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Home My WebLink AboutSpecs for garage entrance canopy 1 , ' MUNICIPAL GARAGE ENTRANCE CANOPY FILE NO. 13995 ' ORONO,MINNESOTA 1997 1 ' Il�TDEX ' Index Information to Bidders � ' Proposal General Conditions ' � Specifications ' Conditions of the Contract ' I hereby certify and that this plan, ' speci�cation, or report was prepazed by me or under my direct supervision and that I am a , duly Registered Architect in the State of ' Minnesota. � . ' Robert . Russek, AIA ' Date: October 22. 1997 Reg. No. 1738$ � ' ' ' , ' ; Il�IFORMA�QN TO BIDDERS 1. �ID PRf3POSAL: Each planholder has been fiunished a specifiication,plan set and one extra ' proposal. Bids sha111x submitted on the separate Proposal Form designated"BID COPY". The Proposai cantaining the bid shaU be submitted in a sealed envelope. ' R_eqLest�for an �nd Snecificgt�o ch �Id�le�r��stAte t,�e.A�m4 of�1gIt�,1��.. in �. ' � 2. BRA PLAN AND SPECiFICATION POLICY: ' 1) Plans and specifications shall only be available on a non-refundabte,per plan basis, with all contractors and vendors being charged the same. Plan6olders map�tain ' more than one set of plans and specif�c�tians for the stipulat�amount,however,all are non-refi�ndabie. ' 2) The amount for the bid package will be stated 'w the Advertisement for Bids. 3. �N��UAi DRAWIN�CS AN��PL�IFICATION SHFETS• Individual d.�a�vings and ' specif'icaxions sheets may be purchased at the rate of Five Dollars($5.00)per sheet of drawings and Twenty-five cents($0.25)per sheat of specifications for which no refund will be made. ' .. ' End of Section ' ' 1 . ' ' ' ' ' 1 ' Bonest � Bidder Total Base Bid ��k Address Tele hone No. ' Assoc(at glneers6Archkect Ci ,State,Zi Fax No. ' PROPOSAL MLTNICIPAL GARAGE ENTRANCE CANOPY ' __ ___. _ - ___ _ _ FILE NO.-13995_ _ _ ORONO,MINNESOTA t 1997 Opening Time: 2:00 P.M.,C.S.T. ' Opening Date: Monday,November 10, 1997 Honorable City Council ' City,of Orono PO Box 66 ' Crystal Bay, Minnesota 55323-0066 Dear Council Members: � The undersigned,being familiar with your local conditions, having made the field inspections and investigations deemed necessary, having studied the plans and specifications for the work including ' Addenda Nos. and being familiaz with all factors and other conditions affecting the work and cost thereof, hereby proposes to furnish all labor,tools, materials, skills, equipment and all ' else necessary to completely construct the project in accordance with the plans and specifications on file with you and Bonestroo, Rosene, Anderlik&Associates, Inc., 2335 West Highway 36, St. Paul,MN 55113, as follows: ' No. Item Unit Qty. Unit Price Total Price ' Base Bid '(� re rlina� nnetnirtinn cimnlv all m��i.�le lol....� ...e «.7 e e ' methods of construction for the Municipal Garage Entrance Canopy for the LLTMP SLJM o£ $ , Total Base Bid $ ' , ' 13995pro.wb2 P-1 ' ' Accompanying this bid is a bidder's bond, certified check or cash deposit in the amount of $ , which is at least�ve percent(5°10) of the amount of ' my/our bid made payable to the Owner, and the same is subject to forfeiture in the event of default on the part of the undersigned or failure on the part of the undersigned to execute the prescribed contract and bond within fifteen (15) days after its submittal ' to me/us. In submitting this bid, it is understood that the Owner retains the right to reject any and ---�H-bi�s-and�o��roe�rrregtz�axities-an�infarmaiities thereitr�rct�-�w�rdrtY�e c��►��t�__ _ __... the best interests of the Owner. ' In submitting this bid, it is understood that payment will be by cash or check. ' It is understood that bids may not be withdrawn for a period of 45 days after the date and time set for the opening of bids. It is understood that the Owner reserves the right to retain the certified check or bond of the three lowest bidders as determined by the Owner ' for a period not to exceed 45 days after the date set for the opening of bids. ' Respectfully submitted, (A Corporation) (An Individual) , Name (A Partnership) ' Signer ' Title ' Printed Name of Signer ' ' , ' � , 1:�95pro.wb2 P_2 ' IGENERAL CONDITIONS ' Contractor sha11 coordinate construction, supply all materials, labor, means and methods of construction for the municipal garage entrance canopy. Workmanship and materials shall meet state code and architect's approval. Performance and payment bond in the ' amount of bid plus change orders. Provide the following insurance for life of project: Workman's compensation and employer liability. ' Contractor's-con3pre�rensive geaeral-a�d autorriabi�e- liabilit}�-vvir'rch -protects - - contractor and City from property damage claims arising from operations under this contract, whether such operations be by the contractor or any subcontractor, ' or by anyone directly or indirectly emp]oyed by either of them. 1Vlinimum Limits-General Liability: ' Bodily Injury $500,000.00 each occurrence $500,000.00 completed operations Property Damage $100,000.00 each occurrence ' $200,000.00 aggregate � Minimum Limits-Auto Liability: Bodily Injury $250,000.00 each person $500,000.00 each occurrence ' $100,000.00 each occurrence $200,000.00 aggregate ' In addition to the above, provide a $1,000,000.00 umbrella excess liability policy. Builders risk: By Owner. Building Permit: Obtained and paid for by Contractor. ' Payment: Each 30 days (10% withheld until completion). Bid Form: Contractor's stationary stating bid amount and scope of project. Guarantee: Two year material and labor from date of Owner acceptance. ' Completion Date: Sixty (60) calendar days from Notice to Proceed to complete Building Portion. Grading and curb work to be completed by May 15, 1998. ' Liquidated Damages: $50.00 per caiendar day. Termination and Arbitration: Per American Institute of Architects AIA Form A201. Gener_al Conditions of the Contract: Latest Edition. ' Provide Bid�ond or Letter of Credit in the amount of 5% �f bid. ' , ' e��9s �1997�onestroo,Ruscne, � Anderiik&�.=,ssocia.es,'r�:;. ' ' SPECIFICATIONS ' 1.0 EARTH WORK Excavation: To depth shown. Architect to approve footing bottom. Dewatering: As required to keep excavation dry. � Remove & Replace: Topsoil and sod from swale area as shown in drawings. Fill: Compacted sand, 6" lifts, 95% of standard Proctor, thickness: 12". Excess Material: Remove all other material offsite. ' 2.0 CONCRETE Rcinforcing Bars: Deformed, ASTM A615, grade 60, lap 40 diameters. � Welded Wire Mesh: 6 x 6—W2 x VV2, ASTM A185, flat sheets. Formwork: All slabs and footin g shall have formed ed ges. Concrete: 4,000 psi at 28 days, 6% air entraining, 4" max. slump, damp cure ' 7 days. Finish: Light broom exposed surfaces, with tooled joints. See Floor Plan, � Drawing A1. Expansion Material: 1/a" asphalt impregnated fiber board. ' 3.0 MASONRY Crrout:- 1 part cement, 2-1/2 parts aggregate and l-1/2 parts pea gravel (F'c=3000 psi). ' A�infc�rci�g;Bats; Deformed, ASTM A615, grade 60, lap 40 d'i�Tn�ters. Joint Reinforcing:. Hot.dipped galvanized truss type, No. 9 wire side and trc�s� rods: Place reinforcing at 16" vertical spacing. ' Mortar: Type S, Portland—lime. Concrete Block: F'm=1500 psi. Decorative B1ock: Precolored rockface, to match existing. Above grade. ' Finish: Concave tool all joints exposed to view. 4.0 METALS ' Structural Steel: ASTM A36, unless noted. Anchor.Bolts: ASTM A307, hot dipped galvanized. Bolts; Nuts; Washers: ASTM A325, 3/a" diameter, unless noted. ' Welding: E70XX, conform to AWS D 1.1. Headed Shear Studs: ASTM A108, Grade 1015 or 1020, cold finish carban steel with ------------------------dimensions in cc�rnpliance with AISC specifications. I5.0 CARPENTRY Lumber: SPF -#2 or better, 19% max. moisture, surfaced 4 sides. ' Fasteners/Connectors: Hot dip galvanized steel. Fasteners to Masonry:Threaded, 1/a" diameter hardened steel; Tap-Con or equal. Lumb�r in contact with weather or concrete: CCA pressure treated ' Plywood: APA rated, 23/32 span for exterior exposure. Roof and wall sheathing. , i iJ�)�. G t's�97 Bonesiroo,Rosene, � r#nc>erlik S�Associa�.s,��,. � ' , 6.0 CAULKING Caulking: Dymonic 1-part modified polyurethane by Tremco, or equal. ' Backer Rod: Closed cell polyethylene foam. Size far snug fit. Color: Selected by Architect from standard colors. Application: Caulk between dissimilar materials. Follow manufacturer's � recommendations. 7.0 EXTERIOR STUCCO , Building Paper: 30-pound felt. Metal Lath: Per manufacturer's recommendation. Base and Finish Coat: Fiber reinforced plaster similar to Holnam Co., or equal with , elastomeric exterior coat. Finish: Finish to match existing soffit finish. Installation: Install as per Stucco Industry Standards. ' 8.0 ROOFING , Underlayment: Ice and Watershield by Grace, over entire rooz area. Roofing: Standing seam metal roofing to match existing. Standard of ' quality: Peterson aluminum. Color to match existing metal roofing. Reglet and Counter ' Flashing: Precolored, prefinished, 24 gauge, to match standing seam roofing. Ventilated Soffit: Encon "V" Groove aluminum soffit, or equal. Color to be white. 9.0 ELECTRICAL , Meet MN State Building Code and National Electrical Code, most current edit�ons at time of bid. Obtain and pay for all necessary permits. ' Wiring: Copper conductor with THW or THWN insulation. Conduit: EMT. Grounding System: Rods and wiring per National Electrical Code. ' Lighting Fixture: 70W metal halide recessed raund downlight w/tempered glass lens, Installation: Extend 120v circuit for power to photo electric cell AWD. ' ' ' ' �;�;Ur , � OO 1�97 i,ones[rco,R.sene, An�eriik&Associate�,)nc. � � ' �� - .1�a�� 5�0� 5�3� 3�t� � . . • � _ \ � . • . =v �� '� . � �r � . - � ' � ` -- � ��4'` ` . - . , - - . • - . + --5� �---... � ' -_ . . • • ' � �yt.13'�f.�:f�V L . � ' ' • . . . , � �� , . , _ _� . �,, , . '. _ ' � - _ "`E i.. Ioa,od '�O S. . �X ISf GOIJG � ' f,_. Avo/t S1�t1►.tA�K - ' - • ' • . ' ��1.IsiN'f . . - . . . . . . . . . � . ; . . v . . . . , ' - • � -- . . . . • . • . � : i � . , _ � _ ` � - . ' `- `. . , . . . ., . - � -- � ; . • � Z'�PI�. Mk1 Go1JG _� - Ftl� �'fYP ICAL : _-� _ �t�. '[Y P. - - a Ft,aol� PI,AN- REyISE� s�a�s �r.��tio N .` �� Bonestre. �'a' Rosene � AnderlAc a ORONO, MINNESOTA FIGURE � Associatss MUNICIPAL GARAGE ENTRANCE CANOPY E"o'"""' " ''"""�"`�` �tooS nwc 12-1-97 PRO,IECT N0. 13995 t ' �� '�O�� 10� 5'-O�� 5�v�� s � � � ; . 0` � � �. — - — - --i � � � � ' . --� � � F .-. �,,,� 1 t � = C2) 1�x �t�$ �I.YL � 1 � ��t0� _.I fo"D.G. � �' 1 2x�- 14M Jo�sf 1 � �2� ��"� �t�� LV L � K .-� � �� 9 ftEGtndD Ut�N ( — F�fi11�E 'tYP. '"' r , * � . � - — - - � � ��+ � 1 a- � �KAt''i il� G, Pt-16+�1 SG�►LE ��t �;p�� ' � Bonestroo Rosene � Ande�k & ORONO. MINNESOTA FlGURE � Associaie.s MUNICIPAL GARAGE ENTRANCE CANOP'Y Ero''� � "'�'. 13995.OWG 12-1-97 PROJEC'[ NO. 13995 � ` \ Z� ` ` `\ � ` \ �� ` \ _ ` r� ` ` s ��a ♦ h � �ErA� �A3�1 A � � . � ' ♦ � \ � � � TS 4�4Xi4 � � ; �. a --� —�--- -- � . ! 1 `�- I � � � ' � 1 1 ♦ 1 0 � V1 G4 hl�. �tG. � f I � �P--�'1 � j 1 `� I � � ;�` -� �---j �—� _�. � ��EvATi o�I ScALE �,��i= �Lo� � Bonesm�o Rosene � Anderfik & ORONO, MINNESOTA FIGURE � ,4,ssociates MUNICIPAL GARAGE ENTRANCE CANOPY E�s e� � 13995.DWG 12-1-97 PROJECT NO. 13995 �rANv��, Sr�,M R�� 10 MI►rfGN �� M� n --- ��\. n _ � � "�' t''1�'rA�- . ... ��^ . �n G�ot�i1MN STEEt, _. � - - - i----' i ' i � j j � i � t0►1G. FTI+� _, � 1 i '('`f r � � � I !_-� ---- . v E I,E�AT1o�1 SGAt,G 4 = ' � Bonesfroo 0 Rosene ORONO. MINNESOTA FIGURE � q��oep�'atas MUNICIPAL GARAGE ENTRANCE CANOPY E�• s ',/Q�'""Q� 13995.DWG 12-1-97 PROJECT NO. 13995 3� �1 ��11 t'1G?Ill. F'A�GIA fD t��('�M 3,�" StANt7tNG S�At't StA�ING, yG�ltr1— M'1'1,. QOOf. S.�E iy I�.la'ft� sH��c " � Z's/32'� PLYI�JGi�p �/� f'�,'(WooD L1 SGE � WAt�R sN��v�� ti - _ -�-- h��' . � � - -- � y,� �p � ��pG. �� I � w P,AP Mt�. �a�G�A 2�u� 2'o.� . AaND Wqfl��1�p 9 3�.� YBr.�t�d MtL S�oFf1'r Lo�UM�I � � I��A1 � � sGA1.F:s/� ns.'�QN � Bonestr�vo Rosene ORONO. MINNESOTA FIGURE � �vpates � MUNICIPAL GARAGE ENTRANCE CANOPY E�s a �°C+� 13995.OWG 12-1-97 PROJECT NO. 13995 !O�� AM Mt� RF�,. � a r , sG6 � �ltY��OP H�`•D � 2•"��Z. � 3� 2�10 � ILM D.L. 12 3�g I�RAMI t►� � 13 . /� PI.YWoob ;, �♦ � � s t � 5 t iy� ��'fi E � � � � � 2�` e z�yo.�. (�'�'rl� F�G•IA OKER �lEl�YCGD M'�1►. S�f f IT P t.�Yi•�� t'CP. � J Q!�_f .NA�4.�R � 2-Ptx Is�w It�b LY t- F DETA1 t� - REV15E� r- �GA1,E �.ftl. �!p� \� � Bonestroo Rosene � Ander�ik & ORONO, MINNESOTA FIGURE � Associates MUNICIPAL GARAGE ENTRANCE CANOPY �""" � �'QM1°`� 13995.�WG 12-1-97 PROJECt N0. 13995 . 23/x� P�YI�bOD SHE�II�IN6i 2 x io C� I�u�L 3 \ GoNf. t�t� zx�p ��yGIZ ' � �C� s�b � sssl.�Y� .s '(—'= ' A+►k,�Fs e �'o.�. -- � �>� � -5�MrsoN H�.5 T�E-Tr� . 2�4 �.oGK.IN� -'� 2-P►.Y t;�t x��'� �v� . \ 2 x �i ' � E4. to°t . 42 gQ�. Zx 4 2a "o.c_ I � � -rs 4�4x y 1[ENtLQ Mtl'' �'f � � � � (2) a`xIl "4'��IDE Ftis �lo� w►�Er� � � �,"x a'x3��r � G (�E�'AI � - (�EY15Ep St�4l.E /�}�= 1'-O" � Bonestroo Rosene � Anderlik & ORONO. MINNESOTA FIGURE � Associates MUNICIPAL GARAGE ENTRANCE CANOPY �'� � AfON�'"°` 13995.OWG 12-1-97 PROJECT N0. 13995 i TS 4 X 4 X 1/4 .� . 1 � �—�A�S G f� ' � ' !"M 1N ' ' ' 3-#3 TIES O 3" O.C. � • ; � ' ' GALV. 3/4" OIA. X 2'-0" �ONG ANCHOR BOLT W/ NUT ANO WASHER • 2'-0" OIA. CONC. PIER W/ d -�5 #3 T�ES � 12" Z' DO'f I tJl� Et'A►I t� � SGAL� Not�E � BonesYroo Rasene � Anderlik & ORONO. MINNESOTA FlGURE � A�sociates MUNICIPAL GARAGE ENTRANCE CANOP'Y � �' � 13995.DWG 12-1-97 PROJECT NO. 13995 --Ta 11 1 �ti� 'T y �y�GM �d � 3�4 x IOt�o�-IOn _ � I G�Ko�►f!��I.o W 4 Be�SE �1�-�ttG ~ ♦ 'rS 4*4 x�a},i o O L4� s�4'pu� X 2'-0" �� I.ON6i � �11�Y. �ASE f'�qtE .�►`�� a°`Ts i�' 1�z-R S y.` I'i.` 1 yZ'� �� o � SEE tJoT ABoYE � � FoR MaTe iA�s. �N �ASE pLATE G� I�1 al�L N �ASE �.A1'E t7�TA� �5 x�l.� i yZ"=i=o" � Bonestroo Rosene � Anderfik & ORONO. MINNESOTA FIGURE � qssociates MUNICIPAL GARAGE ENTRANCE CANOPY E,�,«�s a "'� 13995.OWG 12-1-97 PROJECt N0. 