site whose duties
and responsibilities shall be the prevention of accidents
and the maintaining and supervising of safety precautions
and programs.
6.15 Hazard Communication Programs
A. Contractor shall be responsible for coordi-
nating any exchange of material safety data sheets or
other hazard communication information required to be
made available to or exchanged between or among
employers at the Site in accordance with Laws or
Regulations.
6.16
Emergencies
A. In emergencies affecting the safety or protec-
tion of persons or the Work or property at the Site or
adjacent thereto, Contractor is obligated to act to prevent
threatened damage, injury, or loss. Contractor shall give
Engineer prompt written notice if Contractor believes that
any significant changes in the Work or variations from the
Contract Documents have been caused thereby or are
required as a result thereof. If Engineer determines that a
change in the Contract Documents is required because of
the action taken by Contractor in response to such an
emergency, a Work Change Directive or Change Order
will be issued.
6.17 Shop Drawings and Samples
A. Contractor shall submit Shop Drawings and
Samples to Engineer for review and approval in accor-
dance with the acceptable Schedule of Submittals (as
required by Paragraph 2.07). Each submittal will be
identified as Engineer may require.
1. Shop Drawings
a. Submit number of copies specified In the
General Requirements.
b. Data shown on the Shop Drawings will be
complete with respect to quantities, dimensions,
specified performance and design criteria,
materials, and similar data to show Engineer the
services, materials, and equipment Contractor
proposes to provide and to enable Engineer to
review the information for the limited purposes
required by Paragraph 6.17.D.
2. Samples: Contractor shall also submit
Samples to Engineer for review and approval in accor-
dance with the acceptable schedule of Shop Drawings and
Sample submittals.
a. Submit number of Samples specified In the
Specifications.
b. Clearly identify each Sample as to material,
Supplier, pertinent data such as catalog numbers,
the use for which intended and other data as
Engineer may require to enable Engineer to
review the submittal for the limited purposes
required by Paragraph 6.17.D.
B. Where a Shop Drawing or Sample is required
by the Contract Documents or the Schedule of Submittals
, any related Work performed prior to Engineer's review
and approval of the pertinent submittal will be at the sole
expense and responsibility of Contractor.
C. Submittal Procedures
I. Before submitting each Shop Drawing or
Sample, Contractor shall have determined and verified:
a. all field measurements, quantities, dimensions,
specified performance and design criteria,
installation requirements, materials, catalog
numbers, and similar information with respect
thereto;
b. the suitability of all materials with respect to
intended use, fabrication. shipping, handling,
storage, assembly, and installation pertaining to
the performance of the Work;
c. all information relative to Contractor's
responsibilities for means, methods, techniques,
sequences, and procedures of construction, and
safety precautions and programs incident thereto;
and
d. shall also have reviewed and coordinated each
Shop Drawing or Sample with other Shop
Drawings and Samples and with the
requirements of the Work and the Contract
Documents.
2. Each submittal shall bear a stamp or specific
written certification that Contractor has satisfied
Contractor's obligations under the Contract Documents
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A. To the fullest extent permitted by Laws and
Regulations. Contractor shall indemnify and hold
harmless Owner and Engineer. and the officers, directors,
partners, employees, agents, consultants and
subcontractors of each and any of them from and against
all claims, costs, losses, and damages (including but not
A. Contractor shall carryon the Work and adhere limited to all fees and charges of engineers, architects,
Progress Schedule during all disputes or attorneys, and other professionals and all court or
EJCDC C- 700 Standard General Conditions of the Construction Contract.
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00700 - 24
with respect to Contractor's review and approval of that
submittal.
3. With each submittal, Contractor shall give
Engineer specific written notice of any variations, that the
Shop Drawing or Sample may have from the requirements
of the Contract Documents. This notice shall be both a
written communication separate from the Shop Drawing's
or Sample Submittal; and, in addition, by a specific
notation made on each Shop Drawing or Sample submit-
ted to Engineer for review and approval of each such
variation.
D. Engineer's Review
1. Engineer will provide timely review of Shop
Drawings and Samples in accordance with the Schedule
of Submittals acceptable to Engineer. Engineer's review
and approval will be only to determine if the items
covered by the submittals will, after installation or
incorporation in the Work, conform to the information
given in the Contract Documents and be compatible with
the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments.
2. Engineer's review and approval will not
extend to means, methods, techniques, sequences, or
procedures of construction (except where a particular
means, method, technique, sequence, or procedure of con-
struction is specifically and expressly called for by the
Contract Documents) or to safety precautions or programs
incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in
which the item functions.
3. Engineer's review and approval shall not
relieve Contractor from responsibility for any variation
from the requirements of the Contract Documents unless
Contractor has complied with the requirements of
Paragraph 6.17.C.3 and Engineer has given written
approval of each such variation by specific written
notation thereof incorporated in or accompanying the
Shop Drawing or Sample. Engineer's review and approval
shall not relieve Contractor from responsibility for
complying with the requirements of Paragraph 6.17 .c.l.
E. Resubmirtal Procedures
1. Contractor shall make corrections required by
Engineer and shall return the required number of cor-
rected copies of Shop Drawings and submit, as required,
new Samples for review and approval. Contractor shall
direct specific attention in writing to revisions other than
the corrections called for by Engineer on previous
submittals.
6.18
Continuing the Work
to
the
disagreements with Owner. No Work shall be delayed or
postponed pending resolution of any disputes or
disagreements, except as permitted by Paragraph 15.04 or
as Owner and Contractor may otherwise agree in writing.
6.19 Contractor's General Warrant)' and Guarantee
A. Contractor warrants and guarantees to Owner
that all Work will be in accordance with the Contract
Documents and will not be defective. Engineer and its
Related Entities shall be entitled to rely on representation
of Contractor's warranty and guarantee.
B. Contractor's warranty and guarantee
hereunder excludes defects or damage caused by:
1. abuse, moditication, or improper maintenance
or operation by persons other than Contractor, Sub-
contractors, Suppliers, or any other individual or entity for
whom Contractor is responsible; or
2. normal wear and tear under normal usage.
C. Contractor's obligation to perform and
complete the Work in accordance with the Contract
Documents shall be absolute. None of the following will
constitute an acceptance of\,V ork that is not in accordance
with the Contract Documents or a release of Contractor's
obligation to perform the Work in accordance with the
Contract Documents:
1. observations by Engineer;
2. recommendation by Engineer or payment by
Owner of any progress or final payment;
3. the issuance of a certificate of Substantial
Completion by Engineer or any payment related thereto
by Owner;
4. use or occupancy of the Work or any part
thereof by Owner;
5. any review and approval of a Shop Drawing or
Sample submittal or the issuance of a notice of acceptabil-
ity by Engineer;
6. any inspection, test, or approval by others; or
7. any correction of defective Work by Owner.
6.20
Indemnification
arbitration or other dispute resolution costs) arising out of
or relating to the performance of the Work, provided that
any such claim, cost, loss, or damage is attributable to
bodily injury, sickness, disease, or death, or to injury to or
destruction of tangible property (other than the Work
itself), including the loss of use resulting therefrom but
only to the extent caused by any negligent act or omission
of Contractor, any Subcontractor, any Supplier, or any
individual or entity directly or indirectly employed by any
of them to perform any of the Work or anyone for whose
acts any of them may be liable.
B. In any and all claims against Owner or
Engineer or any of their respective consultants, agents,
officers, directors, partners, or employees by any employ-
ee (or the survivor or personal representative of such
employee) of Contractor, any Subcontractor, any
Supplier, or any individual or entity directly or indirectly
employed by any of them to perform any of the Work, or
anyone for whose acts any of them may be liable, the
indemnification obligation under Paragraph 6.20.A shall
not be limited in any way by any limitation on the amount
or type of damages, compensation, or benefits payable by
or for Contractor or any such Subcontractor, Supplier, or
other individual or entity under workers' compensation
acts, disability benefit acts, or other employee benefit
acts.
C. The indemnification obligations of Contractor
under Paragraph 6.20.A shall not extend to the liability of
Engineer and Engineer's officers, directors, partners,
employees, agents, consultants and subcontractors arising
out of:
1. the preparation or approval of, or the failure to
prepare or approve, maps, Drawings, opinions, reports,
surveys, Change Orders, designs, or Specifications; or
2. giving directions or instructions, or failing to
give them, if that is the primary cause of the injury or
damage.
6.21
Delegation of Professional Design Services
A. Contractor will not be required to provide
professional design services unless such services are
specifically required by the Contract Documents for a
portion of the Work or unless such services are required
to carry out Contractor's responsibilities for construction
means, methods, techniques, sequences and procedures.
Contractor shall not be required to provide professional
services in violation of applicable law.
shall appear on all drawings, calculations, specifications,
certifications, Shop Drawings and other submittals
prepared by such professional. Shop Drawings and other
submittals related to the Work designed or certified by
such professional, if prepared by others, shall bear such
professional's written approval when submitted to
Engineer.
C. Owner and Engineer shall be entitled to rely
upon the adequacy, accuracy and completeness of the
services, certifications or approvals performed by such
design professionals, provided Owner and Engineer have
specified to Contractor all performance and design criteria
that such services must satisfy.