13995 _ G11T- I I�I KEG�.f T .. . . Go.uNr�t� F�sµ►N y =- : F�►sH��, - Y� _Sr��ro1Nc� 'SE�M - -� � � t�I�YA� Kocf: � � I -==-� c=____� i � � -- i I --� i � i t 1��=�"�� L _�_J 1�[t_�Q.�---� - - ; �_� �_�_�. I 23/s2 P�.��.l�op , f___j I � 'S K EI►TN 1 G� � i — ' � ( �__� 1= ' � � CONDITIONS OF THE CONTRAC"T [��lDEX ' PAGE NO. SECTI0IV 1 DEFINITIONS 1. � SI?CTION 2 BIDDING RCQUIREMENTS S. SECTION 3 AWARD AND EXECUTION OF CONTRACT,PROGRESS � A1vD COMPLETION OP WORK �. SECTI(>N 4 CONTRACT DOCUMENTS: INTENT AND REUSE 9, � SECTION 5 AVAILABILITY OF LANDS;PHYSICAL CONDITTONS; REFERENCE POINTS 1 l. � SECT[ON 6 IIVSURANCE AND BONDS,LEGAL RF,SPONSIBILITY AND S AFETY 13. � SECTIOIv 7 ENGIIVEER-OWNER-CONTRACTOR RELATIONS,ARBITRATION AND INDEMNIFICATION ig. .. SECTION 8 MATERIALS,EQUIPMENT,INSPECTION AND WORKMAIVSHIY 25. � SECTION 9 MEASUREMENT,PAYMENT AND PROJECT ACCEPTANCE 34. tSF.CTIOIv 10 CHANGES IN THE WORK 40. SI;CTION ll CHANGES OF CONTRACT PR10E AND CONTRACT TIME 42. � SECTION 12 SUSPENSION OF WORK AND TERMINATION 46. S1iCTION l3 M(SCF.LLA'v`EO[TS �;. � �ORM OF��1GREF;ME�"C � PERFORMANCE BOND LAI30R AI�D PAl'MENT BOND , � ' , ticnerul/S�h cs!Cundtus.gcn O 1996 Bonesu�a>,Rosene, � Andcrlik�Assaiatcs,lnc. ' ' TABLE OF CONTENTS CONDITIONS OF THE CONTRA T ' SECTION 1 -DEFINITIONS 1.I ACTS OF GOD ' 12 ADDENDA 1.3 AGREEMENT � 1.4 BID SECURTTY LS BIDDER 1.6 CONTRACT � 1.7 CONTRACT DOCUMENTS 1.8 CONTRACT PRICE � 1.9 CONTRACTOR 1.10 CHANGE ORDER � 1.11 DAY 1.]2 DEFECTIVE � -' 1.13 DRAWINGS 1.14 ENGINEER � 1.15 FIELD ORDER �' 1.16 F1NAL COMPLETION 1.17 MODIFICATION � 1.18 NOTICE OF AWARD 1.19 NOTTCE TO PROCEED � 1.20 OWNER 1.21 PERFORMANCE AND PAYMENT BONDS � 1.22 PROJECT 1.23 PROPOSAL 1.24 RESIDENT PROJECT REPRESENTATIVE � 1.25 SHOP DRAWINGS 1.26 SPECIFICATIONS � 127 3�3BCOI�I'RAC'TOR 1.28 SUBSTANTIAL COMPLETION � 7.29 SURETY 1.30 WRITTEN NOTICE 1.31 WORK � Gener:il/Specs/Condtns.gen � n 1996 Bonestroo,Rosene, Anderlik&Associates,lnc. - 1 - � � � TABLE OF CU1�'TEN'I'S (CONT'Dl � SECTIOi� 2-BIDDIiVG REOUIREMEN7'S 2.1 PROPOSAL FORMS � 2.2 IN'I'ERPRETATION OF QUANTITY ESTIMATES 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE � 2.4 ADDENDA 2.5 PR�PARATION OF BID 2.6 RESERVATIONS AND/OR EXCEPTIONS � 2J BID SECURITY 2.K DELIVERY OF PROPOSAL , ?.9 OPENING OF PROPOSALS 2.10 EVALUATION OF PROPOSALS � 2.1 1 ('1;R7'IF[(:ATION OF INDEPENDENI'PRICF_. I)F,TERMII�IA'I`ION SECTION 3 -AWARD AND EXECU"fION OF CONTRAC7' PROGRF.,SS &COMPLETION OF WORK ` 3.1 AWARD OF CONTRACT � 3.2 EXECUTION OF AGREEMENT � 3.3 FAILURE TO EXECUTE AGREEMENT - 3.4 RETURN OF BID SECURITY ' 3.5 NOT[CE TO PROCEED 3.6 CONTRACT T'IME 3J SCHEDULE OF COMPLETION � 3.8 COMPUTATION OF TIME 39 LIQU(DATED DAMAGFS � SECTlQN�-CONTRAC,,DOCliMENTS: INTEN'F AND REUSE � 4.1 INTENT OF CONTRACT DOCUMENTS �32 ORDF.R OF PRECEDENCE 4.3 DISCREPANCIES - - - - - - - � �.4 ADDITIONAL INSTRUCTIONS 4.5 DRAWINGS AND SPECff�'ICATIONS AT JOB SIT`E � 4.6 OWNERSHIP OF DRAWINGS AND SPECIFICATIONS AND REUSE 4.7 D[MI?NSl()NS � General/S�icc�s/Con�ltns.gen � J 19y6 Boucslr�.xi,R<�seite. Ar,dcrlik&�ss�xiat�,,Iuc -2 - � ' rTABLE OF CONTENTS( ONT'Dl ' SECTION 5-AVAILABrLITY OF LANDS•PHYSIC T CONDITTONS• RFFERENCE POINT 5.1 AVAILABILITY OF LANDS � 52 PRIVATE PROPERTY 5.3 SURVEYS � 5.4 UTILITIES 5.5 INVESTIGATIONS 5.6 UNFQRESEEN PHYSICAL CONDITIONS � SECTION 6- INSURANCF..AND BONDS LEGAL RESPONSIBILITY AND PUBLIC SAFETY � 6.1 INSURANCE 6.2 PERFORMANCE AND OTHER BONDS ' 6.3 PATENTS,FEES AND ROYALTIES 6.4 PERMITS AND LICENSES � 6.5 LAWS,REGULATIONS AND SAFETY 6.6 WARNING SIGNS AND BARRICADES , SECTION'7-ENGIN�ER-OWNER-CONTRACTOR RELATIONS ARBITR TION TNDEMNIFICATION � 7.1 ENGINEER'S STATUS AND AUTHORITY � 72 CONTRACTOR'S RESPONSIBILITIES 7.3 O`vVNER'S RESPONSIBILITIES � 7.4 ASSIGNMENT OF CONTRACT 7.5 RiGHTS OF VARIOUS INTERESTS � 7.6 SEPARATE CONTRACTS 7.7 SUBCONTRACTS 7.8 ORAL AGREEMENTS � 7.9 NON-DISCRIMINATION IN EMPLOYMENT 7.10 DECISIONS ON DISAGREEMENTS ' 7.11 ARBITRATION 7.12 INBEMNIFICATION � � GeneraUSpecslCondtns.gen � O� 1996 Bonestroo,Rosene, .Anderlik&Associates,Inc. -3 - ' � � TABLE OF CONTENTS (CONT'D� � SEC''I'ION 8 - MATERIA[_S.EQUIPVIENT.INSPEC�CION AND WORKI�IA��SH[P , 8.1 MATERIALS AND EQUIPMENT FURNISHED BY CONTRACTOR 8.2 EQUNALENT MATERIALS AND EQUIPMENT � 8.3 MATER[ALS FURIVISHEU BY OWNER 8.4 STORAGE OF MATERIAI.S ' 8.5 SAMPLES 8.6 FURNISHING OF PRODUCT DATA 8.7 QUAI.ITY OF EQUIPMENT AND MATERTAL,S � 8.8 SHOP DRAWINGS 89 ACCESS TO AND OBSERVATION OF WORK � 8.10 TESTS AND [NSPECTIONS 8.11 UNCOVERWG THE WORK � 8.12 CUTTING AND PATCHING 8.]3 WARRANI'Y AND GUARANTEE " 8.14 CORRECTION NERIOU � 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK � 8.16 ACCEPTANCE OF DEFECTIVE WORK � K.17 OWNER MAY STOP WORK 8.18 OWNER MAY CORRECT DEFECTIVE WORK � � � ' � ' GcucraUS�e cslC�mdu�s.�en � �O Ly96 E3oiies[roo,Ri�sene, Anderlik&Associates.I�ic. -4- ' � � TABLE OF CON`I'ENTS(CONT'Dl eSECTION 9-MEASUREMENT.PAYMENT AND PROJECT ACCEPTANCE 9.1 DETAILED BREAKDOWN OF CONTRACT AMOUNT � 9.2 REQUEST FOR PAYMENT 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT � 9.4 OWNER'S ACTION ON AN APPROVED 1tEQUEST FOR PAYMENT 9.5 OWNER'S RIGHT TO WITHHOLD PAYMENT ' 9.6 CONTRACTOR'S WARRANTY OF TITLE 9.7 SUBSTANTIAL COMPLETION 9.8 PARTIAL UTILIZAT'ION � 9.9 FINAL INSPECTION 9.10 FINAL APPLICATION FOR PAYMENT � 9.11 FINAL PAYMENT AND ACCEPTANCE 9.12 CONTRACTOR'S CONTINUING OBLIGATION � 9.13 WAIVER OF CT_AIMS SECTION t 0-CHANGES IN THE WORK ' 10.1 CHANGE ORDERS v 10.2 FIELD ORDERS � 10.3 UNAUT'HORIZED WORK l 0.4 ENGINEER RECOMMENDATIdNS � 10.5 NOTICE OF CHANGE TO SURETY 10.6 CLAIMS FOR ADDITIONAL COSTS � 10.7 WORK 1�URING AN EMERGEN�Y SECTIOI� ?: -CHANF'uE OF CONTRACT PRICE AND CONTRACT TIME 1 i l.l CONTRACT PRICE ' -i i� �H�NGE IN C4N'F�tACT P�IC� ' 11.3 BASIS OF CHANGE 11.4 C�-i�NCTE C�F CONTRA�'I'TIME � � Gene:aUSgecs/Co��dms.gen ' O 1996 Bonesuoo,Rosene, Anderlik&Associatcs,Inc. -5 - � � ' TABLE OF CONTENTS (CONT'Dl � SECTION 12- USPEN I N F W A T �RK N) ER INATI�N ' 12.1 OWNER MAY SUSPEND WORK 122 OWNER MAY TERMINATE ' 12.3 CONVENIENCE TERMINATION BY THE OWNER 12.4 CONTRACTOR MAY STOP WORK OR TERMINATE � SECTION 13 -MISCELLANEOUS 13.1 LIMITATION OF LIABILITY ' 13.2 REMEDIES 133 PUBLIC CONVENIENCE � 13.4 CROSSING UTILITIES,ETC. 13.5 SANITARY PROVISIONS 13.6 PRESERVATION OF HISTORICAL OBJECTS , 13.7 USE OF PREMISES ' FORM OF AGREEMENT � PERFORMANCE BOND ' LABOR AND NIATERIAL PAYMEN f BOND ' � ' ' � ' GeneraUS pecs/Co�ndms.gen O 1996 Bonestroo,Rosene. � Anderlik&Associates,Inc. -C- ' , ' CONDITIONS OF THE CONTRACT , SECTION 1 � DEFINITIONS � 1.1 ACTS OF GOD An Act of God is an unusual, extraordinary and sudden manifestation of the forces of nature, � uncontrolled and uninfluenced by the power of man and without human intervention, that could not under normal circumstances have been anticipated or expected. Ordinary weather conditions of normal intensity for the locality shall not be considered as an Act of God. I1.2 ADDENDA � Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change the bidding documents or the Contract Documents. r1.3 AGREEMENT � The Agreement is the written document executed by the Owner and Contractor covering the performance of the Work described in the Contract Documents. � 1.4 BID SECURITY T�e Bid Security, where required by the Advertisement or Information to Bidders, is a cashier's or � certified check, cash or Bid Bond accompanying the Proposal submitted by the bidder, pledging that the bidder will enter into an Agreernent with the Owner for the carrying out of the Work, sho�ld the contract for the Work be awarded to him. 1 l.5 BIDDER , A Bidder is an individual or other entity submitting a Proposal for the advertised Work. 1.6 CONTRF�CT ' The Contract Documents form the Contract. The Contract re resents the entire and inte rated P g ' agreement between the parties hereta and sup�rseties all prior negotiations, representations, or agreements, either written or oral. ' ' C��r�eraUSF,ecslCondtns.gen ' C%;946 Scree.:;tf��ROSet1C, :�.:;'r:�7is 6i:R,ssociates,inc. - I - ' 1.7 CONTRACT DOCUMENTS , The Contract Documents consist of the following, including all Addenda issued prior to the opening � of bids,Field Ordei�s, Change Ordcrs or other Modifications issued after execution of the Agreeinent: (a) Drawings. � (bj Specifications: 1 � � O Bid 1 ecumcnts (Advertis�ment, l�cldend�i, Infortnation to Bidclers, Proposal �izd Bid Security); � (2) Special Provisions; (3) General and Specific Requirements; � (4) Conditions of the Contract (General and otller conditions); � (5) Performance Bond and Labor and Materia] Payment Bond; (6) Form of Agreement; � (7) Detail Plates and other drawings attached to specifications; � 1.8 CONTRACT PRICE The moneys a able b Owner to Contractor under the Contract Documents as stated in the � PY Y Agreement. � 1.9 CONTRACTOR � The Contractor is the person or entity or authocired representative thereof i�a�ned in rhe Cc�ntract � Documents. 1.10 CHANGE ORDER , A written order to Contractor signed by Owner authorizing an addition, deletion or revision in thc � Work, or an adjustment in the Contract Priee or the Contract Time issued after the efPective date oi� the Agreement. 1.11 DAY ' A calendar day of twenty-faur hours u�easure:i fi�om rni�lnight to the next midnight. � , GcncrxUS�cs/Con�tns.ecn O 19)6 Buncslroo,Roscne. nndcrlik&Assucialcs.Ine. - ?- � ' ' 1.12 DEFECTNE � Refers to Work that is unsatisfactory, damaged, faulty or deficient, does not conform to the Contract Documents or does not meet the requirements of any inspection, test or approval referred to in the Contract Documents. � 1.13 DRAWINGS ' The Drawings are all plans, drawings (including revisions thereto) or reproductions thereof issued by the Engineer pertaining to the Work provided for in the Contract Documents. , 1.14 ENGINEER � The Engineer is the person or entity or authorized representative thereof named in the Contract llocuments. � 1.15 FIELD ORDER A written order issued by Engineer which orders minor changes in the Work in accordance with , Paragraph 10.2, but which does not involve a change in the Contract Price or the Contract'I'ime. 1.16 FTNA�,C0IVIPL,]ETION � - The�ork, incl�din an unch list items has been com leted in all �' g Y P � p respects in accardance w ith the ' Contract Docurnents. 1.17 MODIFICATION ' (a) A written amendmerat of the Contract Documents signed by both parties, (b) a Change Orci�r, or (c) a Field Order. ' 1.18 NOTICE OF AWARD , The written notice by Owner to the apparent successfui Bidder stating that upon compliance by the apparent successful Bidder with the conditions precedent enumerated therein, within the time specified, Ow��er��vill sign and deliver the Agreement. ' 1.�9 NOTICF'�� ROCEEl� ' A written notice given by Owner to Contractor(v�rith a copy to Engineer) fixing the date on which the Contract Time will commence to run and on which Contractor shall start to perform his obligatic�n under the Contract I3ocuments. ' ' <;erieraL SpecslCondtr s.ger� '�' "t=�96 Bos�estro�,Rosene, ' „�derii',:�F.�ca:��t�s. :a�_ _'2 ' 1.2 WNER � 0 O The Owner is Che person or entity or authorized representative there��f named in tlie Contract � Documents. 1.21 PERFORMANCE AND PAYMENT BONDS ' The Performance and Payment Bonds are the approved form of secui�ity furnished by the Contractor � and a Surety prior to the execution of the Agreement as a pledge of good faith on the part of the Contractor and the Surety in the event of the Contractor's default, covering the Contractor's faithful perfornlance under the Contract Documents and the payment of all obligations arising thercun�er. � 1.22 PROJECT The total consri�uction of which the Work to be provided under the Contract [)ocuments may be t�he � whole, ar a part as indicated elsewhere in tl�e Contract Documents. 1.23 PROPOSAL , The Proposal is the offer of a bidder to perform the Work described in the Bid Documents when made � out and submitted on the prescribed Proposal form, properly signed and secured. . 1.24 RESIDENT YROJECT REPRESENTATIVE � The authorized re�ncc:stntative of the Engineer who is assigned to the si�e or any part thereof. � 1.25 SHOP DRAWINGS All drawings, diagrams, illustrations, schedules and other data which are speci�cally prepared by � Contractor, a Subcontractor, manufacturer, fabricator, supplier or distributor to illustrate some portion of the Work and all illustraCions, brochures, standard schedules, performance charts, instructions, � diagrams and other information prepared by a manufacturer, fabricator, supplier or distributor �nd submitted by Contractor to illustrate material or equipment for some portion of The Work. 1.26 SPECIFICATIONS. � T11at portion of the Contract Uocument �ener<<lly bound in bo�k(et forn� and consisting of the � documents identified in Para��raph I.7 (t�) of the Conclitions ofi the Contrac.t. 1.27 SUBCONTRACTOR ' The Subcontraetor is the person oi-other entity having a direct contract with the Contractor and acts for or on behalf of the Contractor in executing any part of the Contract, but does not include any � separate Contractor or his Subcontractor or any material suppliers. ' ticncral/S�wcs/C��tns.gcn O 1996 B�mcstroo,Rosenr.. � �;�dcrlik&A�tisociatcs.Inc. -�- ' ' I.28 SUBSTANTIAL COMPLETION 1 The Work(or a specified part thereo fl has progressed to the point where, in the opinion of Engineer as evidenced by his certificate of Substantial Completion, it is sufficiently complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for the purposes ' for which it was intended; or if there be no such certificate issued, when final payment is due in accordance with Paragraph 9.10 and 9.11. The terms "substantially complete" and "substantially ' completed" as applied to any Work refer to Substantial Completion thereof. 1.29 StJIaETY ' A Surety is the person or other entity executing the Contractor's Bid, Performance and Payment Bonds. I1.30 WRITTEN NOTICE ' Written Notice shall be deemed to have been served if delivered in person or sent by registered or certified mail to the individual or other entity or to the last known business address of such individual or entity. It shall be the duty of each party to advise the other parties to the Agreement ' as to any change in the business address until completion and acceptance of the Work. 1.31 WORK � • Th e entire completed construction or the vac7ous separately�dentifiable parts thereof required to be ' furnished under the Contract Documents. Work is the result of performing services,furnishing labor and furnishing and incorporating materials and equipment into the construction, all as required by the Contract Documents. ' SECTION 2 ' �IDDING REOUIREMENTS 2.1 PR�I�OSAL FORMS , The Owner will furnish Proposal Forms to any quali�ed Bidder upon request. 1 2.2 INTERPRETATION OF OUANTITY ESTIMATES The schedule quantities as listed in the Proposal are to be considered approxirnate anly and may be ' increased, decreased or omitted as necessary to complete the Work as described in the Contract Do�uments. , � Ge��erai/5pecs/Condtns.gen ' O 1996 Bonestroo,l2osene, �nderiik R:'�ss:n;iates.Inc. -S � ' ' 2.3 EXAMINATION OF PLANS, SPECIFICATIONS AND WORK SITE Each Bidder is required to examine carefully the site of the Work, the Proposal Forms, Specifications � and Plans. Submission of a Proposal constitutes a representation by the Bidder that he has rnade such exa�nination, has familiarized himself with the conditions to be encountered, the character, quality and � quantiry of wark to be performed and material to be furnished and ha� coi-related his observations with the requirements of these Contract Documents. 2.4 ADDENDA , Any Addenda issued prior lo tlle time of receipt of Yroposals shall be include�i in the Proposal and � shall be made part of the Contract Documents. Receipt oi'eacll Addendum shall be ack�lowledbe�l by the Bidder in his Proposal. 2.5 PREPARATION OF BIU ' The bidder shall submit his Proposal on the Proposal Form provided by the Owner. All blank spaccs � in the Proposal must be filled in clearly and correctly in ink or typewritten. Any interlineation, alteration or erasure must be initialed by the signer of the ProposaL The Proposal sl�all be signed in ink by the individual or authorized representative makin� the Proposal. � 2.6 RESEIZVATIONS AND/OR EXCEPTIONS Reservations or exce tions shall be clearl stated in wri � �> < • � p y tu1� and attached to tlle Prop<>sal. "ihey will be deemed to be a part of and incorporated into the Proposal. Bidders are advised that if sucl� reservations or exceptions constitute a substantial deviation from the advertised terms and conditions, r their Proposals may be rendered non-responsive. The Bidder shall make no ldditional sti��ulations on the Proposal nar qualify iT in any orher manner. � 2.7 BID SECURITY If so stipulated in the Advei-tisement for Bids, oi- Ini�ormation to Bidders, each Proposal shall bc � accompanied by a Bid Security in the required form and amount pled�ing that the Bidder will enter into a Contract with the Owner on the terms stated in his Proposal and will, ii'required, furnish bonds � as described hereunder in Section 6 covering the faithful performance of the Contract and the payment of all obligations arising thereunder. Should the Bidder refuse to enter into such Contract or fail to furnish such bonds, if required, the amount of the Bid Security shall be forfeited to the Owner as � liquidated damages, not as a penalty. The Owner will have the right to retain the Bid Security of Bidders until either(a)the Agreement has been executed and bonds, if required, have been furnished by the Contractor to whom an award has been made or (b) the specified time has elapsed so that � unaccepted Proposals may be withdrawn, or (c) all Propos�ls have been re_jecte�l. 1 ' GeneraVS��cs/Condtns.��cn C`1996 Bonesu��,Roscnc � ,andcrlik h�Ass��ciat<�s.[n.. -6- � , 2.8 DELIVERY OF PROPOSAL ' Each Proposal shall be placed in an opaque envelope and securely sealed. The envelope shall be so marked as to indicate the name and address of the Bidder, the type of work and the Project Designation. If mailed, the sealed envelope shall be enclosed in a separate mailing envelope with ' the notation "PROPOSAL ENCLOSED" on the face thereof. All Proposals shall be in the office of the designated recipient before the time set for bid opening. ' 2.9 OPENING OF PROPOSALS � Proposals will be opened publicly and read aloud at the time, date and place designated in the Advertisement. , 2.10 EVALUATION OF PROPOSALS The Owner reserves the right to reject any Proposal if it shows any omissions, alterations, ' irregularities, is submitted subsequent to the time established in the Advertisement for Bids for receipt of bids,or is unaccompanied by any required Bid Security. The Bidder further acknovvledges the right of the Owner to reject all Proposals and readvertise with the same or different Bid � Documents. In any event,the Owner reserves the right to waive any informalities, irregulaxities or minor deviations in the Proposal. On unit price Proposals, comparison of Proposals will be rnade � on the basis of the stated unit prices and unit prices will control in the event of a diserepancy � between the unit price and the extension or summation thereof. On fixed or lump sum price _ Proposals,comparison of Proposals will be made on the basis of the lowest price that is responsive to the Advertisement. � 2.11 CERTIFICATION OF DEP NDENT PRICE DETERMINATION ' By submission of a Propasal, each Bidder certifies that: ' (�) The prices in the Proposal have been arrived at independently, with out consult�tion,communication or agreement as ta any matters relating to such prices with airy other bidder o�with any competitor for the purpose of restricting competition; ' (b} The prices in th� Pruposal have not been or will not be knowingly disclosed to any other bidder or competitor pri�r to the Owner's opening of the Proposals; � (c) No attempt has been made or will be made by the Bidder to induce ar.y other person or firm to submit ar not to submit �Praposal for the purpose flf restr�cting cornpetition. ' , , i:e�ier.aL'Sr�ec�/Car�ttuns.ger J ty96 Bonestroc,Rose�e, � �'.nderiik b'�.4>s��crates,Inr. -7 - ' SECTION 3 ' AWARD AND EXECUTION OF CONTRACT PROGRESS & ' COMPLETION OF WORK 3.1 AWARD OF CONTRACT ' When the lowest responsive Proposal of the lowest respansible bidder is accepted and within the ' time limit established in the Advertisement for Bids, the Owner will send him the necessary Contract Documents and a Notice that the contract has been awarded to him, subject to the furnishing of a Performance and Payment Bond, where ;equired. ' 3.2 EXECUTION OF AGREEMENT The lowest responsible bidder shall,within 15 days after receiving the Notice of Award and Contract ' Documents, sign the Agreement contained in the Contract Documents and return the signed Agreement and such Bonds and Insurance forms as the successful Bidder may be required to furnish ' to the Owner. 3.3 FAILURE TO EXECUTE AGREEMENT � Upon the failure of the lowest responsible bidder to furnish an acceptable Bond, where required, or to execute the Agreement within the time above speci�ed, the Owner may have the option to annul � the award and retain the Bid Security accompanying the Bid as liquidated damages and not as a - penalty. This sha11 not be the sole remedy of the Owner but upon default by the Bidder the Owner , may adopt any legal remedy which it may see fit to adopt. 3.4 RETURN OF BID SECURITY ' All Bid Securities, except that of the lowest responsible bidder, will be returned witinin 45 days after the date of the opening of Proposals unless stated otherwise in the Special Provisions. The Bi�' ' Security of the lowest responsible bidder will be returned upon receipt of the properly execuYed Agreement and Bond. 3.5 NOTICE TO PROCEED ' The date of commencement of the Work is the date set forth in the Notice to Proceed. Thereupon, � the Contractor shall begin and shall prosecute the Work regularly and without interruption, unless otherwise directed in writing by the Owner, with such manpower and equipr:lent as is necessary to complete the Work within the time stated in the Contract Uocuments. ' ' ' GeneraUS pecs/Condtns.�en O t996 Bonestroo,Roset�r, ' Anderlik&Associates,inc. - g - ' � 3.6 CONTRACT'TIME ' The Contractor shall camplete, in an acceptable manner, all of the Work contracted for in the time stated in the Contract Documents, subject only to extension for unforeseeable delays above and beyond the control of the Contractor and his Subcontractors and without their fault or negligence. ' �JVritten notice of the Contractor's claim for such extension shall be given within ten (10) days of the occurrence of the event giving rise to the claim; otherwise the claim shall be waived. , 3.7 SCHEDULE OF COMPLETION The Contractor shall submit,at such time as may reasonably be requested by the Engineer, schedules , which shall show the order in which the Contractor proposes to carry on the Wor�C, with dates at which the Contractor will start the several parts of the Work and estimated dates of completion of , the several parts. 3.8 COMPUTATION OF TIME ' When any period of time is referred to in the Contract Documents by days, it shall be computed to exclude the first and include the last day of such period. ff the last day of any such period falls on ' a Saturday or Sunday or on a day made a legal holiday by the law of the applicable jurisdiction, such day shall be omitted from the computation. ' 3.9 LIOUIDATED DAMAGES 3.9.1 Time is the essence of the contract. The Contractor thereby agrees that the �wner will be ' entitled to liquidated damages for failure on the part of the Contractor to complete the Work within the time limits provided for in the Contract Documents. , 3.9.2 �hould the Contractor fail to complete the project on or before the s�ecified date, liquic;�.��ci damages in the amount specified in the Special Provisions shall be deducted from any monies due , or coming due to the Contractor or shall be paid to the Owner not as a penalty but as liquidated damages for each and every calendar day that the contract sha11 remain uncompleted after the specified date for Completion. Liquidated damages are specified herein because of the extreme ' difficaltiy of ascertainirt� �nd e.stablishing the actual damages which the Ov�rner would sustain. ' SECTION 4 CONTRACT I��CUMENTS: INTENT AND REUSE ' 4.1 IN�'ENT OF CONTRACT DOCUMENTS ' 4.1.I The Contract Documents comprise the entire Agreement b�tween Owner and Contractor conceyning the Work. They rrlay be altered only by a written Change �Jrder. ' GenetaU��r es/4�:r«utns.gere �J !i9E Baeees¢roo,Kosene, � sti��rGk�.��c:i�'.�s:9rc. -9- ' 4.1.2 The Contract Documents are complementary; what is called for by one is binding as if called ' for by all. If, during the performance of the Work, the Contractor finds a conflict, ambiguity or discrepancy in the Contract Documents, he shall report it to engineer in writing at once and before � proceeding with the Work affected thereby; hov�ever, Contractor shall not be liable to Owner or Engineer for failure to report any conflict, ambiguity or discrepancy in the Contract Documents unless Contractor had actual knowledge thereof or should reasonably have known thereof. , 4.1.3 It is the intent of the Specifications and Drawings to describe a complete project (or part ' thereof) to be constructed in accordance with the Contract Documents. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. When words which have a well- ' known technical or trade meaning are used to describe Work, materials or equipment, such words shall be interpreted in accordance with such meaning. Reference to standard specifications, manuals or codes of any technical society, organization or association, or to the code of any governmental ' authority, whether such reference be specific or by implication, shall mean the latest standard specification, manual or code in effect at the time of opening of Bids (or, on the effective date of the Agreement if there were no Bids), except as may be otherwise specifically stated. However, no ' provision of any referenced standard specification, manual or code (whether or not specifically incorporated by reference in the Contract Documents) shall change the duties and responsibilities of Owner, Contractor or Engineer, or any of their agents or employees from those set forth in the ' Contract Documents. Clarifications and interpretations of the Contract Documents shall be issued by Engineer as provided for in Paragraph 4.4. 