D. Pursuant to this Paragraph 6.21, Engineer's
review and approval of design calculations and design
drawings will be only for the limited purpose of checking
for conformance with performance and design criteria
given and the design concept expressed in the Contract
Documents. Engineer's review and approval of Shop
Drawings and other submittals (except design calculations
and design drawings) will be only for the purpose stated
in Paragraph 6.17 .D.l.
E. Contractor shall not be responsible for the
adequacy of the performance or design criteria required
by the Contract Documents.
ARTICLE 7 - OTHER WORK AT THE SITE
7.01 Related Work at Site
A. Owner may perform other work related to the
Project at the Site \vith Owner's employees, or via other
direct contracts therefor, or have other work performed by
utility owners. If such other work is not noted in the Con-
tract Documents, then:
1. written notice thereof will be given to
Contractor prior to starting any such other work; and
2. if Owner and Contractor are unable to agree
on entitlement to or on the amount or extent, if any, of
any adjustment in the Contract Price or Contract Times
that should be allowed as a result of such other work, a
Claim may be made therefor as provided in Paragraph
10.05.
B. Contractor shall afford each other contractor
who is a party to such a direct contract, each utility owner
B. If professional design services or and Owner. if Owner is performing other work with
certifications by a design professional related to systems. Owner's employees, proper and safe access to the Site, a
materials or equipment are specifically required of reasonable opportunity for the introduction and storage of
Contractor by the Contract Documents, Owner and materials and equipment and the execution of such other
Engineer will specify all performance and design criteria work, and shall properly coordinate the Work with theirs.
that such services must satisfy. Contractor shall cause Contractor shall do all cutting, fitting, and patching of the
such services or certifications to be provided by a Work that may be required to properly connect or
properly licensed professional. whose signature and seal otherwise make its several come and
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properly integrate with such other work. Contractor shall
not endanger any work of others by cutting, excavating,
or otherwise altering their work and will only cut or alter
their work with the written consent of Engineer and the
others whose work will be affected. The duties and
responsibilities of Contractor under this Paragraph are for
the benefit of such utility owners and other contractors to
the extent that there are comparable provisions for the
benefit of Contractor in said direct contracts between
Owner and such utility owners and other contractors.
C. If the proper execution or results of any part
of Contractor's Work depends upon work performed by
others under this Article 7, Contractor shall inspect such
other work and promptly report to Engineer in writing any
delays, defects, or deficiencies in such other work that
render it unavailable or unsuitable for the proper
execution and results of Contractor's Work. Contractor's
failure to so report will constitute an acceptance of such
other work as fit and proper for integration with
Contractor's Work except for latent defects and
deficiencies in such other work.
7.02 Coordination
A. If Owner intends to contract with others for
the performance of other work on the Project at the Site,
the following will be set forth in Supplementary Condi-
tions:
1. the individual or entity who will have
authority and responsibility for coordination of the
activities among the various contractors will be identified;
2. the specific matters to be covered by such
authority and responsibility will be itemized; and
3. the extent of such authority and responsibili-
ties will be provided.
B. Unless otherwise provided in the
Supplementary Conditions, Owner shall have sole
authority and responsibility for such coordination.
7.03
Legal Relationships
A. Paragraphs 7.01.A and 7.02 are not applicable
for utilities not under the control of Owner.
B. Each other direct contract of Owner under
Paragraph 7.0 I.A shall provide that the other contractor is
liable to Owner and Contractor for the reasonable direct
delay and disruption costs incurred by Contractor as a
result of the other contractor's actions or inactions.
C. Contractor shall be liable to Owner and any
other contractor for the reasonable direct delay and
disruption costs incurred by such other contractor as a
result of Contractor's action or inactions.
ARTICLE 8 - OWNER'S RESPONSIBILITIES
8.01 Communications to Contractor
A. Except as otherwise provided in these General
Conditions. Owner shall issue all communications to
Contractor through Engineer.
8.02 Replacement of Engineer
A. In case of termination of the employment of
Engineer, Owner shall appoint an engineer to whom
Contractor makes no reasonable objection, whose status
under the Contract Documents shaH be that of the former
Engineer.
8.03 Furnish Data
A. Owner shall promptly furnish the data
required of Owner under the Contract Documents.
8.04 Pay When Due
A. Owner shall make payments to Contractor
when they are due as provided in Paragraphs 14.02.C and
14.07.C.
8.05 wnds and Easements; Reports and Tests
A. Owner's duties in respect of providing lands
and easements and providing engineering surveys to
establish reference points are set forth in Paragraphs 4.01
and 4.05. Paragraph 4.02 refers to Owner's identifying
and making available to Contractor copies of reports of
explorations and tests of subsurface conditions and
drawings of physical conditions in or relating to existing
surface or subsurface structures at or contiguous to the
Site that have been utilized by Engineer in preparing the
Contract Documents.
8.06
Insurance
A. Owner's responsibilities, if any, in respect to
purchasing and maintaining liability and property insur-
ance are set forth in Article S.
8.07
Change Orders
A. Owner is obligated to execute Change Orders
as indicated in Paragraph 10.03.
8.08 Inspections, Tests, and Approvals
A. Owner's responsibility in respect to certain
inspections, tests, and approvals is set forth in Paragraph
13.03.B.
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8.09
Limitations on Owner's Responsibilities
A. The Owner shall not supervise, direct, or have
control or authority over, nor be responsible for,
Contractor's means, methods, techniques, sequences, or
procedures of construction, or the safety precautions and
programs incident thereto, or for any failure of Contractor
to comply with Laws and Regulations applicable to the
performance of the Work. Owner will not be responsible
for Contractor's failure to perform the Work in
accordance with the Contract Documents.
8.10 Undisclosed
Condition
Hazardous
Environmental
A. Owner's responsibility in respect to an undis-
closed Hazardous Environmental Condition is set forth in
Paragraph 4.06.
8.11 Evidence of Financial Arrangements
A. If and to the extent Owner has agreed to
furnish Contractor reasonable evidence that financial
arrangements have been made to satisfy Owner's
obligations under the Contract Documents, Owner's
responsibility in respect thereof will be as set forth in the
Supplementary Conditions.
ARTICLE 9 - ENGINEER'S STATUS DURING
CONSTRUCTION
9.01
Owner's Representative
A. Engineer will be Owner's representative
during the construction period. The duties and responsi-
bilities and the limitations of authority of Engineer as
Owner's representative during construction are set forth
in the Contract Documents and will not be changed
without written consent of Owner and Engineer.
9.02
Visits to Site
A. Engineer will make visits to the Site at inter-
vals appropriate to the various stages of construction as
Engineer deems necessary in order to observe as an
experienced and qualified design professional the
progress that has been made and the quality of the various
aspects of Contractor's executed Work. Based on
information obtained during such visits and observations,
Engineer, for the benefit of Owner, will determine, in
general, if the Work is proceeding in accordance with the
Contract Documents. Engineer will not be required to
make exhaustive or continuous inspections on the Site to
check the quality or quantity of the Work. Engineer's
efforts will be directed toward providing for Owner a
greater degree of confidence that the completed Work will
conform generally to the Contract Documents. On the
basis of such visits and observations, Engineer will keep
Owner informed of the progress of the Work and will
endeavor to guard Owner against defective Work.
B. Engineer's visits and observations are subject
to all the limitations on Engineer's authority and
responsibility set forth in Paragraph 9.09. Particularly, but
without limitation, during or as a result of Engineer's
visits or observations of Contractor's Work Engineer will
not supervise, direct, control, or have authority over or be
responsible for Contractor's means, methods, techniques,
sequences, or procedures of construction, or the safety
precautions and programs incident thereto, or for any
failure of Contractor to comply with Laws and
Regulations applicable to the performance of the Work.
9.03 Project Representative
A. If Owner and Engineer agree, Engineer will
furnish a Resident Project Representative to assist
Engineer in providing more extensive observation of the
Work. The authority and responsibilities of any such
Resident Project Representative and assistants will be as
provided in the Supplementary Conditions, and
limitations on the responsibilities thereof will be as
provided in Paragraph 9.09. If Owner designates another
representative or agent to represent Owner at the Site who
is not Engineer's consultant, agent or employee, the
responsibilities and authority and limitations thereon of
such other individual or entity will be as provided in the
Supplementary Conditions.
9.04 Authorized Variations in Work
A. Engineer may authorize minor variations in
the Work from the requirements of the Contract
Documents which do not involve an adjustment in the
Contract Price or the Contract Times and are compatible
with the design concept of the completed Project as a
functioning whole as indicated by the Contract Docu-
ments. These may be accomplished by a Field Order and
will be binding on Owner and also on Contractor, who
shall perform the Work involved promptly. If Owner or
Contractor believes that a Field Order justifies an
adjustment in the Contract Price or Contract Times, or
both, and the parties are unable to agree on entitlement to
or on the amount or extent if any, of any such adjustment
, a Claim may be made therefor as provided in Paragraph
10.05.
9.05
Rejecting Defective Work
A. Engineer will have authority to reject Work
which Engineer believes to be defective, or that Engineer
believes will not produce a completed Project that
conforms to the Contract Documents or that will prejudice
the integrity of the design concept of the completed
Project as a functioning whole as indicated by the
Contract Documents. Engineer will also have authority to
require special inspection or testing of the Work as
provided in Paragraph 13.04, whether or not the Work is
fabricated, installed, or completed.
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9.06
Shop Drmvings, Change Orders and Payments
A. In connection with Engineer's authority, and
limitations thereof, as to Shop Drawings and Samples, see
Paragraph 6.17.
B. In connection with Engineer's authority, and
limitations thereof, as to design calculations and design
drawings submitted in response to a delegation of
professional design services, if any, see Paragraph 6.21.
C. In connection with Engineer's authority as to
Change Orders, see Articles 10, 11, and 12.
D. In connection with Engineer's authority as to
Applications for Payment, see Article 14.
9.07 Determinations for Unit Price Work
A. Engineer will determine the actual quantities
and classifications of Unit Price Work performed by
Contractor. Engineer will review with Contractor the
Engineer's preliminary determinations on such matters
before rendering a written decision thereon (by
recommendation of an Application for Payment or
otherwise). Engineer's written decision thereon will be
final and binding (except as modified by Engineer to
reflect changed factual conditions or more accurate data)
upon Owner and Contractor, subject to the provisions of
Paragraph 10.05.
9.08 Decisions on Requirements of Contract
Documents and Acceptability of H'ork
A. Engineer will be the initial interpreter of the
requirements of the Contract Documents and judge of the
acceptability of the Work thereunder. All matters in
question and other matters between Owner and Contractor
arising prior to the date final payment is due relating to
the acceptability of the Work, and the interpretation of the
requirements of the Contract Documents pertaining to the
performance of the Work, will be referred initially to
Engineer in writing within 30 days of the event giving rise
to the question
B. Engineer will, with reasonable promptness,
render a written decision on the issue referred. If Owner
or Contractor believe that any such decision entitles them
to an adjustment in the Contract Price or Contract Times
or both, a Claim may be made under Paragraph 10.05.
The date of Engineer's decision shall be the date of the
event giving rise to the issues referenced for the purposes
of Paragraph 10.0S.B.
C. Engineer's written decision on the issue
referred will be final and binding on Owner and
Contractor, subject to the provisions of Paragraph 10.05.
partiality to Owner or Contractor and will not be liable in
connection with any interpretation or decision rendered in
good faith in such capacity.
9.09 Limitations on Engineer's Authority and
Responsibilities
A. Neither Engineer's authority or responsibility
under this Article 9 or under any other provision of the
Contract Documents nor any decision made by Engineer
in good faith either to exercise or not exercise such
authority or responsibility or the undertaking, exercise, or
performance of any authority or responsibility by
Engineer shall create, impose, or give rise to any duty in
contract, tort, or otherwise owed by Engineer to
Contractor, any Subcontractor, any Supplier. any other
individual or entity, or to any surety for or employee or
agent of any of them.
B. Engineer will not supervise, direct, control, or
have authority over or be responsible for Contractor's
means, methods, techniques, sequences, or procedures of
construction, or the safety precautions and programs
incident thereto, or for any failure of Contractor to
comply with Laws and Regulations applicable to the
performance of the Work. Engineer will not be respon-
sible for Contractor's failure to perform the Work in
accordance with the Contract Documents.
C. Engineer will not be responsible for the acts
or omissions of Contractor or of any Subcontractor, any
Supplier, or of any other individual or entity performing
any of the Work.
D. Engineer's review of the final Application for
Payment and accompanying documentation and all
maintenance and operating instructions, schedules,
guarantees, bonds, certificates of inspection, tests and
approvals, and other documentation required to be
delivered by Paragraph 14.07.A will only be to determine
generally that their content complies with the require-
ments of, and in the case of certificates of inspections,
tests, and approvals that the results certified indicate
compliance with the Contract Documents.
E. The limitations upon authority and responsi-
bility set forth in this Paragraph 9.09 shall also apply to,
the Resident Project Representative, if any, and assistants,
if any.
ARTICLE 10 - CHANGES IN THE WORK; CLAIMS
10.01 Authorized Changes in the Work
A. Without invalidating the Contract and without
notice to any surety, Owner may, at any time or from time
to time, order additions. deletions, or revisions in the
D. When functioning as interpreter and judge Work by a Change Order, or a Work Change Directive.
under this Paragraph 9.08, Engineer will not show Upon receipt of any such document. Contractor shall
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promptly proceed with the Work involved which will be
performed under the applicable conditions of the Contract
Documents (except as otherwise specifically provided).
B. If Owner and Contractor are unable to agree
on entitlement to, or on the amount or extent, if any, of an
adjustment in the Contract Price or Contract Times, or
both, that should be allowed as a result of a Work Change
Directive, a Claim may be made therefor as provided in
Paragraph 10.05.
10.02 Unauthorized Changes in the Work
AContractor shall not be entitled to an increase
In the Contract Price or an extension of the Contract
Times with respect to any work performed that is not
required by the Contract Documents as amended,
modified, or supplemented as provided in Paragraph 3.04,
except in the case of an emergency as provided in
Paragraph 6.16 or in the case of uncovering Work as
provided in Paragraph 13.04.B.
10.03 Execution of Change Orders
A Owner and Contractor shall execute appropri-
ate Change Orders recommended by Engineer covering:
l. changes in the Work which are: (i) ordered by
Owner pursuant to Paragraph 10.0l.A, (ii) required
because of acceptance of defective Work under Paragraph
13.0S.A or Owner's correction of defective Work under
Paragraph 13.09, or (iii) agreed to by the parties;
2. changes in the Contract Price or Contract
Times which are agreed to by the parties, including any
undisputed sum or amount of time for Work actually
performed in accordance with a Work Change Directive;
and
3. changes in the Contract Price or Contract
Times which embody the substance of any written
decision rendered by Engineer pursuant to Paragraph
10.05; provided that in lieu of executing any such
Change Order, an appeal may be taken from any such
decision in accordance with the provisions of the Contract
Documents and applicable Laws and Regulations, but
during any such appeal, Contractor shall carryon the
Work and adhere to the Progress Schedule as provided in
Paragraph 6.1S.A
10.04 Notification to Surety
A. If notice of any change affecting the general
scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price
or Contract Times) is required by the provisions of any
bond to be given to a surety, the giving of any such notice
will be Contractor's responsibility. The amount of each
applicable bond will be adjusted to reflect the effect of
any such change.
10.05 Claims
A Engineer's Decision Required: All Claims,
except those waived pursuant to Paragraph 14.09, shall be
referred to the Engineer for decision. A decision by
Engineer shall be required as a condition precedent to any
exercise by Owner or Contractor of any rights or remedies
either may otherwise have under the Contract Documents
or by Laws and Regulations in respect of such Claims.
B. Notice: Written notice stating the general
nature of each Claim, shall be delivered by the claimant to
Engineer and the other party to the Contract promptly (but
in no event later than 30 days) after the start of the event
giving rise thereto. The responsibility to substantiate a
Claim shall rest with the party making the Claim. Notice
of the amount or extent of the Claim, with supporting data
shall be delivered to the Engineer and the other party to
the Contract within 60 days after the start of such event
(unless Engineer allows additional time for claimant to
submit additional or more accurate data in support of such
Claim). A Claim for an adjustment in Contract Price shall
be prepared in accordance with the provisions of
Paragraph 12.0l.B. A Claim for an adjustment in Contract
Time shall be prepared in accordance with the provisions
of Paragraph 12.02.B. Each Claim shall be accompanied
by claimant's written statement that the adjustment
claimed is the entire adjustment to which the claimant
believes it is entitled as a result of said event The
opposing party shall submit any response to Engineer and
the claimant within 30 days after receipt of the claimant's
last submittal (unless Engineer allows additional time).
C. Engineer's Action: Engineer will review each
Claim and, within 30 days after receipt of the last
submittal of the claimant or the last submittal of the
opposing party, if any, take one of the following actions
in writing:
1. deny the Claim in whole or in part,
2. approve the Claim, or
3. notify the parties that the Engineer is unable to
resolve the Claim if, in the Engineer's sole discretion, it
would be inappropriate for the Engineer to do so. For
purposes of further resolution of the Claim, such notice
shall be deemed a denial.
D. In the event that Engineer does not take action
on a Claim within said 30 days, the Claim shall be
deemed denied.
E. Engineer's written action under Paragraph
1O.05.C or denial pursuant to Paragraphs 1O.05.C.3 or
10.05.D will be final and binding upon Owner and
Contractor, unless Owner or Contractor invoke the
dispute resolution procedure set forth in Article 16 within
30 days of such action or denial.
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F. No Claim for an adjustment in Contract Price
or Contract Times will be valid if not submitted in
accordance with this Paragraph 10.05.
ARTICLE 11 COST OF THE WORK;
ALLOW ANCES; UNIT PRICE WORK
11.01 Cost of the Work
A. Costs Included: The term Cost of the Work
means the sum of all costs, except those excluded in
Paragraph 11.01.B, necessarily incurred and paid by
Contractor in the proper performance of the Work. When
the value of any Work covered by a Change Order or
when a Claim for an adjustment in Contract Price is
determined on the basis of Cost of the Work, the costs to
be reimbursed to Contractor will be only those additional
or incremental costs required because of the change in the
Work or because of the event giving rise to the Claim.
Except as otherwise may be agreed to in writing by
Owner, such costs shall be in amounts no higher than
those prevailing in the locality of the Project, shall include
only the following items, and shall not include any of the
costs itemized in Paragraph 11.01.B.