4.1.4 The Contract Documents shall be governed by the law of the place of the Project. - , 4.2 ORDER OF PRECEDENCE ' If there be a conflict between or among any ai the terms or provisians of the Contract Documents, ' which canflict cannot be reconciled by resorting to the intent of the Contract Documents under Paragraph 4.1, the conflict shall be resolved by apply�ng the following Order of Precedence: (a) Agreement; � (b) Conditions af the Contract; , (c) Special Pravisions; (d) Specific Requirements; ' (e) Gerieral Requirements; � (f) Brawings. ' , Generati Specs/Condtns.gcn OO 1996 Bonestroo,Rosene, , Anderlik Rc Associates,Inc. - j0- ' ' 4.3 DISCREPANCIES tAny conflict, ambiguity or discrepancy in the Contract Documents, no matter how seemingly insignificant to the Contractor, shall be brought immediately to the attention of the Engineer for clarification. Any Contractor who fails to bring any conflict, ambiguity or discrepancy to the , atcention of the Engineer of which it was or should have been aware, shall assume the risk of loss arising out of any such conflict, ambiguity, or discrepancy. ' 4.4 ADDITIONAL INSTRUCTI�JNS ' Further or additional instructions may be issued by the Engineer during the progress of the Work by the use of Drawings or other means to clarify the intent of the Contract Documents or to explain or illustrate Changes in the Work or Field Orders. ' 4.5 DRAWINGS AND SPECIFICATIONS AT JOB SITE ' Contractor shall keep one record copy of all Specifications, Drawings, Addenda, 1VIodifications, Shop Drawings and samples at the site,in good order and annotated to show all changes made during the construction process. These shall be available to Engineer for examination and shall be delivered ' to Engineer for Qwner upon c�mpletion of the Work. 4.6 JWNERSI-�IP OF DRAWINGS AND SPECIFICATION AND t2EUSE , . All original Drawings and Specifications and ather data furnished b the En ineer are and shall Y � remain his property. Copies thereof will be furnished to Owner and are to be used only with respect , to this Project and are not to be used on any other projeet or exten�ions of this Project without the prior written consent of Engineer. Submission or distribution to meet official regulatory ' requirements or for other purposes in connection with the Project are not to be construed as �ublication in derogation of the Engineer's common law copyright or dther reserved rights. ' 4.7 DIMENSIONS Figured dime�sions on the plans will be used in preference to scaling tg7e Drawings. Any conflicts, � ambiguity, or discrepancy, shall be iinmediatety brought to the attention of ihe Engineer before �roceeding with the affected Work. Contractor shall assume the risk of loss for failur� to bring to th� att�ntic�r �f the Engitl�e� such Go:�flict, ar��biguity, or disc�e�anc��. , ' ' ' ::'�.uerali��r,:vs;��i�ca:ras.b�en ��?1936 Bcr�astr�a:E2��ne, � ,.;�c�s:;xi�C&��.o:•3�Y�s,I�ic. - �l� - ' SECTION 5 I AVAII.ABILITY OF LANDS: PHYSICAL � CONDITIONS; REFERENCE POINTS 5.1 AVgILABILITI' OF LANDS ' 5.1.1 Own�r shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be performed, rights-of-way for access thereto, and such other lands which are designated for ' the use of Contractor. Easements for permanent structures or permanent changes in existing facilities wilt be obtained and paid for by Owner, unless otherwise provided in the Contract , Documents. 5.1.2 Contractor shall, at his expense, provide for all additional lands and access thereto that may ' be required for temporary construction facilities or storage of materials and equipment. Contractor shall confine his machinery and equipment,storage of materials and operation of workmen to those areas described in the Contract Documents and such additional areas which he may provide at his ' expense. 5.2 PRNATE PROPERTY ' The Contractor shall not enter upon private property for any purpose without obtaining written permission from the owner thereof, and he shall be responsible for the preservation of all property, ' trees, monuments, etc., along and adjacent to the street and/or right-of-way, and shall use every • precaution necessary to prevent damage or injury thereto. He shall protect carefully from disturbance, or damage all monuments and property markers until an authorized agent has witnessed or otherwise ' referenced their locatzon and shall not remove thern until directed. 5.3 SURVEYS , Unless otherwise specitied, the Owner shall establish all base lines for the location of the principal ' component parts of the Work together with a suitable number of bench marks adjacent to the Work. Based upon the information provided by the Owner,the Contractor shall develop and make all detail surveys necessary for construction, including batter boards, stakes for pile locations and other � working points, lines and elevations. The Cantractor shall be responsible for carefully preserving bench marks,reference points and stakes, and, in the case of destruction thereof resulting from his negligence or otherwise, the Contractor shall be charged with the expense and damage resulting ' therefrom and shall be responsible for any mistakes that may be caused by the unnecessary loss or disturbance of such bench marks, reference points and stakes. , ' ' (ieneraU3 pecs/Condtns.gen �1996 Bonestroo,Rosene, ' Anderlik&Assaciates,Inc. - 12- ' S.4 tiTII.ITIES ' The Contractor shall be sc�lely responsible for verifying the exact location of all utilities, whether or not shown on the Drawings or referenced in the Specifications. Prior to the start of any construction, ' the Contractor shall notify all utility companies having utilities in the Project area. The Contractor shall have sole responsibility for providing temporary support and for protecting and maintainir�g all existing utilities in the Project area during the entire period of constructic�n, including but not � limited to the period of excavation, backfill and compaction. In� car�ying out this responsibility, the Contractor shall exercise particular care, whenever gas mains or other utility lines are crossed, to provide compacted backfill or other stable support for such lines to prevent any detrimental ' displacement, rupture or other failure. 5.5 INVESTIGATIONS ' R�ference is made to the Contract Documents for identification of those reports of investigations and tests of subsurface or latent physical conditions at the site or otherwise affecting cost, progress or ' performance of the Work which have been relied upon by Engineer in preparation of the Drawings and Specifications. Such reparts or tests are not guaranteed as to accuracy or completen�ss and if incorporated into the Contract Documents, they shall be for general information only. Contractor ' shall be responsible for verifying site and subsurface conditions to his satisfaLtion prior to submitting a bid on the project. , 5.6 UNFORESEF,N PHYSICAL COIVDITIONS ' C�ntractor shall immediately notify Owner and Engineer in writing of any subsurface or latent physical conditions at the site or in an existing structure differing materially from those indicated or ' referred to in the Contract Documents. Engineer will promptly review those conditions and advise ' Qwner in writing if further investigation or tests are necessary. Promptly thereafter, Own�r shall obtain the necessary additional investigations and tests and furnish copies to Engineer and Contractor. If Engirieer finds that the results of such investigations or tests indicate that there �re ' subsurface or latent physical conditions which differ materially from those intended in the Contract Documents,and which could not reasonably have been anticipated by Contra�,to�, a Change Order shall be is�ued incorp�rating�rie necessary revisions. � SECTION 6 ' Il�ISURANCE. AND BONDS. LEGAL I�E�PONSIBII.,TTY AND PUBLIC SAFETY , 6.1 INSt�RANCE ' 6.1.1 General: The Contractor shall not commence work under this contract until he has obtained ail insurance required under this Section and shall have filed the certificate of insurance or the c�rtified copy of the insurance policy with the Owner and Engineer. The Contractor shall not allow ' any Subcontractor to commpnce work on his subcontract untit alI insurance required for the Su��Qntractor ha�been obtaineti. Each insurance policy shali contain a clause providing tha�it shall not be eanceled by the insurance company without thirty (30 j days written natice to the Owner and , Enginee:�f intent to cancel. Ge��eraUSpecslCor�Ims.gen .': l,96 Rorrectroa,Rosene, � .�,r�dart��k&Associates,Is�c, - 13- , , Certificates of insurance shall be submitted on Standard Form C.LC.C.-701 or ACORD 25 forms and shall specifically note the clause providing for 30 day written notice to the Owner and Engineer ' of intent to cancel. This clause shall read as fallows: "Should any of the above described policies be cancelled before the expiration date thereof, the ' issuing company will mail 30 days written notice to the certificate holder named to the left." 6.1.2 Workman's Com�ensation &Employer Liability Insurance• The Contractor shall secure and ' maintain during the life of this Contract, Workman's Compensation and Employer's Liability Insurance as required by law for all his employees to be engaged directly or indirectly in the work on the project under this Contract. In case any work is sublet, the Contractor shall require the ' Subcontractor to similazly provide Workmen's Compensation and Employer's Liability Insurance for all the latter's employees to be engaged directly or indirectly in such work. The Contractor shall also maintain insurance required under any other Employee Benefit Acts in force or required by law at , the site of construction. 6.1.3 Contractor Comprehensive General&Automobile Liabilit� The Contractor shall procure and ' maintain during the life of this Contract, Contractor's Comprehensive General and Automobile Liability Insurance which shall protect him from claims for damages for personal injury, including , accidental death, as well as from claims for property damage which may arise from operations under this contract, whether such operations be by himself or by any Subcontractor or by anyone directly - or indirectly employed by either of them. The insurance shall be in amounts listed below and shall , provide coverage under the following hazards: 1. Operations af Contractar. ' 2. (3perations of Subcontractor (C�ntingent). 3. Products, including completed operations. This insurance is to be carried for a periad of , one year after completion or acceptance o1�the work. 4. Contractual Liability (See Section 6.1.5). ' 5. Property Damage. ' 6. Broad Form Property Damage. ' 7. All Owned, Non-Owned and Hired Vetiicles. Minimum Limits - General Liability ' l. Bodily injury $500,000.00 each occurrence ' $SOO,OOO.QO completed operations ' GeneraVS�ecs!Condtns.gen C�) ➢996 Bon�stroo,Rosene, � Andcrlik&P.ssociates.Inc, - 14- � ' 2. Praperty darnage $100,000.00 each occurrence $200,000.00 aggregate � Minimum Limits - Automobile Liability � 1. Bodily injury $250,000.00 each person $500,000.00 each occurrence � 2. PropeRy damage $100,000.00 each occurrence $200,000.00 aggregate � It is requixed that basic exclusions for damage caused by explosion, collapse and daanage to undergraund facilities, commonly known as X, C, U exclusions, be removed from the policies and ' so indicated as covered in the declaration and on certificates of insurance. This provision of the Conditions of the Contract will be waived on above ground projects where hazazds of explosion and/or collapse do not exist. The exclusion of explosion will be allowed on underground projects ' where blasting is not required. In additian to all of the listed coverages, the Contractor shall procure and maintain an Umt�rella ' Excess Liability Policy in a minimum limit of$1,000,000.00. Any Umbrella Excess Liability policy in excess of$1,00O,OOQ may be utilized to meet the above listed basic coverages. � 6.1.4 Builder's Risk Insurance: Sefore cornmencement of the Work, the Contractor shall provide _ �uilder's Risk Insurance on a multiple peril form in the full amount of the total construction and material contract. Such insurance shall contain an appropriate rider to include as Additional Named � Insureds, the Owner, the Engineer and his �onsultants, and each of their officers, employees and agents, all Subcontraetors, the equipment Cantractors and all of their Subcontractors on the construction pr�mises. Such insurance may have a deductible clause but the deductible amount shall ' l�e borne by the Contractar and shall not exceed $1,000.00. ' The Builder'c Risk Insurance required herein shall apply to projects involving constructioz� of structures and t�uilding only. 'I'he requirements of this sectian shall be waived on projects invoiving �nly underground utilities, gr�ading, street improvements and similar constniction work, bu� any ' damage or loss to praperty shall be the sole responsibility of the Contractor until final acceptance of the�Vork. � If the Owner finds it necessary to occupy or use a portion or portions of the Wor?�prior to substantial completian thereof, such occupancy shall not commence prior to a time mutually agreed�:o by the Owner and Contractor and to which the insurance company or companies prov:ding tiie property � ins�rance have consented by en�orsement to the policy or policies. This insurance shal� not be cancelled or lapsed on ac�ount of such partial occupancy. Consent of the Contractor an�l of the i�surance company or companies t� such oVcupan�y or use sha11 not be��nreasoa�ably �vi�hl�ield. ' ' iit'.I:�ii:tJSpcCs!�O!tdiIIS.�;;:: C�� i°:"r'�)i�7lE�:';Sff'Oii..''16i:'els:�, , .,,'.fl t :�:i=:r� _'�I:L � �`. � The Owner and Contractor waive all rights against each other and the Subcontractors and thzir agents and employees and against the Engineer and separate Contractors (if any) and their Subcontractors' � agents and employees,for damages caused by�re or other perils to the extent covered by insurance provided under this section or any other property insurance applicable to the work. 6.1.5 Contractural Liability Insurance: To the fullest extent permitted by law, the Contractor shall � indemnify and hold harmless the Owner and the Engineer and their agents and employees from and against all claims, damages, losses and expenses, including but not limited to attorneys' fees arising � out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1)is attributable to bodily injury, sickness, disease or death, or to injury to or destruction of tangible property (other than the Work itsel� including the loss of use resulting therefrom, and ' (2) is caused in whole or in part by any negligent act or omission of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable, regardless of whether or not it is caused in part by a party indemnified , hereunder. Such obligation shall not be construed to negate, abridge or otherwise reduce any other right or obligation of indemnity which would otherwise exist as to any party ar person described in , this Section. In any and all claims against the Owner or the Engineer or any of their agents or employees by any , employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,the indemnification obligation under this Section shall not be limited in any way by any limitation on the amount or type of damages, ' compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or workmen's compensation acts, disability benefit acts or other employee benefit acts. 6.1.6 Minimum Insuzance Requirements: Losses other than those covered by insurance s�all be the . � sole responsibility af the Contractors. The insurance requirements as set forth herein shall be considered to be minimum requirements only. Any other insurance that may be necessary to provide � adequate coverage must be provided by the Contractors and shall be their sole responsibility. 