1. Payroll costs for employees in the direct
employ of Contractor in the performance of the Work
under schedules of job classifications agreed upon by
Owner and Contractor. Such employees shall include,
without limitation, superintendents, foremen, and other
personnel employed full time at the Site. Payroll costs for
employees not employed full time on the Work shall be
apportioned on the basis of their time spent on the Work.
Payroll costs shall include, but not be limited to, salaries
and wages plus the cost of fringe benefits, which shall
include social security contributions, unemployment,
excise, and payroll taxes, workers' compensation, health
and retirement benefits, bonuses, sick leave, vacation and
holiday pay applicable thereto. The expenses of
performing Work outside of regular working hours, on
Saturday, Sunday, or legal holidays, shall be included in
the above to the extent authorized by Owner.
2. Cost of all materials and equipment furnished
and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers' field
services required in connection therewith. All cash
discounts shall accrue to Contractor unless Owner
deposits funds with Contractor with which to make pay-
ments, in which case the cash discounts shall accrue to
Owner. All trade discounts, rebates and refunds and
returns from sale of surplus materials and equipment shall
accrue to Owner, and Contractor shall make provisions so
that they may be obtained.
Contractor and shall deli ver such bids to Owner, who will
then determine, with the advice of Engineer, which bids,
if any, will be acceptable. If any subcontract provides that
the Subcontractor is to be paid on the basis of Cost of the
Work plus a fee, the Subcontractor's Cost of the Work
and fee shall be determined in the same manner as
Contractor's Cost of the Work and fee as provided in this
Paragraph 11.01.
4. Costs of special consultants (including but not
limited to Engineers, architects, testing laboratories,
surveyors, attorneys, and accountants) employed for
services specifically related to the Work.
5. Supplemental costs including the following:
a. The proportion of necessary transportation,
travel, and subsistence expenses of Contractor's
employees incurred in discharge of duties
connected with the Work.
b. Cost, including transportation and mainte-
nance, of all materials, supplies, equipment,
machinery, appliances, office, and temporary
facilities at the Site, and hand tools not owned by
the workers, which are consumed in the perfor-
mance of the Work, and cost, less market value,
of such items used but not consumed which
remain the property of Contractor.
c. Rentals of all construction equipment and
machinery, and the parts thereof whether rented
from Contractor or others in accordance with
rental agreements approved by Owner with the
advice of Engineer, and the costs of
transportation, loading, unloading, assembly,
dismantling, and removal thereof. All such costs
shall be in accordance with the terms of said
rental agreements. The rental of any such equip-
ment, machinery, or parts shall cease when the
use thereof is no longer necessary for the Work.
d. Sales, consumer, use, and other similar taxes
related to the Work, and for which Contractor is
liable, imposed by Laws and Regulations.
e. Deposits lost for causes other than negligence
of Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. and
royalty payments and fees for permits and
licenses.
f. Losses and damages (and related expenses)
caused by damage to the Work, not compensated
by insurance or otherwise, sustained by
Contractor in connection with the performance
3. Payments made by Contractor to of the Work (except losses and damages within
Subcontractors for Work performed by Subcontractors. If the deductible amounts of property insurance
required by Owner, Contractor shall obtain competitive established in accordance with Paragraph
bids from subcontractors acceptable to Owner and 5.06.D), provided such losses and damages have
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resulted from causes other than the negligence of
Contractor, any Subcontractor, or anyone
directly or indirectly employed by any of them or
for whose acts any of them may be liable. Such
losses shall include settlements made with the
written consent and approval of Owner. No such
losses, damages, and expenses shall be included
in the Cost of the Work for the purpose of
determining Contractor's fee.
g. The cost of utilities, fuel, and sanitary
facilities at the Site.
h. Minor expenses such as telegrams, long
distance telephone calls, telephone service at the
Site, expresses, and similar petty cash items in
connection with the Work.
i. The costs of premiums for all bonds and
insurance Contractor is required by the Contract
Documents to purchase and maintain.
B. Costs Excluded: The term Cost of the Work
shall not include any of the following items:
1. Payroll costs and other compensation of
Contractor's officers, executives, principals (of
partnerships and sole proprietorships), general managers,
safety managers, engineers, architects, estimators, attor-
neys, auditors, accountants, purchasing and contracting
agents, expediters, timekeepers, clerks, and other
personnel employed by Contractor, whether at the Site or
in Contractor's principal or branch office for general
administration of the Work and not specifically included
in the agreed upon schedule of job classifications referred
to in Paragraph 11.0 l.Al or specifically covered by
Paragraph 11.01.A4, all of which are to be considered
administrative costs covered by the Contractor's fee.
2. Expenses of Contractor's principal and branch
offices other than Contractor's office at the Site.
3. Any part of Contractor's capital expenses,
including interest on Contractor's capital employed for
the Work and charges against Contractor for delinquent
payments.
4. Costs due to the negligence of Contractor, any
Subcontractor, or anyone directly or indirectly employed
by any of them or for whose acts any of them may be
liable, including but not limited to, the correction of
defective Work, disposal of materials or equipment
wrongly supplied, and making good any damage to
property.
be determined as set forth in the Agreement. When the
value of any Work covered by a Change Order or when a
Claim for an adjustment in Contract Price is determined
on the basis of Cost of the Work, Contractor's fee shall be
determined as set forth in Paragraph 12.01.C.
D. Documentation: 'Whenever the Cost of the
Work for any purpose is to be determined pursuant to
Paragraphs 11.01.A and 11.0 LB, Contractor will establish
and maintain records thereof in accordance with generally
accepted accounting practices and submit in a form
acceptable to Engineer an itemized cost breakdown
together with supporting data.
11.02 Allowances
A It is understood that Contractor has included
in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered
to be performed for such sums and by such persons or
entities as may be acceptable to Owner and Engineer.
B. Cash Allowances
1. Contractor agrees that:
a. the cash allowances include the cost to
Contractor (less any applicable trade discounts)
of materials and equipment required by the
allowances to be delivered at the Site, and all
applicable taxes; and
b. Contractor's costs for unloading and handling
on the Site, labor, installation, overhead, profit,
and other expenses contemplated for the cash
allowances have been included in the Contract
Price and not in the allowances, and no demand
for additional payment on account of any of the
foregoing will be valid.
C. Contingency Allowance
1. Contractor agrees that a contingency
allowance, if any, is for the sole use of Owner to cover
unanticipated costs.
D. Prior to final payment, an appropriate Change
Order will be issued as recommended by Engineer to
reflect actual amounts due Contractor on account of Work
covered by allowances, and the Contract Price shall be
correspondingly adjusted.
1 L03 Unit Price Work
A Where the Contract Documents provide that
all or part of the Work is to be Unit Price Work, initially
the Contract Price will be deemed to include for all Unit
Price Work an amount equal to the sum of the unit price
for each separately identified item of Unit Price Work
C. Contractor's Fee: When all the Work is times the estimated quantity of each item as indicated in
performed on the basis of cost-plus, Contractor's fee shall the Agreement.
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S. Other overhead or general expense costs of
any kind and the costs of any item not specifically and
expressly included in Paragraphs 1 LOLA and I LOLB.
B. The estimated quantIties of items of Unit
Price Work are .lot guaranteed and are solely for the
purpose of comparison of Bids and determining an initial
Contract Price. Determinations of the actual quantities
and classifications of Unit Price Work performed by
Contractor will be made by Engineer subject to the
provisions of Paragraph 9.07.
C Each unit price will be deemed to include an
amount considered by Contractor to be adequate to cover
Contractor's overhead and profit for each separately
identified item.
D. Owner or Contractor may make a Claim for
an adjustment in the Contract Price in accordance with
Paragraph 10.05 if:
1. the quantity of any item of Unit Price Work
performed by Contractor differs materially and signifi-
cantly from the estimated quantity of such item indicated
in the Agreement; and
2. there is no corresponding adjustment with
respect any other item of Work; and
3. Contractor believes that Contractor is entitled
to an increase in Contract Price as a result of having
incurred additional expense or Owner believes that Owner
is entitled to a decrease in Contract Price and the parties
are unable to agree as to the amount of any such increase
or decrease.
ARTICLE 12 - CHANGE OF CONTRACT PRICE;
CHANGE OF CONTRACT TIMES
12.01 Change of Contract Price
A The Contract Price may only be changed by a
Change Order. Any Claim for an adjustment in the
Contract Price shall be based on written notice submitted
by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. The value of any Work covered by a Change
Order or of any Claim for an adjustment in the Contract
Price will be determined as follows:
1. where the Work involved is covered by unit
prices contained in the Contract Documents, by applica-
tion of such unit prices to the quantities of the items
involved (subject to the provisions of Paragraph 11.03):
or
2. where the Work involved is not covered by
unit prices contained in the Contract Documents, by a
mutually agreed lump sum (which may include an
allowance for overhead and profit not necessarily 1il
accordance with Paragraph 12.01.C2); or
3. where the Work involved is not covered by
unit prices contained in the Contract Documents and
agreement to a lump sum is not reached under Paragraph
12.01.B.2, on the basis of the Cost of the Work
(determined as provided in Paragraph 11.01) plus a
Contractor's fee for overhead and profit (determined as
provided in Paragraph 12.0 l.C).