6.1.7 Boiler Insurance: If a permanent boiler is to be installed as part of the project, the Owner will ' be responsible for maintaining all boiler and machinery coverage. This coverage will be placed in effect when the equipment is ready for inspection and operation. This coverage shall include the ' interests of the Owner, the Contractor, Subcontractors and Sub-Subcontractors. 6.2 PERFORMANCE AND OTHER BONDS ' 6.2.1 Contructor shall furnish Ferformat�ce and P'ayment Bonds, each in an atnoui�t at least equal to the Contract Price as security for the faithful performance and payment of all Contractor's � obligations under the Contract Documents. These Bonds shall remain in effect at least until one year after the date of final payment, except as otherwise provided by law. Contractor shall also fnrnish such other Bonds as are required by the Contract Documents. All Bonds shall be in the forms � prescribed by the Contract Docur�ents and be executed by such Sureties as (A) are licensed to conduct business in the state where the Project is located, and (B) are named in the current list of Companies Holding Certificates of Authority as Acceptable Sureties on Federal Bonds and as ' Acceptable Reinsuring Companies" as published in Circular 570 (amended) by the Audit Staff Bureau of Accounts,U.S.Treasury Department. All Bands signed by an agent must be accompanied by a certified copy of the aa�thority to act. ' GeneraUSpecs/Condtns.ger, 0 1496 Boneshoo,Rosene, ' :2nderEik&Associates,:nc. - j(�- � � 6.2.2 If the Surety on any Bond furnished by Contractor is declared bankrupt or becomes insolvent or its right to do business is terminated in any state where any part of the Project is located or it � ceases to meet the requirements of clauses (A) and (B) of Paragraph 6.2.1, Contractor shall within five days thereafter substitute another Bond and Surety,both of which shall be acceptable to Owner. � 6.3 PATENTS. FEES AND ROYALTIES Contractor shall pay all license fees and royalties and assume ail costs incident to the use in the ' performance of the Work of any invention, design, process, product or device which is the subject o f 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 sha11 be disclosed by � Owner in the Contract Documents. Contractor shall indemnify and hold harmless Owner and Engineer and anyone directly or indirectly employed by either of them from and against all claims, damages, losses and expenses (including attorneys' fees) arising out of any infringement of patent � rights or copyrights incident to the use in the performance of the Work or resulting from the incorporation in the�1Vork of any invention, design, process, product or device not sgecified in the Contract Documents, and shall defend all such claims in connection with any alleged infringement ' of such rights. � �.4 PERMITS AND LICENSES � _ All permits and licenses necessary for the prosecution of the Work shall be secured by the Contractor prior to the commencement of the Work. Contractor shall also pay all public utility charges, ' governmental charges and inspection fees. 6.5 LAWS. REGULATIONS AND SAFETY � b.5.1 Contractor shall give all notices and comply with all laws, ordinanees, nales and regulations ' applicable ta the Work. If Cantractor observes that the Specifications or Drawings are at vasiance therewith,he shall give Engineer prompt written notice thereof, and any necessary changes shall be ac�justed by an appropriate Change Order or other Modification. If Contractor performs any Work � knowing c�r being in a position to know it to be contrary to such laws, ordinances, rules and r-egulations, an�without such notice to E�gineer, he shall bear all cost� arising therefrom; however, it shal] not be his primary responsibility Co make certain that the Specifications ar�d Drawirta ar� it� - � accordacac� ��:th su�h l�ws, ordinan�es, rules and regulations. 6.�.2 �'c�ntractdr shall bc regponsibie f�r• initiating, maintaining and supervising all safety t precaution� and programs in�Qnnection with the Work. He shall take all necessary precautions for the saf�ty of, and shall provide the necessary protection to prevent damage, injury or loss to: � (aJ All emp��yees c�n the Work and other persoras who inay be affected thereby; � G�n�;raUS��csi�un�ltns.geci �7946 BonE;strrw,Rosene, � :�7c;�.`s�.F__'.ss_:iatc;�.,In�� _ ?7 _ � (b) All the Work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and � (c) Other property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements, roadways, structures and utilities not designated for removal, relocation or � replacement in the course of construction. 6.5.3 Contractor shall comply with all applicable laws, ordinances, rules, regulations and orders of � any public body having jurisdiction for the safety of persons or property or to protect them from damage, injury or loss. He shall erect and maintain, as required by the conditions and progress of the Work, all necessary safeguards for its safety and protection. He shall notify owners of adjacent ' utilities when prosecution of the Work may affect them. All damage, injury or loss to any property referred to in Section 6.5.2(b) and (c) caused, directly or indirectly, in whole or in part, by Contractor, any Subcontractor or any directly or indirectly employed by any of them or anyone for � whose acts any of them may be liable, shall be remedied by Contractor. Contractor's duties and responsibilities for the safety and protection of the Work shall continue until such time as all the � Work is completed and Engineer has issued a notice to Owner and Contractor that Work is acceptable. 6.5.4 Contractor shall designate a responsible member of his organization at the site whose duty � shall be the prevention of accidents. This person shall be Contractor's superintendent unless otherwise designated in writing by Contractor to Owner. ' 6.5.5 Contractor agrees to indemnify the Owner and Engineer and their agents and employees against all claims, demands, losses, damages and expenses (including attorneys' fees) arising out of , or resulting from the Contractor's violation of any safety law, regulation �r code (including without - limitation OSHA) or any other prudent precaution. 6.6 WARNING SIGNS AND BARRICADES ' The Contractor shall provide adequate signs, barricades, colored lights and/or watchmen and take � all necessary precautions for the protection of the Work and the safety of the public. All barricades and obstr�ctions shall be protected at night by colored signal lights which shall be kept in operation ' from sunse�to sunrise. SECTION 7 � ENGINEER-OV�/NER-CONTRACTOR RELATIONS: ARBITRATION: INDEMNI�FTCATION � 7.1 ENGINEER'S STATUS AND AUTHORITY 7.1.1 Engineer will be Owner's representative during the construction period. The duties and � responsibiYities and the ]imitations of authority of Engineer as Owner's representative during construction are set forth_in the Contract Documents and shall not be extended without written � consent of Owner and Engineer. � GeneraUS pccs/Condtns.gea O 1996 8onestsoo,RosPne, , Ar.dcrlik&Associates,1nc. - 1 g - � � 7.1.2 Engineer will make visits to the site at intervals appropriate to the various stages of construction to observe the progress and quality of the executed Work and to determine, in general, ' if the Work is•proceeding in accordance with the Contract Documents. Engineer is not required to make exhaustive or continuous on-site inspections to check the quality or quantity of the Work. On the basis of such visits and on-site observations,Engineer will keep Owner informed of the progress ' of the�1Vork anci will endeavor to guard Owner against defects and deficiencies in the Work. 7.1.3 If Owner and Engineer agree, Engin�er will furnish a resident project representa�ive to assis� � Engineer in observing the performance of the Work. The Resident Project Representative shall work under the authority and direction of the Engineer. The duties and responsibilities of the Resident � Project Representative shall not exceed those duties and responsibilities of the Engineer as set forth in the Contract. It shall be to the discretion of the Engineer to delegate to the Resident Project Representatzve those duties and tasks that are within the authority of the Engineer to perform. In � general, the duties of the Resident Project Representative may consist of, but shall not be limited to, the following: � l. General contract administration. 2. Periodic �bservation of the work. i � 3. Unit price quantity and record plan measurements. ( � 4. Schedule, perform and verify tests and inspections. 5. Monitor Contractor's progress performance. � ' 6. Provide information for the Engin�er`s review and decision concernin dis utes and g P defective work. � � 7.1.4 En ineer will issue with reasonable rom tness such wri ' g p p tten claxificatior�s or�nterpretations , of the Contract Documents (in the form of Drawings or otherwise) as Engineer may determine inecessary, which shall be consistent with or reasona�ly inferable from the overall intent of the Cantract Documents. If Contractor believes that a written clarification or interpretation justifies an � inerease in the Contract Price or Contract Time, Contra�tor may make a claim zherefor as provided in Section 10 or Section 11. � 7.1.5 Engin�er will have authority to disapprove or reject Work which is defective, and will also have authority to require special ins��ction ar testing of the Work as pravided in Paragraph 8.10, whether or not the Work is fabricated, installed or complet�d. The Engineer shall not have charge � of ar c�nzrol over the Work and shall have na authority tQ ston the VVark. � � .:� cr,i.�S:, ..-'�,.,::i?Zs.��E-� ::�� _, � �'�,*.�yc_ � .�c: �.._ , , .. . - . - ' � 7.1.6 Neither Engineer's authority to act under this Section 7 or elsewhere in the Contract Documents nor any decision made by Engineer in good faith either to exercise or not exercise such , authority shall give rise to any duty or responsibility of Engineer to Contractor, any Subcontractor, any manufacturer,fabricator, supplier or distributor, or any of their agents or employees or any other person performing any of the Work. ' 7.1.7 If a Resident Project Representative is assigned to the project, the purpose of his efforts shall be to provide a greater degree of assurance to the Owner that the Work is constructed in conformance � to the requirements of the Contract. The Resident Project Representative's efforts are for the benefit of the Owner alone. Neither his authority to act nor his decision to exercise or not exercise such authority shall give rise to any duty or responsibility to the Contractor, any Subcontractor, any ' manufacturer, fabricator, supplier or distributor, or any of their agents or employees or any other person perfornung any of the Work. The Resident Project Representatives authority shall not exceed limitations on Engineer's authority as set forth in the Contract Documents nor shall the Resident � Project Representative undertake any of the responsibilities of Contractor, Subcontractors, or Contractor's Superintendent. � 7.1.8 Whenever in the Contract Docurnents the terms "as ordered", "as directed", "as required", "as allowed", or terms of like effect or import are used, or the adjectives "reasonable", "suitable", "acceptable", "proper", or "satisfactory", or adjectives of like effect or import are used to describe � requirements, direction, review or judgment of Engineer as to the Work, it is intended that such � requirements,direction,review or judgment will be solely to evaluate the Work for compliance with ' the Contract Documents. The use of any such term or adjective never indicates that Engineer shall I have authority to supervise or direct performance of the Work or authority to undertake responsibility contrary to the provisions of Paragraphs 7.1.9 or 7.1.10. ' � 7.1.9 Engineer will not be responsible for Contractor's means, methods, techniques, sequences or procedures of construction, or the safety precautions and programs incident thereto, and Engineer � � will not be responsible for Contr�ctor's failure to perform the Work in accordan�e with the Contract Documents. 7.1.10 Engineer will not be responsible for the acts or omissions of Contractor or of �n '' Y Subcontractors, or of the agents or employees of any Contractor or Subcontractor, ar nf an}� other persons at the site of otherwise performing any of the Work. � 7.2. CONTRACTOR'S RESPQNSIBII.ITIES 7.2.1. The � Contractor shall superv�se and direct the work competently and etficiently, devoting such attention thereto and applying such sl:ills and expertise as may be necessary to perform the work in accordance with the Contract Documents. The Contractor shall be solely responsible for the means, p methods, techniques, quality of workmanship, sequences and procedures of construction. The Contractor shall be responsible to see that the finished work complies accurately with the Contract I�ocument5. � � GeneraUSpecs,'Condtns.gen G 1946 Bones?roo,Rosec;e, � Ander';ik 8r Associates,Inc. -ZQ- � ' A competent superintendent, who is acceptable to the Owner, shall be maintained on the Work site and give efficient supervision to the Work until its completion. The superintendent shall have full � authority to act on behalf of the Contractor,and all communications given to the superintendent shall be as binding as if given to the Contractor. It shall be the responsibility of the Contractor's superintendent to coordinate the work of all the Subcontractors. When required, the superintendent � shall be present on the site to perform adequate supervision and coordination. Contractor shall provide competent, suitably qualified personnel to survey and lay out the Work and � perform construction as required by the Contract Documents. Contractor shall at all times maintain good discipline and order at the site. � The Contractor shall at all times be responsible for the conduct and discipline of his employees and/or any Subcontractors. All workmen must have sufficient knowledge, skill and experience to � perform properly the work assigned to them. Any foretnan and workman employed by the Contractor or Subcontractor who does not perform his work in a skillful manner, or appears to be incompetent or to act in a disorderly or intemperate manner shall be removed immediately and shall ' not be employed again in any portion of the Work. 7.2.2. The Contractor'� duties with respect to materials, equipment, inspection and workmanship � are set forth in Section 8. - 7.2.3. The Contractor's duties witl� respect to progress of the work are set forth in Section 3, � paragraphs 3.6, 3.7, 3.8 and 3.9. 7.2.4. The C�ntractor' duties with respect to insurance and bonds, legal responsibility and safety are � set forth in Section C. 7.3. OWNER'S RESPONSIBILITIES � 7.3.1. The Owner shail issue all communications to the n r � �� r Co t actor through �h:; �ngineer. � 7.3.2. The Owner shall furnish the data required of the Owner under the Contract Documents promptly and shall mak�payments as provided to the Contractor promptly after they are due. i7.3.3. The Owner's duties in respect of providing lands and easements and providing engineering surveys to establish reference points are set forth in paragraph 5.1 and 5.3. The Owner shall make ' available to the Contra�tor copies of reports of investigations and tests of subsurface and latent physical conditions at the site or atherwise affecting performance of the wark which have been relied upon by the Engineer in preparing the drawings and speci�cations. Such reports are not guaranteed � a� to accuracy �r c�mpleteness and are not part of the Contract Documents. 7.3.4. In cor�nection with the Owner's rights to request changes in the work in accordance with � Section 10, the �Jwner(especialiy in certain instances as provided in paragraph 10.4) is obligated to eXecute Ch�nge Orders. ' G�n��al.!4a:�cs/Condtns.g�n !t'� 19°6 2a;ae,Lou,�2c�s;.n+�. � .,_ ' t.r. . .„_ — �—': — .��s:;�r3i!c�r • +,-;c.su 4.�:' ' ' 7.3.5. The Owner's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph 8.10.2. r 7.3.b. In connection with Owner's right to stop work or suspend work, see paragraphs 8.17 and 121. � Paragraph 12.2 deals with the Owner's right to terminate services of the Contractor under certain circumstances. 7.4 ASSIGNMENT OF CONTRACT � The Contractor shall neither sublet, sell, transfer, assign or otherwise dispose of the Contract or any � portion thereof, or of his right, title or interest therein, or his obligations thereunder, nor, if this Contractor is a corporate entity, sublet, sell, transfer or assign a majority of the outstanding shares of stock in the corporation, without prior written consent of the Owner. In case written consent is � given,the Contractor will be permitted to sublet a portion of the contract or corporate stock thereof, but shall perform,with his own organizadon,Work amounting to not less than 50 pereent of the total original contract price. No subcontracts or transfer of contract or corporate stock shall release the ' Contractor of his liability under the Contract or Bonds. 7.5 RIGHTS OF VARIOUS INTERESTS � Wherever Work being done by the Owner's forces or by other Contractors is contiguous to Work � covered by this Contract, the respective rights of the various interests involved shall be established by agreement to secure the completion of the various portions of the Work in general harmony. � 7.6 SEPARATE �CONTRACTS � The Owner may let other contracts in connectioti with the Work of the Contractor. The Contractor � shall cooperate with other Contractors with regard to storage of materials and execution of their Work. It shall be the Contractor's responsibility to inspect all work by other Contractors affecting his Work and to report to the Engineer any irregularities which will not pernut him to commence or � complete his work in a satisfactory manner. His failure to notify the Engineer of such irregularities shal] indicate the work of other Contractors has been satisfactorily compteted to receive his Woric. The Contractor shail not be responsible for defects of which he could not have known through � reasonable inspection thereof, which develop in the Work of others after the Work is completed. It shall be the responsibility of the Contractor to measure the completed work in place and report to the Engineer immediately any difference between completed work by others and the Drawings. � � � � GeneraUSpe�s/Condtns.�en �1996 Bonestroo,Rosene, � Ar.der}ik Rc Associates,lnc. - 22- � � 7.7 SUBCONTRACTS � Nothing herein shall create any legal relationship between the Owner or Engineer and any Subcontractor, and no Subcontractor shall have any rights under this Contractor's agreement with the O,�vner. The Contractr,r's award of subcontr�cts shall be subject to the following: � 7.7.1 L'nless otherwisc s ecified in the Ccantract Documents the Contractor sha P , ll, upon receipt of � the executed Contract Documents, submit in writing to the Owner the names of the Subcontractors proposed for the Work. Subcontractors may not be changed except at the request or with the consent of the Owner. Contractor shall not employ any Subcontractor or other person or organization � (including those who are to furnish the principal items of materials or equipment), whether initialiy or as a substitute against whom Owner or Engineer may have reasonable objection. A Subcontractor or other person or organization identified in writing to Owner and Engineer by Contractor prior to � the Notice of Award and not objected to in writing by Owner or Engineer prior to the Notice of Awa�-d will be deemed acceptable to Owner and Engineer. Acceptance of any Subcontractor, other person or organization by Owner or Engineer shall not constitute a waiver of any right of Owner or � Engineer to reject defective Wark. If Owner or Engineer after due investigation has reasonable objection to any Subcontractor, other person or organization proposed by Contractor after the Notice of Award, Contractor shall submit another acceptable Subcontractor at no change in the Contract ' Pi•ice. Contractor shall not be required to employ any Subcontractor, other person or organization against whom Contractor has reasonable objection. � 7.7.2 Contractor shall be fully responsible for all acts and omissions of his Subcontractors and of - persons and organizations directly or indirectly employed by them and of persons and organizations � for whose acts any of them may be liable to the same extent that Contractor is responsible for the acts and omissions of persons directly employed by Contractor. Nothing in ti�e Contract Documents sh�ll cyreate any contractual relat�onship between Owner or Engineer and any Subcontractor or other � person or organization having a direct contract with Contractor, nor shall it create any obligatior� on the part of Owner or Engineer to pay or to see to the payment of any moneys due any Subcor�tractor ar other persan or organization, except as may otherwise be required by law. Owner or Engineer � rr�ay furnish to any Subcontractor or other person or organization, to the extent practicable, evidence af amounts paid to Contractor on a�count of specific Work done. � '7.7.3 The divisions a�d sections of the Spe�ifications and the identifications of any Drawings shall n�t contrdl Contractor in dividing the V�Iork among Subcontractors or deline�ting the Work ta be �erf�;;r�e� �?� .�r�y ��eci�a�- tz�zde. � 7.7.4 �,�� 1t�ork perf�r�rrie�� or C;�r�tractc�r by a Su��c�ntravt�r v�il� �e �ursuar�t tio �� ap�r�priat�� agreemerlt between Contractor and the Subcontractor which specifically binds the Subeontractor to � �he applicable terms and conditions of the Cantract Documents for the benefit of Owner and Engineer�nd contains waiver prc�visi�ns as required by paragraph 6.1.4. Contractor shall pay each Subcantractor a just share of an� insurance moneys received by �ontractor on account of losses ', under rolicies issued p��rsuant to paragraph 6.1.4. ' '_i41'f14:i�'s/�C.�jj.C:C:J!�.CFi Ji 1'.i.}ytJe c � '•395 F3�nestr:�r.,lZe�e}x�e, � ...'�:�T1i�...'Y:`le�c,l.�l�.e�e� Sfl'��. G.� �. � � 7.8 ORAL AGREEMENTS � No oral order, objection, claim or notice by any party to the others shall affect or modify any of the tern�s or obligations contained in any of the Contract Documents, and none of the provisians of the � Contract Documents shall be held to be waived or modi�ed by reason of any act whatsoever, other than by a definitely agreed upon waiver or modification thereof in writing, and no evidence shall be introduced in any proceeding of any other waiver or modification. � 7.9 NOIv'DISCRIMINATION IN EMPLOYMENT For Work under these Contract Documents, the Contractor agrees: � (a) That in the hiring of common or skilled labor for the perforir�ance of any work under this ' Contract or any subcontract hereunder, no Contractor, material supplier or vendor shall, by reason of race,creed, color or national origin, discriminate against the person or persons who are qualified and available to perform the Work to which such employment relates; � (b) That no Contractor, material supplier or vendor shall, in any manner, discriminate against or intimidate or prevent the employment of any person or persons, or on being hired, prevent , or conspire to prevent any person or persons from the performance of the Work under this - Contract on account of race, creed, color or national origin. � (c) Violation of this section shall be cause for cancellation or termination of th� Agreement � between �wner and Contractor. � 7.10 DBC�SI..�'aNS Old DISAGREEMENT� 7.10.1 Claims, disputes, disagreements, or other rnatters in questic�n between the Cantractor and the � Owner relating to the execution or progress of the Work or the interpretation of the C�ontract Documents shall be referred initially to the Engineer for decision which he wili rer�der in writing � within a reasonable tirt�e. 7.10.2 Any claim, dispute, disagreement or other matter that h�s been referred to tlie Engineer, � except any which has been waived by the rnaking or acceptance of final payment, shall be subjec[ to arbitration under Paragraph 7.11 below upon the written d�mand of either party. However, no demand for arbitration of any such claim, dispute or other matter may be made until the earlier of � the date on which the Engineer has rendered his written decision, or the tenth day after the parties have presented their evidence ta the Engineer or have been given a reasonable opport�.�nity to do so, � if the Engi��eer has not rend�red his written ciecision by that date. � ' Geo•r,ral/5pecs/Condtns.gen m 1995 Bonestroo,RusN�ie, � Anc4etlik&Associat�s,Inc. -24- 1 7.10.3 If a decision of the Engineer is made in writing and states that it is final but sub'ect to a eal J �P , no demand for arbitration of a claim, dispute or other matter covered by such decision may be made � later than thirty days after the date on which the party making the demand received the decision. The failure to demand arbitration within said thirty days' period will result in the Engineer's decision becoming final and binding upon the Owner and the Contractor. If the Engineer renders a decision � after arbitration proceedings have been initiated, such decision may be entered as evidence but will not supersede any arbitration proceedings unless the decision is acceptable to the parties concerned. � 7.11 ARBITRATION � 7.11.1 All claims, disputes and other matters in question arising out of, or relating to, the Contract Documents or the breach thereof, except for claims which have been waived by the making or acceptance of final payment, or barred by failure to demand arbitration within the time lirnits � speeified, shall be decided by arbitration in accordance with the Construction Industry Arbitration Rules of the American Arbitration Association then obtaining unless the parties mutually agree otherwise. Pre-arbitration discovery shall be conducted in accordance with Rules 26 through 37 of the Federal Rules of Civil Procedure. No arbitration relating to the Contract Documents shall � include by consolidation,joinder or otherwise, any person or entity (including the En ineer), not a g party to this Agre�ment without the written consent of such other person or entity. This agreement � to arbitrate shall be specifically enforceable under the prevailing arbitration law. Th�award rendered by the arbitrators shall be fina1, and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction. � . 