C Contractor's Fee: The Contractor's fee for
overhead and profit shall be determined as follows:
1. a mutually acceptable fixed fee; or
2. if a fixed fee is not agreed upon, then a fee
based on the following percentages of the various portions
of the Cost of the Work:
a. for costs incurred under Paragraphs 11.01.A.l
and 11.01.A2, the Contractor's fee shall be 15
percent;
b. for costs incurred under Paragraph 11.0 LA. 3 ,
the Contractor's fee shall be five percent;
c. where one or more tiers of subcontracts are on
the basis of Cost of the Work plus a fee and no
fixed fee is agreed upon, the intent of Paragraph
12.01.C2.a is that the Subcontractor who
actually performs the Work, at whatever tier, will
be paid a fee of 15 percent of the costs incurred
by such Subcontractor under Paragraphs
11.01.Al and 11.01.A.2 and that any higher tier
Subcontractor and Contractor will each be paid a
fee of five percent of the amount paid to the next
lower tier Subcontractor;
d. no fee shall be payable on the basis of costs
itemized under Paragraphs 11.01.A4, 11.0 l.A.5,
and 11.0 1.B;
e. the amount of credit to be allowed by
Contractor to Owner for any change which
results in a net decrease in cost will be the
amount of the actual net decrease in cost plus a
deduction in Contractor's fee by an amount equal
to five percent of such net decrease; and
f. when both additions and credits are involved
in anyone change. the adjustment in
Contractor's fee shall be computed on the basis
of the net change in accordance with Paragraphs
12.01.C2.a through 12.01.C2.e, inclusive.
12.02
Change of Contract Times
A. The Contract Times may only be changed by
a Change Order. Any Claim for an adjustment in the
Contract Times shall be based on written notice submitted
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by the party making the Claim to the Engineer and the
other party to the Contract in accordance with the
provisions of Paragraph 10.05.
B. Any adjustment of the Contract Times
covered by a Change Order or any Claim for an
adjustment in the Contract Times will be determined in
accordance with the provisions of this Article 12.
12.03 Delays
A. Where Contractor is prevented from
completing any part of the Work within the Contract
Times due to delay beyond the control of Contractor, the
Contract Times will be extended in an amount equal to
the time lost due to such delay if a Claim is made therefor
as provided in Paragraph 12.02.A. Delays beyond the
control of Contractor shall include, but not be limited to,
acts or neglect by Owner, acts or neglect of utility owners
or other contractors performing other work as contemplat-
ed by Article 7, fires, floods, epidemics, abnormal
weather conditions, or acts of God.
B. If Owner, Engineer, or other contractors or
utility owners performing other work for Owner as
contemplated by Article 7, or anyone for whom Owner is
responsible, delays, disrupts, or interferes with the
performance or progress of the Work, then Contractor
shall be entitled to an equitable adjustment in the Contract
Price or the Contract Times , or both. Contractor's
entitlement to an adjustment of the Contract Times is
conditioned on such adjustment being essential to
Contractor's ability to complete the Work within the
Contract Times.
C If Contractor is delayed in the performance or
progress of the Work by fire, flood, epidemic, abnormal
weather conditions, acts of God, acts or failures to act of
utility owners not under the control of Owner, or other
causes not the fault of and beyond control of Owner and
Contractor, then Contractor shall be entitled to an
equitable adjustment in Contract Times, if such
adjustment is essential to Contractor's ability to complete
the Work within the Contract Times. Such an adjustment
shall be Contractor's sole and exclusive remedy for the
delays described in this Paragraph 12.03.C.
D. Owner, Engineer and the Related Entities of
each of them shall not be liable to Contractor for any
claims, costs, losses, or damages (including but not
limited to all fees and charges of Engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) sustained by
Contractor on or in connection with any other project or
anticipated project.
ARTICLE 13 TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF
DEFECTIVE WORK
13.01 Notice of Defects
A. Prompt notice of all defective Work of which
Owner or Engineer has actual knowledge will be given to
Contractor. All defective Work may be rejected,
corrected, or accepted as provided in this Article 13.
13.02 Access to Work
A. Owner, Engineer, their consultants and other
representatives and personnel of Owner, independent
testing laboratories, and governmental agencies with
jurisdictional interests will have access to the Site and the
Work at reasonable times for their observation,
inspecting, and testing. Contractor shall provide them
proper and safe conditions for such access and advise
them of Contractor's Site safety procedures and programs
so that they may comply therewith as applicable.
13.03 Tests and Inspections
A. Contractor shall give Engineer timely notice
of readiness of the Work for all required inspections,
tests, or approvals and shall cooperate with inspection and
testing personnel to facilitate required inspections or tests.
B. Owner shall employ and pay for the services
of an independent testing laboratory to perform all
inspections, tests, or approvals required by the Contract
Documents except:
1. for inspections, tests, or approvals covered by
Paragraphs 13.03.C and 13.03.D below;
2. that costs incurred in connection with tests or
inspections conducted pursuant to Paragraph 13.04.B
shall be paid as provided in said Paragraph 13.04.C; and
3. as otherwise specifically provided in the Con-
tract Documents.
C. If Laws or Regulations of any public body
having jurisdiction require any Work (or part thereof)
specifically to be inspected, tested, or approved by an
employee or other representative of such public body,
Contractor shall assume full responsibility for arranging
and obtaining such inspections, tests, or approvals, pay all
costs in connection therewith, and furnish Engineer the
required certificates of inspection or approval.
E. Contractor shall not be entitled to an
adjustment in Contract Price or Contract Times for delays D. Contractor shall be responsible for arranging
within the control of Contractor. Delays attributable to and obtaining and shall pay all costs in connection with
and within the control of a Subcontractor or Supplier shall any inspections, tests, or approvals required for Owner's
be deemed to be delays within the control of Contractor. and Engineer's acceptance of materials or equipment to
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be incorporated in the Work; or acceptance of materials,
mix designs, or equipment submitted for approval prior to
Contractor's purchase thereof for incorporation in the
Work. Such inspections, tests, or approvals shall be
performed by organizations acceptable to Owner and
Engineer.
E. If any Work (or the work of others) that is to
be inspected, tested, or approved is covered by Contractor
without written concurrence of Engineer, it must, if
requested by Engineer, be uncovered for observation.
F. Uncovering Work as provided in Paragraph
13.03.E shall be at Contractor's expense unless
Contractor has given Engineer timely notice of
Contractor's intention to cover the same and Engineer has
not acted with reasonable promptness in response to such
notice.
13.04 Uncovering Work
A. If any Work is covered contrary to the written
request of Engineer, it must, if requested by Engineer, be
uncovered for Engineer's observation and replaced at
Contractor's expense.
B. If Engineer considers it necessary or advisable
that covered Work be observed by Engineer or inspected
or tested by others, Contractor, at Engineer's request,
shall uncover, expose, or otherwise make available for
observation, inspection, or testing as Engineer may
require, that portion of the Work in question, furnishing
all necessary labor, material, and equipment.
C. If it is found that the uncovered Work is
defective, Contractor shall pay all claims, costs, losses,
and damages (including but not limited to all fees and
charges of engineers, architects, attorneys, and other
professionals and all court or arbitration or other dispute
resolution costs) arising out of or relating to such
uncovering, exposure, observation, inspection, and
testing, and of satisfactory replacement or reconstruction
(including but not limited to all costs of repair or
replacement of work of others); and Owner shall be
entitled to an appropriate decrease in the Contract Price. If
the parties are unable to agree as to the amount thereof,
Owner may make a Claim therefor as provided in
Paragraph 10.05.
D. If, the uncovered Work is not found to be
defective, Contractor shall be allowed an increase in the
Contract Price or an extension of the Contract Times, or
both, directly attributable to such uncovering, exposure,
observation, inspection, testing, replacement. and
reconstruction. If the parties are unable to agree as to the
amount or extent thereof, Contractor may make a Claim
therefor as provided in Paragraph 10.05.
13.05 Olvner jvlay Stop the Work
A. If the Work is defective, or Contractor fails to
supply sufficient skilled workers or suitable materials or
equipment, or fails to perform the Work in such a way
that the completed Work will conform to the Contract
Documents, Owner may order Contractor to stop the
Work, or any portion thereof, until the cause for such
order has been eliminated; however, this right of Owner
to stop the Work shall not gi ve rise to any duty on the part
of Owner to exercise this right for the benefit of
Contractor. any Subcontractor, any Supplier, any other
individual or entity, or any surety for, or employee or
agent of any of them.
13.06 Correction or Removal of Defective Work
A. Promptly after receipt of notice, Contractor
shall correct all defective Work, whether or not
fabricated, installed, or completed, or, if the Work has
been rejected by Engineer, remove it from the Project and
replace it with Work that is not defective. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) arising out of
or relating to such correction or removal (including but
not limited to all costs of repair or replacement of work of
others).
B. When correcting defective Work under the
terms of this Paragraph 13.06 or Paragraph 13.07,
Contractor shall take no action that would void or
otherwise impair Owner's special warranty and guarantee,
if any, on said Work.