7.11.2 Notice of the dem�nd for arbitration shall be file ' d m writmg with the other party to the � Cantract and with the American Arbitration Association, and a copy shall be filed with the Engineer. The demand for arbitration shall be made within the time limits specified and in all other cases - within a reasonable time after the claim, dispute or other matter in question has arisen, and in no � event shall it be made after the date when institution of legal or equitable proceedings based on such claim, dispute, or other matter in question would be barred by the applicable statute of limitations. � ?.11.3 The Contractor shall carry on the Work and maintain the progress schedule during any arbitration or other legal proceedings, unless otherwise agreed by him and�he Own�r in writing. � 7.12 INDEMNIFICATION To rhe fullest extent permitted by law, the Contractor shall indemnify and hold harmless the Owner � and the Engineer and their agents and employees from and against all claims, damages, losses and �xpenses,including but not limited to attorneys'fees arising out of or resulting from the performance of Work provided that any such claim, damage, loss or expense (1) is attributable to bodily injury, � sickness, disease or c�eath, or to injury to or destrucfion o�tangible property �othe�fia�he�Vor�C itsel� including the loss of use resulting therefrom, and (2) is caused in whole or in part by any � negligent act or omissic�n of the Contractor, any Subcontractor, anyone directly or indirectty employed by any of them or anyone for whose acts any of them may be liable, regardless of whether �r not it is caused m part by a party indemnified hereunder. S�ch abligation shall not be construed � to negate, abridge or otherwise reduce any other right or obligation of indemnity vvhich would �thervvise exist �s �o any par�y c�r person desc�ibed in this S�ctior_. � '.i".'i?L:-:l;/'.r):;;'.�',l��'..()�l:;i._15.oC:i v i`'}`i•��, ' ;itU!t,�'�OSI'.RC, � � rt -...�jq: '4 ..... �_"g5,�a+r, -,:,,1 ' i � In any and all claims against the Owner or the Engineer or any of their agents or employees by any employee of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them or anyone for whose acts any of them may be liable,the indemnification obligation under this � Section shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable by or for the Contractor or any Subcontractor under worker's or � workmen's compensation acts, disability benefit acts or other employee benefit acts. SECTION 8 � MATERIALS. EOUIPMENT INSPECTION AND WORKMANSHIP 8.1 MATERIALS AND EOUIPMENT FURNISHED BY CONTRACTOR � 8.L 1 Contractor shall furnish all materials,equipment, labor,transportation,construction equipment �� and machinery, tools, appliances,fuel,power,light, heat,telephone, water and sanitary facilities and all other facilities and incidentals necessary for the execution, testing, initial operation and completion of the Work. � 8.1.2 All materials used in the Work sha11 be of good qua�ity, new unless otherwise provided for in � the Contract Documents, shall meet the requirements of the Specifications, and shall not be incorporated into the Work until reviewed by the Engineer. If required by Engineer,Contractor shall � furnish satisfactory evidence (including reports of required tests) as to the kind and quality of � materials and equipment. 8.1.3 All materials and equipment shall be applied, installed, connected, erected, used, cleaned and � conditioned in accordance with the instructions of the applicable manufacturer, fabricatar, supplier or distributor, except as otherwise provided in the Contract Documents. 8.2 EOUI�ALENT MATERIALS AND EQUIPMENT � Whenever tnaterials or equigment are specified or described in the Drawings or Specificatio�s b_y � using the name of a proprietary item or the name of a particular manufacturer, fabricator, supplier or distributor, the naming of the item is intended to establish the type, function and quality required. Unless the name is followed by words indicating that no substitution is permitted, materials or ,� equipment of other manufacturers,fabricators,suppliers or distributors may be accepted by Engineer if sufficient information is submitted by Contractor to allow Engineer to determine that the material � or equipment proposed is equivalent to that named. The procedure for review by Engineer will be as set forth in paragraphs 8.2.1 and 8.2.2 below as supplem�nted in the �General and Specific Requiremer.ts. � � � General/S pecs/Condtn s.gen :� ;9�6 3onestroc�,,Rosene, � Anderlik&Associates,Inc. -2s- � � 8.2.1 Requests for review of substitute items of material and equipment wiil not be accepted by Engineer from anyone other than Contractor. If Contractor wishes to furnish or use a substitute item � of material or equipment Contractor shall make written application to Engineer for acceptance thereof, certifying that the proposed substitute will perform adequateiy the functions called for by the general design, be similar and of equal substance to that specified and he suited to the same use � and capable of performing the same function as that specified. The application will state whether or not acceptance of the substitute for use in the Work will require a change in the Drawings or Specifications to adapt the design to the substitute and whether or not incorporation or use of the � substitute in connection with the Work is subject to payment of any license fee or royalty. All variations of the proposed substitute from that specified shall be identified in the application and available maintenance, repair and replacement service will be indicated. The application will also ,�, contain an itemized estimate of all costs that will result directly or indirectly from acceptance of such substitute, including costs of redesign and claims of other Contractors affected by the resulting � change,all of which shall be considered by Engineer in evaluating the proposed substitute. Engineer may require Contractor to furnish at Contractor's expense additional data about the proposed substitute. Engineer will be the sole judge of acceptability, and no substitute will be ordered or � installed without Engineer's prior written acceptance. Owner may require Contractor to furnish at Contractor's expense a special performance guarantee or other surety with respect to any substitute. � 8.2.2 Engineer will record time required by Engineer and Engineer's consultants in evaivating substitutions proposed by Contractor and in making changes in the Drawings or Specifications � occasioned thereby. Whether or not Engineer accepts a proposed substitute, Contractor shall � reimburse Owner for the charges of Engineer and Engineer°s consultants for evaluating any proposed substitute. � 8.3 MATERIALS FU�ZNISHED BY OWNER � 8.3.1 Materials sPecifically indicated shall be furnished by the Owner. Bafore incorporating anv of the materials into the Work, the Contractor shall inspect the materials so furnished by the C��ri��r. If the Contractor drscovers any patent defects in material furnished by the Clwner, he shall notify the � ��gineer. 8.3.2 Uniess otherwis.,noted or speci�catly stated, materials furnished by the Owner are considered � to be f.a.b. the nearest railroad station or truck line. The CQntractor shall transport the materials to the job site, unload and properly protect all such materiais from damage or loss. The Contractor shall be responsible far material lass or damage after receipt of materials at the point of delivery. � — - _ _ _ - _ . 8.4 ST(�RAGE OF MA'�ERIALS 1 Materials shall be sa stored by the Contractor as to insure the preservation of iheir quality and fitness for the Work. When cons�dered necessary, they shall be placed on wooden platforms or other hard, clean surfaces, and/or they shall be placed under cover and not on the ground. Stored mater�als shall � 6e �ocated so as �o faciiitate �rompt inspection. Private prope�ty shall not be used for storage �zurpc�ses without the writte� permissian of the 4wner or lessee ther�af. � •�t,�,-_aa'v�:�rsl:_cn:ir.�s.ge;: .- .,_;i:nnestr:ro,Ros�rte, � ,<".. < <"A.1�f.'C7H;lt0.g.2l3fi. -.�/ - � � 8.5 SAMPLES All samples �alled for in the Specifications or required by the Engineer shall b� furnished by the � Contractor and shall be submitted to the Engineer for his review. Samples shall be furnished so as not to delay the commencement or completion of the Project. The Contractor shall furnish such � samples of material as may be required for examination and testing. All materials and workmanship shall be in accordance with approved samples. All samples of materials for tests shall be tak�n according to methods provided for in the Specifications. � 8.6 FURNISHING OF PRODUCT DATA Product Data are illustrations, standard schedules erformanc � , p e charts, instructions, brochures, diagrams and other information furnished by the Contractor to illustrate a material,product or systern for some portion of the Work. � 8.6.1 The Contractor shall furnish one copy, or such additio.lal eopies as may be required by the � Special Provisions, of complete Product Data for every manufactured item of equipment and all components to be used in the Work,including specific performance data,material description,rating, capacity,warking pressure,material gage or thickness,brand name,catalog number and general type. � i 8.6.2 This data shall be compiled by the Contractor and reviewed by the Engineer before any of the � equipment is ordered. � 8.6.3 All data shall be indexed according to specification section and paragraph for easy reference. ��8.6.4 After review, this data shall become a part of the Contract, and may not be deviated from except upon written approval of the Engineer. 8.6.5 Product Data for e ui ment reviewed b the En ineer does n � Q p y g ot in any case supersede the Contract Documents. The review by the Engineer shall not relieve the Contractor from responsibility for deviations from Drawings or Specifications unless he has in writing called the Engineer's � attention to such deviations at the time of furnishing said data. Nor shall such review relieve the Contractor from responsibility for errors of any sort in the items furnished. The Contractor shall � check th� Work described by the Product Data with the Contract Documents for deviations and errors. 8.6.6 It shall be the responsibility of the Contractor to insure that items to be furnished fit the space � available. He shall make necessary field measurements to ascertain space requirements, including those for connections, and shall order such sizes and shapes or equipment that the final installation � shall suit the intent and meaning of the Drawings and Specifications. 8.6.7 Where equipment requiring different arrangement of connections from those shown is allowecl, � it shall be the responsibility of the Contractor to install the equipment so as to allow for praper operation and in harmony with the intent of the Drawings and Specifics�tions, and to rnake all changes in the work required by the different arrang�anent of connections. � GeneraJ/SpecsiCondtns.gen � O 1415 Borestroo,Rosene, ;�•:�der:ik&Associates,.a�c. -2$ - i � 8,6.8 Product Data shall be promptly submitted by the Contractor after he has reviewed, checked and approved the data to determine if they are in harmony with the requirements of the Project and � with the provisions of the Contract Documents and after he has verified all field measurements and construction criteria, materials, catalog numbers and similar data. In submitting the Product Data, the Contractor certifies that the work represented by the data has been coordinated with the Contract � �ocuments and all relevant field cor,ciitions. 8.; QU�LITY OF E�UIPIVIENT AND MATERLALS � 8.7.1 In order tQ establAsh standards of ualit� ttie Er, ineer in th �� ' � q y, g , e Spec.�rcations, has referred t� certain products by name and catalog number. This procedure is not to be construed as eliminating � from competition other products of equal or better quality by other manufacturers where fully suitable in design unless otherwise specifically stated in the Specifications (see Section 8.2 for � substitution procedure). If a product referenced by catalogue name or number is no longer av��i2able, Contractor shall recommend to Owner and Engineer another product of comparable quality. � 8.7.2 The Contractor shall furnish the complete list of proposed desired substitutions prioi• to executing the Agreement, together with such engineering and Product Data as thr Engis�eer may require. � 8.7.3 The Contractor shall abide �y the Engineer's recommendation when proposed substitut� � materials or items of equipment are not re,commended for installation and shall furnish the specifiecl � Iraterial or item of equipment in such case. All proposals for substitutions shall be submitted in . writing by the General Contractor and not by individual trades or material suppliers. The Engineer wi�i reviev.� prapostd s��bstitutions and m�ke h:s recs�mmenda?ion in wi-it;ng within a reason�b�� tim�. �.8 SHOP DRAWINCS � , b.8.1 The Contractor shall provide Shop Drawings, settings, schedules anc��ic;h other drawi��s �::� lnay be necessary �ar the prosecution of the Work in the shop and in the field as required �y the ' Drawings, Specifications or Engineer's instructions. Deviations from the Drawings an� Specifications shall be called to the attention of the Engineer at the time of the first submission of � Shop Drawings and other drawings for approval. The E�gineer's revgew of any drawings shall nos: reiease the Cor�tra�tc;r fror-i responsibility for such devaations. � 8.8.2 Sho�Drawings shail be�rc�mntiv�su_hmitted t�y th�Curitcactor a.`Eer he has revie��, ch�eked and approved the data to determine that they are in harmony with the requirements of the Project and with the provisions of the Contract Documents and after he has verified all field measurements and � �onstruction criteria,materials,catalog numbers and similar data. By submitting the Shop Urawings, the Contractor certifies that the work represented by the Shop Drawings has been coordinated with the Cc�ntract �ocur�ents �nd �I� rele��a�t field condition�. � � c�e�:,railSpecsl€�oa,t�tns.geza s; t946R2nw.str�a,lte*sene. � ..,e�i-`?i�-<_� .-_,. :,�ea'�.