13.07 Correction Period
A. If within one year after the date of Substantial
Completion (or such longer period of time as may be
prescribed by the terms of any applicable special
guarantee required by the Contract Documents) or by any
specific provision of the Contract Documents, any Work
is found to be defective, or if the repair of any damages to
the land or areas made available for Contractor's use by
Owner or permitted by Laws and Regulations as
contemplated in Paragraph 6.11.A is found to be
defective. Contractor shall promptly, without cost to
Owner and m accordance with Owner's written
instructions:
1. repair such defective land or areas; or
2. correct such defective Work; or
3. if the defective Work has been rejected by
Owner. remove it from the Project and replace it with
Work that is not defective, and
4. satisfactorily correct or repair or remove and
replace any damage to other Work, to the work of others
or other land or areas resulting therefrom.
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B. If Contractor does not promptly comply with
the terms of Owner's written instructions, or in an
emergency where delay would cause serious risk of loss
or damage, Owner may have the defective Work
corrected or repaired or may have the rejected Work re-
moved and replaced. All claims, costs, losses, and
damages (including but not limited to all fees and charges
of engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) arising out of or relating to such correction or repair
or such removal and replacement (including but not
limited to all costs of repair or replacement of work of
others) will be paid by Contractor.
C. In special circumstances where a particular
item of equipment is placed in continuous service before
Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if
so provided in the Specifications.
D. Where defective Work (and damage to other
Work resulting therefrom) has been corrected or removed
and replaced under this Paragraph 13.07, the correction
period hereunder with respect to such Work will be
extended for an additional period of one year after such
correction or removal and replacement has been
satisfactorily completed.
E. Contractor's obligations under this Paragraph
13.07 are in addition to any other obligation or warranty.
The provisions of this Paragraph 13.07 shall not be
construed as a substitute for or a waiver of the provisions
of any applicable statute of limitation or repose.
13.b8 Acceptance of Defective Work
A. If, instead of requiring correction or removal
and replacement of defective Work, Owner (and, prior to
Engineer's recommendation of final payment, Engineer)
prefers to accept it, Owner may do so. Contractor shall
pay all claims, costs, losses, and damages (including but
not limited to all fees and charges of engineers, architects,
attorneys, and other professionals and all court or
arbitration or other dispute resolution costs) attributable to
Owner's evaluation of and determination to accept such
defective Work (such costs to be approved by Engineer as
to reasonableness) and the diminished value of the Work
to the extent not otherwise paid by Contractor pursuant to
this sentence. If any such acceptance occurs prior to
Engineer's recommendation of final payment, a Change
Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work, and
Owner shall be entitled to an appropriate decrease in the
Contract Price. reflecting the diminished value of Work
so accepted. If the parties are unable to agree as to the
amount thereof, Owner may make a Claim therefor as
provided in Paragraph 10.0S. If the acceptance occurs
after such recommendation, an appropriate amount will be
paid by Contractor to Owner.
13.09 Owner lvJay Correct Defective Work
A. If Contractor fails within a reasonable time
after written notice from Engineer to correct defective
Work or to remove and replace rejected Work as required
by Engineer in accordance with Paragraph 13.06.A, or if
Contractor fails to perform the Work in accordance with
the Contract Documents, or if Contractor fails to comply
with any other provision of the Contract Documents,
Owner may, after seven days written notice to Contractor,
correct or remedy any such deficiency.
B. In exercising the rights and remedies under
this Paragraph 13.09, Owner shall proceed expeditiously.
In connection with such corrective or remedial action,
Owner may exclude Contractor from all or part of the
Site, take possession of all or part of the Work and
suspend Contractor's services related thereto, take posses-
sion of Contractor's tools, appliances, construction
equipment and machinery at the Site, and incorporate in
the Work all materials and equipment stored at the Site or
for which Owner has paid Contractor but which are stored
elsewhere. Contractor shall allow Owner, Owner's
representatives, agents and employees, Owner's other
contractors, and Engineer and Engineer's consultants
access to the Site to enable Owner to exercise the rights
and remedies under this Paragraph.
C. All claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred or sustained by Owner in exercising the
rights and remedies under this Paragraph 13.09 will be
charged against Contractor, and a Change Order will be
issued incorporating the necessary revisions in the
Contract Documents with respect to the Work; and Owner
shall be entitled to an appropriate decrease in the Contract
Price. If the parties are unable to agree as to the amount of
the adjustment, Owner may make a Claim therefor as
provided in Paragraph 10.05. Such claims, costs, losses
and damages will include but not be limited to all costs of
repair, or replacement of work of others destroyed or
damaged by correction, removal, or replacement of
Contractor's defective Work.
D. Contractor shall not be allowed an extension
of the Contract Times because of any delay in the
performance of the Work attributable to the exercise by
Owner of Owner's rights and remedies under this
Paragraph 13.09.
ARTICLE 14 - PAYMENTS TO CONTRACTOR At"l'D
CO.tvIPLETION
14.01 Schedule of Values
A. The Schedule of Values established as provid-
ed in Paragraph 2.07.A will serve as the basis for progress
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00700 . 35
payments and will be incorporated into a form of Applica-
tion for Payment acceptable to Engineer. Progress
payments on account of Unit Price Work will be based on
the number of units completed.
14.02 Progress Payments
A. Applications for Payments
1. At least 20 days before the date established in
the Agreement for each progress payment (but not more
often than once a month), Contractor shall submit to
Engineer for review an Application for Payment filled out
and signed by Contractor covering the Work completed as
of the date of the Application and accompanied by such
supporting documentation as is required by the Contract
Documents. If payment is requested on the basis of
materials and equipment not incorporated in the Work but
delivered and suitably stored at the Site or at another
location agreed to in writing, the Application for Payment
shall also be accompanied by a bill of sale, invoice, or
other documentation warranting that Owner has received
the materials and equipment free and clear of all Liens
and evidence that the materials and equipment are
covered by appropriate property insurance or other
arrangements to protect Owner's interest therein, all of
which must be satisfactory to Owner.
2. Beginning with the second Application for
Payment, each Application shall include an affidavit of
Contractor stating that all previous progress payments
received on account of the Work have been applied on
account to discharge Contractor's legitimate obligations
associated with prior Applications for Payment.
3. The amount of retainage with respect to
progress payments will be as stipulated in the Agreement.
B. RevierI' of ApplicatiollS
1. Engineer will, within 10 days after receipt of
each Application for Payment, either indicate in writing a
recommendation of payment and present the Application
to Owner or return the Application to Contractor
indicating in writing Engineer's reasons for refusing to
recommend payment. In the latter case, Contractor may
make the necessary corrections and resubmit the
Application.
2. Engineer's recommendation of any payment
requested in an Application for Payment will constitute a
representation by Engineer to Owner, based on Engineer's
observations on the Site of the executed Work as an
experienced and qualified design professional and on
Engineer's review of the Application for Payment and the
accompanying data and schedules, that to the best of
Engineer's knowledge, information and belief:
b. the quality of the Work is generally in accor-
dance with the Contract Documents (subject to
an evaluation of the Work as a functioning whole
prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the
Contract Documents, to a final determination of
quantities and classifications for Unit Price Work
under Paragraph 9.07, and to any other
qualifications stated in the recommendation); and
c. the conditions precedent to Contractor's being
entitled to such payment appear to have been
fulfilled in so far as it is Engineer's
responsibility to observe the Work.
3. By recommending any such payment Engineer
will not thereby be deemed to have represented that:
a. inspections made to check the quality or the
quantity of the Work as it has been performed
have been exhaustive, extended to every aspect
of the Work in progress, or involved detailed
inspections of the Work beyond the responsi-
bilities specifically assigned to Engineer in the
Contract Documents; or
b. that there may not be other matters or issues
bet\veen the parties that might entitle Contractor
to be paid additionally by Owner or entitle
Owner to \vithhold payment to Contractor.
4. Neither Engineer's review of Contractor's
Work for the purposes of recommending payments nor
Engineer's recommendation of any payment, including
final payment. will impose responsibility on Engineer:
a. to supervise, direct, or control the Work, or
b. for the means, methods, techniques,
sequences, or procedures of construction, or the
safety precautions and programs incident thereto,
or
c. for Contractor's failure to comply with Laws
and Regulations applicable to Contractor's
performance of the Work, or
d. to make any examination to ascertain how or
for what purposes Contractor has used the
moneys paid on account of the Contract Price, or
e. to determine that title to any of the Work,
materials, or equipment has passed to Owner free
and clear of any Liens.
5. Engineer may refuse to recommend the whole
or any part of any payment if, in Engineer's opinion, it
would be incorrect to make the representations to Owner
stated in Paragraph 14.02.B .2. Engineer may also refuse
to recommend any such payment or, because of subse-
quently discovered evidence or the results of subsequent
EJCDC C-700 Standard General Conditions of the Construction Contract.
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00700 .
a. the Work has progressed to the point indicat-
ed:
inspections or tests, revise or revoke any such payment
recommendation previously made, to such extent as may
be necessary in Engineer's opinion to protect Owner from
loss because:
a. the Work is defective, or completed Work has
been damaged, requiring correction or replace-
ment;
b. the Contract Price has been reduced by
Change Orders;
c. Owner has been required to correct defective
Work or complete Work in accordance with
Paragraph 13.09; or
d. Engineer has actual knowledge of the
occurrence of any of the events enumerated in
Paragraph IS.02.A.
C. Payment Becomes Due
1. Ten days after presentation of the Application
for Payment to Owner with Engineer's recommendation,
the amount recommended will (subject to the provisions
of Paragraph 14.02.D) become due, and when due will be
paid by Owner to Contractor.
D. Reduction in Payment
1. Owner may refuse to make payment of the full
amount recommended by Engineer because:
a. claims have been made against Owner on
account of Contractor's performance or furnish-
ing of the Work;
b. Liens have been filed in connection with the
Work, except where Contractor has delivered a
specific bond satisfactory to Owner to secure the
satisfaction and discharge of such Liens;
c. there are other items entitling Owner to a
set-off against the amount recommended; or
d. Owner has actual knowledge of the occurrence
of any of the events enumerated in Paragraphs
14.02.B.S.a through 14.02.B.S.c or Paragraph
IS .02A
2. If Owner refuses to make payment of the full
amount recommended by Engineer, Owner will give
Contractor immediate written notice (with a copy to
Engineer) stating the reasons for such action and promptly
pay Contractor any amount remaining after deduction of
the amount so withheld. Owner shall promptly pay
Contractor the amount so withheld, or any adjustment
thereto agreed to by Owner and Contractor, when
Contractor corrects to Owner's satisfaction the reasons for
such action.
3. If it is subsequently determined that Owner's
refusal of payment was not justified, the amount
wrongfully withheld shall be treated as an amount due as
determined by Paragraph 14.02.C.1.
14.03 Contractor's Warrant)' of Title
A. Contractor warrants and guarantees that title
to all Work, materials, and equipment covered by any
Application for Payment, whether incorporated in the
Project or not, will pass to Owner no later than the time of
payment free and clear of all Liens.
14.04 Substantial Completion
A. When Contractor considers the entire Work
ready for its intended use Contractor shall notify Owner
and Engineer in writing that the entire Work is
substantially complete (except for items specifically listed
by Contractor as incomplete) and request that Engineer
issue a certificate of Substantial Completion.
B. Promptly after Contractor's notification,
Owner, Contractor, and Engineer shall make an
inspection of the Work to determine the status of
completion. If Engineer does not consider the Work
substantially complete, Engineer will notify Contractor in
writing giving the reasons therefor.
C. If Engineer considers the Work substantially
complete, Engineer will deliver to Owner a tentative
certificate of Substantial Completion which shall fix the
date of Substantial Completion. There shall be attached to
the certificate a tentative list of items to be completed or
corrected before final payment. Owner shall have seven
days after receipt of the tentative certificate during which
to make written objection to Engineer as to any provisions
of the certificate or attached list. If, after considering such
objections, Engineer concludes that the Work is not
substantially complete, Engineer will within 14 days after
submission of the tentative certificate to Owner notify
Contractor in writing, stating the reasons therefor. If, after
consideration of Owner's objections, Engineer considers
the Work substantially complete, Engineer will within
said 14 days execute and deliver to Owner and Contractor
a definitive certificate of Substantial Completion (with a
revised tentative list of items to be completed or correct-
ed) retlecting such changes from the tentative certificate
as Engineer believes justified after consideration of any
objections from Owner.
D. At the time of delivery of the tentative
certificate of Substantial Completion, Engineer will
deliver to Owner and Contractor a written recommen-
dation as to division of responsibilities pending final
payment between Owner and Contractor with respect to
security, operation, safety, and protection of the Work,
maintenance, heat, utilities, insurance, and warranties and
guarantees. Unless Owner and Contractor agree otherwise
in writing and so inform Engineer in writing prior to
Engineer's issuing the definitive certificate of Substantial
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00700 . 37
Completion, Engineer's aforesaid recommendation will
be binding on Owner and Contractor until final payment.
E. Owner shall have the right to exclude
Contractor from the Site after the date of Substantial
Completion subject to allowing Contractor reasonable
access to complete or correct items on the tentative list.
14.05 Partial Utilization
A. Prior to Substantial Completion of all the
Work, Owner may use or occupy any substantially
completed part of the Work which has specifically been
identified in the Contract Documents, or which Owner,
Engineer, and Contractor agree constitutes a separately
functioning and usable part of the Work that can be used
by Owner for its intended purpose without signiticant
interference with Contractor's performance of the
remainder of the Work, subject to the following condi-
tions.
L Owner at any time may request Contractor in
writing to permit Owner to use or occupy any such part of
the Work which Owner believes to be ready for its
intended use and substantially complete. If and when
Contractor agrees that such part of the Work is
substantially complete, Contractor will certify to Owner
and Engineer that such part of the Work is substantially
complete and request Engineer to issue a certificate of
Substantial Completion for that part of the Work.
2. Contractor at any time may notify Owner and
Engineer in writing that Contractor considers any such
part of the Work ready for its intended use and substan-
tially complete and request Engineer to issue a certificate
of Substantial Completion for that part of the Work.
3. Within a reasonable time after either such
request, Owner, Contractor, and Engineer shall make an
inspection of that part of the Work to determine its status
of completion. If Engineer does not consider that part of
the Work to be substantially complete, Engineer will
notify Owner and Contractor in writing giving the reasons
therefor. If Engineer considers that part of the Work to be
substantially complete, the provisions of Paragraph 14.04
will apply with respect to certification of Substantial
Completion of that part of the Work and the division of
responsibility in respect thereof and access thereto.
4. No use or occupancy or separate operation of
part of the Work may occur prior to compliance with the
requirements of Paragraph 5.10 regarding property
Insurance.
14.06 Final Inspection
that the Work is incomplete or defective. Contractor shall
immediately take such measures as are necessary to
complete such Work or remedy such deficiencies.
14.07 Final Payment
A. Application for Payment
1. After Contractor has, in the opmlOn of
Engineer, satisfactorily completed all corrections
identified during the final inspection and has delivered, in
accordance with the Contract Documents, all maintenance
and operating instructions, schedules, guarantees, bonds,
certificates or other evidence of insurance certificates of
inspection, marked-up record documents (as provided in
Paragraph 6.12), and other documents, Contractor may
make application for final payment following the
procedure for progress payments.
2. The final Application for Payment shall be
accompanied (except as previously delivered) by:
a. all documentation called for in the Contract
Documents, including but not limited to the
evidence of insurance required by Paragraph
5.04.B.7;
b. consent of the surety, if any, to tinal payment;
c. a list of all Claims against Owner that
Contractor believes are unsettled; and
d. complete and legally effective releases or
waivers (satisfactory to Owner) of all Lien rights
arising out of or Liens filed in connection with
the Work.
3. In lieu of the releases or waivers of Liens
specified in Paragraph 14.07.A.2 and as approved by
Owner, Contractor may furnish receipts or releases in full
and an affidavit of Contractor that: (i) the releases and
receipts include all labor, services, material, and
equipment for which a Lien could be filed; and (ii) all
payrolls, material and equipment bills, and other
indebtedness connected with the Work for which Owner
or Owner's property might in any way be responsible have
been paid or otherwise satisfied. If any Subcontractor or
Supplier fails to furnish such a release or receipt in full,
Contractor may furnish a bond or other collateral
satisfactory to Owner to indemnify Owner against any
Lien.
B. Engineer's Review of Application and
Acceptance
1. If, on the basis of Engineer's observation of
A. Upon written notice from Contractor that the the Work during construction and final inspection, and
entire Work or an agreed portion thereof is complete, Engineer's review of the tinal Application for Payment
Engineer will promptly make a tinal inspection with and accompanying documentation as required by the
Owner and Contractor and will notify Contractor in Contract Documents, Engineer is satisfied that the Work
writing of all particulars in which this inspection reveals has been completed and Contractor's other obligations
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 38
under the Contract Documents have been fulfilled,
Engineer will, within ten days after receipt of the final
Application for Payment, indicate in writing Engineer's
recommendation of payment and present the Application
for Payment to Owner for payment. At the same time
Engineer will also give written notice to Owner and
Contractor that the Work is acceptable subject to the
provisions of Paragraph 14.09. Otherwise, Engineer will
return the Application for Payment to Contractor, indicat-
ing in writing the reasons for refusing to recommend final
payment, in which case Contractor shall make the
necessary corrections and resubmit the Application for
Payment.
C. Payment Becomes Due
1. Thirty days after the presentation to Owner of
the Application for Payment and accompanying docu-
mentation, the amount recommended by Engineer, less
any sum Owner is entitled to set off against Engineer's
recommendation, including but not limited to liquidated
damages, will become due and, will be paid by Owner to
Contractor.
14.08 Final Completion Delayed
A. If, through no fault of Contractor, final
completion of the Work is significantly delayed, and if
Engineer so confirms, Owner shall, upon receipt of
Contractor's final Application for Payment (for Work
fully completed and accepted) and recommendation of
Engineer, and without terminating the Contract, make
payment of the balance due for that portion of the Work
fully completed and accepted. If the remaining balance to
be held by Owner for Work not fully completed or
corrected is less than the retainage stipulated in the
Agreement, and if bonds have been furnished as required
in Paragraph 5.01, the written consent of the surety to the
payment of the balance due for that portion of the Work
fully completed and accepted shall be submitted by
Contractor to Engineer with the Application for such
payment. Such payment shall be made under the terms
and conditions governing final payment, except that it
shall not constitute a waiver of Claims.
14.09 Waiver of Claims
A. The making and acceptance of final payment
will constitute:
1. a waiver of all Claims by Owner against
Contractor. except Claims arising from unsettled Liens,
from defective Work appearing after final inspection
pursuant to Paragraph 14.06, from failure to comply with
the Contract Documents or the terms of any special
guarantees specified therein, or from Contractor's
continuing obligations under the Contract Documents;
and
with the requirements herein and expressly acknowledged
by Owner in writing as still unsettled.
ARTICLE IS - SUSPENSION OF WORK AND
TERMINATION
15.01 Owner May Suspend Work
A. At any time and without cause, Owner may
suspend the Work or any portion thereof for a period of
not more than 90 consecutive days by notice in writing to
Contractor and Engineer which will fix the date on which
Work will be resumed. Contractor shall resume the Work
on the date so fixed. Contractor shall be granted an adjust-
ment in the Contract Price or an extension of the Contract
Times, or both, directly attributable to any such
suspension if Contractor makes a Claim therefor as
provided in Paragraph 10.05.
15.02 Owner /vIay Terminate for Calise
A. The occurrence of anyone or more of the
following events will justify termination for cause:
1. Contractor's persistent failure to perform the
Work in accordance with the Contract Documents
(including, but not limited to, failure to supply sufficient
skilled workers or suitable materials or equipment or
failure to adhere to the Progress Schedule established
under Paragraph 2.07 as adjusted from time to time
pursuant to Paragraph 6.04);
2. Contractor's disregard of Laws or Regulations
of any public body having jurisdiction;
3. Contractor's disregard of the authority of
Engineer; or
4. Contractor's violation in any substantial way
of any provisions of the Contract Documents.
B. If one or more of the events identified in
Paragraph 15.02.A occur, Owner may, after giving
Contractor (and surety) seven days written notice of its
intent to terminate the services of Contractor:
1. exclude Contractor from the Site, and take
possession of the Work and of all Contractor's tools,
appliances, construction equipment, and machinery at the
Site, and use the same to the full extent they could be
used by Contractor (without liability to Contractor for
trespass or conversion),
2. 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
2. a waiver of all Claims by Contractor against
Owner other than those previously made in accordance
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright <9 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 . 39
3. complete the Work as Owner may deem
expedient.
C. If Owner proceeds as provided in Paragraph
15.02.B, Contractor shall not be entitled to receive any
further payment until the Work is completed. If the
unpaid balance of the Contract Price exceeds all claims,
costs, losses, and damages (including but not limited to all
fees and charges of engineers, architects, attorneys, and
other professionals and all court or arbitration or other
dispute resolution costs) sustained by Owner arising out
of or relating to completing the Work, such excess will be
paid to Contractor. If such claims, costs, losses, and
damages exceed such unpaid balance, Contractor shall
pay the difference to Owner. Such claims, costs, losses,
and damages incurred by Owner will be reviewed by
Engineer as to their reasonableness and, when so
approved by Engineer, incorporated in a Change Order.
When exercising any rights or remedies under this
Paragraph Owner shall not be required to obtain the
lowest price for the Work performed.
D. Notwithstanding Paragraphs 15.02.B and
15.02.C, Contractor's services will not be terminated if
Contractor begins within seven days of receipt of notice
of intent to terminate to correct its failure to perform and
proceeds diligently to cure such failure within no more
than 30 days of receipt of said notice.
E. Where Contractor's services have been so
terminated by Owner, the termination will not affect any
rights or remedies of Owner against Contractor then
existing or which may thereafter accrue. Any retention or
payment of moneys due Contractor by Owner will not
release Contractor from liability.
F. If and to the extent that Contractor has
provided a performance bond under the provisions of
Paragraph 5.01.A, the termination procedures of that bond
shall supersede the provisions of Paragraphs 15.02.B, and
15.02.C.
15.03 Owner /viay Terminate For Convenience
A. Upon seven days written notice to Contractor
and Engineer, Owner may, without cause and without
prejudice to any other right or remedy of Owner,
terminate the Contract. In such case, Contractor shall be
paid for (without duplication of any items):
1. completed and acceptable Work executed in
accordance with the Contract Documents prior to the
effective date of termination, including fair and
reasonable sums for overhead and profit on such Work;
2. expenses sustained prior to the effective date
of termination in performing services and furnishing
labor, materials, or equipment as required by the Contract
Documents in connection with uncompleted Work, plus
fair and reasonable sums for overhead and profit on such
expenses;
3. all claims, costs, losses, and damages
(including but not limited to all fees and charges of
engineers, architects, attorneys, and other professionals
and all court or arbitration or other dispute resolution
costs) incurred in settlement of terminated contracts with
Subcontractors, Suppliers, and others; and
4. reasonable expenses directly attributable to
termination.
B. Contractor shall not be paid on account of loss
of anticipated profits or revenue or other economic loss
arising out of or resulting from such termination.
15.04 Contractor A1ay Stop Work or Terminate
A. If, through no act or fault of Contractor, (i)
the Work is suspended for more than 90 consecutive days
by Owner or under an order of court or other public
authority, or (ii) Engineer fails to act on any Application
for Payment within 30 days after it is submitted, or (iii)
Owner fails for 30 days to pay Contractor any sum finally
determined to be due, then Contractor may, upon seven
days written notice to Owner and Engineer, and provided
Owner or Engineer do not remedy such suspension or
failure within that time, terminate the Contract and
recover from Owner payment on the same terms as
provided in Paragraph 15.03.
B. In lieu of terminating the Contract and
without prejudice to any other right or remedy, if
Engineer has failed to act on an Application for Payment
within 30 days after it is submitted, or Owner has failed
for 30 days to pay Contractor any sum finally determined
to be due, Contractor may, seven days after written notice
to Owner and Engineer, stop the Work until payment is
made of all such amounts due Contractor. including
interest thereon. The provisions of this Paragraph 15.04
are not intended to preclude Contractor from making a
Claim under Paragraph 10.05 for an adjustment in
Contract Price or Contract Times or otherwise for
expenses or damage directly attributable to Contractor's
stopping the Work as permitted by this Paragraph.
ARTICLE 16 - DISPUTE RESOLUTION
16.01 fviethods and Procedures
A. Either Owner or Contractor may request
mediation of any Claim submitted to Engineer for a
decision under Paragraph 10.05 before such decision
becomes final and binding. The mediation will be
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 40
governed by the Construction Industry Mediation Rules
of the American Arbitration Association in effect as of the
Effective Date of the Agreement. The request for
mediation shall be submitted in writing to the American
Arbitration Association and the other party to the
Contract. Timely submission of the request shall stay the
effect of Paragraph lO.05.E.
B. Owner and Contractor shall participate in the
mediation process in good faith. The process shall be
concluded within 60 days of filing of the request. The
date of termination of the mediation shall be determined
by application of the mediation rules referenced above.
C. If the Claim is not resolved by mediation,
Engineer's action under Paragraph 1O.05.C or a denial
pursuant to Paragraphs 10.05.C.3 or 10.05.D shall become
final and binding 30 days after termination of the
mediation unless, within that time period, Owner or
Contractor:
1. elects in wntmg to invoke any dispute
resolution process provided for in the Supplementary
Conditions, or
2. agrees with the other party to submit the
Claim to another dispute resolution process, or
3. gives written notice to the other party of their
intent to submit the Claim to a court of competent
jurisdiction.
ARTICLE 17 - MISCELLA1'\l"EOUS
17.01 Giving Notice
A. Whenever any provIsIon of the Contract
Documents requires the giving of written notice, it will be
deemed to have been validly given if:
1. delivered in person to the individual or to a
member of the firm or to an officer of the corporation for
whom it is intended, or
2. delivered at or sent by registered or certified
mail, postage prepaid, to the last business address known
to the giver of the notice.
17.02 Computation of Times
A. When any period of time is referred to in the
Contract Documents by days, it will be computed to
exclude the first and include the last day of such period. If
the last day of any such period falls on a Saturday or
Sunday or on a day made a legal holiday by the law of the
applicable jurisdiction, such day will be omitted from the
computation.
17.03 Cumulative Remedies
A. The duties and obligations imposed by these
General Conditions and the rights and remedies available
hereunder to the parties hereto are in addition to, and are
not to be construed in any way as a limitation of, any
rights and remedies available to any or all of them which
are otherwise imposed or available by Laws or Regula-
tions, by special warranty or guarantee, or by other
provisions of the Contract Documents. The provisions of
this Paragraph will be as effective as if repeated
specifically in the Contract Documents in connection with
each particular duty, obligation, right, and remedy to
which they apply.
17.04 Survival of ObligatiollS
A. All representations, indemnifications, warran-
ties, and guarantees made in, required by, or given in
accordance with the Contract Documents, as well as all
continuing obligations indicated in the Contract Docu-
ments, will survive final payment, completion, and
acceptance of the Work or termination or completion of
the Contract or termination of the services of Contractor.
17 .05 Controlling Law
A. This Contract is to be governed by the law of
the state in which the Project is located.
17.06 Headings
A. Article and paragraph headings are inserted
for convenience only and do not constitute parts
of these General Conditions.
EJCDC C-700 Standard General Conditions of the Construction Contract.
Copyright @ 2002 National Society of Professional Engineers for EJCDC. All rights reserved.
00700 - 41
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CRACK REPAIR AND SEAL COAT - VICTORY PARK PARKING LOT AND
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