�'.,1t°�. � �� — - � 8.8.3 Shop Drawings shall be submitted according to the following schedule: � (a) Not less than three copies or such other number of copies as may be required by the Special � Provisions shall be submitted with reasonable promptness and in such sequence as to prevent delay of the Work. (b) The Engineer shall, within fourteen (l4) days of the submittal of an Sho Drawin s return � Y P g , one copy to the Contractor marked with Engineer's comments. (c) The Contractor shall then rom tl make an necessa corrections or c • , � p p y y ry hanges to �he Shop Drawings to conform to the comments made by the Engineer. � (d) Following completion of such corrections or changes, the Contractor shall promptly resubmit to the Engineer the required number of copies of the revised Shop Drawings. � 8.8.4 Engineer will review with reasonable promptness Shop Drawings and samples,but Engineer's review shall be only for conformance with the design concept of the Project and for compliance with � the information given in the Contract Documents and shall not extend to means,methods,sequences, techniques or procedures of construction or to safety precautions or programs incident thereto. The review of a separate item as such will not indicate review of the assembly in which the item � functions. Contraetor shall make any corrections required by Engineer and shall return the required number of corrected copies of Shop Drawings and resubmit new samples for review. Contractor shall direct specific attention in writing to revisions other than the corrections called for by Engineer � on previous submittals. Contractor's stamp of approval on any Shop Drawing or sample shall . constitute a representation to Owner and Engineer that Contractor has either determined and veri�ed all quantities, dimensions, field construction criteria, materials, catalog numbers, and similar data !� or assumes full responsibility for doing so, and that Contractor has reviewed or coordinated each Shop Drawing or sample vvith the requirements of the Work and the Contract Documents. � 8.8.5 Where a Shop Drawing or sample is required by the Specifications, no related Work shall be commenced until the submittal has been reviewed by Engineer. ' 8.8.6 Engineer's review of Shop Drawings or samples shall not r�lieve �ontractor from responsibility for any deviations from the Contract Documents unless Contractor has in writing , called Engineer's attention to such deviation at the time or submission and Engineer has given written concurrence with the specific deviation, nor shall any concurrence by Engineer relieve Contractor from responsibility for errors or omissions in the Shop Drawings. � 8.9 ACCESS TO AND OBSERVATION OF SYORK $.9.1 Engineer and Engineer's representatives, other representatives of Owner, testing agencies and � governmental agencies with jurisdictiunal interests will have access to the Work at reasonable times for their observation, inspection and testing. Contractor shall provide proper and safe conditions for � such access. � GenerallSpeLs/Condlns.t en �i99u Bonestroo,Rosene, l;nderlik&Associates,Inc, - 30- � � � 8.9.2 All materials and equipment and each part or detail of the W�rk shall be subject at all times to observation by the Engineer and the Owner, and the Contractor will be responsible for strict � adherence to the intent of the Contract Documents in regard to quality of materials, workmanship, and the diligent execution of the Work. Such observations may include mill, plant, or shop inspection,and any material furnished under these Specifications is subject to such observation. The � Engineer and Owner shall be allowed access to all parts of the Work and shall be furnished with such infonnation and assistance by the Contractor as is required to make such observations. � 8.i 0 TESTS AND INSPECTIONS � 8.10.1 Contractor shall give Engineer timely notice of readiness of the Work for all required inspections, tests or approvals. ' 8.10.2 ff any law, ordinance, rule, regul�tion, code, or order of any public body having jurisdiction requires any Work(or part thereofl to specifically be inspected, tested, or approved, Contractor shall assume full responsibility therefor, pay all costs in connection therewith and furnish Engineer the � required certificates of inspection,testing or approval. Contractor shall also be responsible for and shall pay all costs in connection with any inspection or testing required in connection with Owner's or Engineer's acceptance of a manufacturer, fabricator, supplier or distributor of materials or � equipment proposed to be incorporated in the Work, or of materials or equipment submitted for approval prior to Contractor's purchase thereof for incorporation in the Work. The cost of all other � inspections, tests and approvals required by the Contract Dacuments shall be paid by Owner(unless � otherwise specified). 8.10.3 All inspections, tests or approvals other than those required by law, ordinance, rule, � regulation,code or order of any public body having jurisdiction shall be performed by organizations selected by or acceptable to Owner or Engineer. � 8.10.4 If any Work that is to be inspected,tested or approved is covered without written concus��«�nce of Engineer, it must, if requested by Engineer, be urccovered for observation. Such uncovering shall be at Contractor's expense unless Contractor has given Engineer timeiy notice of Contractor's � intention to cover such Work and Engineer has not acted with reasonable promptness in response to such ��:ti�e. �` 8�10.5 Neither o�servati�ns by Engineer�or inspections, tests �r a.ppr��vals by others shall re;i�v� Cc�i.tractar fr�m his o�ligations to pe�orm the Work �n a.c;;c��dance �vith the �ontract 3�ocurri�7ts. � - � � � �,err:r:�;i Spevs/Condt�s.gen G f 996 Bonestroo,Ros�ne, � .=.:��i;�riik x.4ssoci.tes.lo�c. -3l - � 8.11 UNCOVERING WORK � If any Work is covered contrary to the written request of Engineer, it must, if requested by Engineer, be uncovered for Engineer's observation and replaced at Contractor's expense. If Engineer considers � it necessary or advisable that covered Work be visually examined by Engineer or inspected or tested by others, Contractor, at Engineer's request, shall uncover, expose or otherwise make available for observation, inspection or testing as Engineer may require, that portion of the Work in questian, � furnishing all necessary labor, material and equipment. If it is found that such Work is defective, Contractor shall bear all the expenses of such uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, including compensation for additional professional � services, and an appropriate deductive Change Order shall be issued. If, however, such Work is not found to be defective, Contractor shall be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, ,� inspection, testing and reconstruction if he makes a claim therefor as provided herein. 8.12 CUTTING AND PATCHING , The Contractor shall do all necessary cutting, fixing or patching of the Work that may be required � to make its several parts fit together properly,or to properly receive the Work of the various trades, or, as required by the Drawings and Specifications, to complete the Work. He shall restore all s�ach cut or patched work as approved by the Engineer. Cutting of existing structure that shaIl endanger � the Work, adjacent property, workmen or the public shall not be done. 8.13 WARR�NTY AND GUARANTEE � Contractor warrants and guarantees to Owner and Engineer that all Work, including materials and equipment, will be in accordance with the Contract Documents and will not be faulty or defective. � Prompt notice of all defects shall be given to Contractor upon discovery. All defective Work, whether or not in place, may be rejected, corrected or accepted as provided in paragraph 8.15 and 8.16. This warranty and guarantee shall be in addition to and not in limitation of any other warranty r or guarantee required by law or by these Contract Documents, including the provisions of paragraph 8.14. � 8.14 'I'�vVO �'EAR CORRECTION PERIOD If ��ithin two �ears after the date of final a�ceptance of the projecr by the Owner �r such longer � period of time as may be prescribed by law or by the terms of any applicable special guarantee required by the Contract Documents or by any specific provision of the Contract Documents, any � Work is found to be defective, Contractor shall promptly, without cost to Owner and in accordance with Owner's written instructions, either correct such defective Work, or, if it has been rejected by Owner, remove it from the site and replace it with non-defective Work. If Contractor does not � promptly comply with the terms of such instructions, or in an emergency where delay would cause serious risk of loss or damage,Owner may have the defective Work corrected or the rejected Work removed and replaced, and all direct and indirect costs of such removal and replacement, including � compens�tion for additional professional services,of Engineer ar others, shall be paid by Contractor. This obligation shal] survive any termination of the Agreement betv✓eer� Owncr and Contractor. GeneraUSpecs/Condtns.gen � �J 1996 Bonestroo,Rosene, .hndedik&Assoaiates,Inc. -3?•- � � �' 8.15 CORRECTION OR REMOVAL OF DEFECTIVE WORK � If required by Engineer, Contractor shall promptly, without cost to Owner and as specified by � Engineer, either correct any defective Work, whether or not fabricated, installed or completed, or, if the Work has been rejected by Engineer, remove it from the site and replace it with non-defective � Work. � 8.16 ACCEPTANCE OF DEFECTIVE WORK If, instead of requiring correction or removal and replacement of defective��Iork, Owner (and, priar � to Engineer's recommendation of final payment, also Engineer) prefers to accept it, Owner may do so. In such case, if acceptance occurs prior to Engineer's recommendation of final payment, a Change Order shall be issued incorporating the necessary revisions in the Contract Documents, � including appropriate reduction in the Cantract Price; or, if the acceptance occurs after such recommendation, an appropriate amount shall be paid by Contractor ta Owner. L8.17 OWNER MAY STOP THE WORK if the Work is defective,or Contractor fails to supply sufficient skilled workmen or suitable materials � or equipment, Owner may order�ontractor to stop the Work, or any portion thereof, until the cause for such order has been eliminated; however,this right of Owner to stop the Work shall not give rise to any duty on th�p�itt af OwnPr to exercise this right for the benefit of i antractor or any other party. � . 8.18 OWNER MAY CORRECT DEFECTIVE WORK � If Contractor fails within a reasonable time after written notice of Et�gineer to proceed to correct the defective Work or to rernode and replace rejected�1Vork as required by Engineer in accordance with � Paragraph 8.15, or if Contractor fails to perform the Work in accordance with the Contract Dacuments (including any requirements of the progress schedule), Owner r�ay, after sever: clays' written notice to Contractor, and Contractor's Surety, correct and remedy any such deficiency. In � exercising its rights under this paragraph, Owner shall proceed expeditious3y. To the exterat necessary to complete conective and remediai action,Qwner may exclude Contractor from all or pat-� of the site, take possession of all or part of the Work, and suspend Cantractor's services r�lated � thereto, take possession of Contractor's tools, appliances, construction equipment and machinery at t�� s�e-and_incorpora�e in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but whi�t►are sto�et�elsewh�re.__Contractor shall allow Owner, Owner's � representatives, agents and employees such access to the site as may be necessa�y to e�ak�� uner to exercise its rights un�er this paragraph. All direct and indirect costs of Owner in exercising such rights shall be charged against Contractor in an amount reviewed by Engineer, and such amounts � sha11 be deducted from the Contract Price. Such direct and indirect casts shall include, in particular but without limitation, compensation for additional professional services required and all costs of repair and replacement of work of others destroyed or damaged by correction, removal or � replacement of Contractor's defeetive Work. Contractor shall not be allowed an extension of the Contract Time because of az�y delay in performance of the Work attributable to the exercise by � C�s�ner of Owner's rights hereunder. �,e�i eraUS pacs;Condtns.gen � G 1996 4�onesVczc,Rosene. .'.nde��i�.:&Associate�.��. -33 - SECTION 9 � MEASUREMENT. PAYMENT AND PROJECT ACCEPTANCE �� 9.1 DETAII.ED BREAKDOWN OF COIVTRACT AMOUNT � Except in cases where unit prices form the basis for payment under the Contract Documents, the Contractor shall, within ten (10) days of receipt of the Contract Documents, submit an itemized � breakdown of the Contract Amount having the value,including an allowance for pro�t and overhead, assigned to each part of the Work. Unless the breakdown of the Contract Amount is objected to by the Owner, it shall be used as the basis for all Requests for Payment. � 9.2 REQUEST FOR PAYNIENT The Contractor may submit periodically, but n�t more than once each month, a Request for Payment � for Work done and materials delivered and stored on the site. Payment for materials stored on the site will be conditioned on the following: � (a) The Contractor shall submit evidence t� establish the Owner's title to suc:� tnaterials. (b) Acce table rovisions have been made for stora�Te. � P P b (c) The Contractor shall provide and maintain insurance against all loss, th�ft, vandalism, � damage and similar peril for the full value of the stored material. The insurance on the stored - material shall name the Owner as insured. � Each Request for Payment shali be itemized and computed from the Work completed on all items listed on the Detailed Breakdown of Contract Amount. Where unit prices are specified, the RequeSt � for Payment shall be based on the quantities completed. The Owner shall pay to the Contractor an amount not to exceed 95% of the amount earned under the Contract subject to the approval outlinec[ in Section 9.3 and the provisions of Section 9.4 and 9.5. However, when the Work required under � the Contract is 95% ar more completed,upon recommendation of the Engineer, such portions of the retained money shall be released as the Owner determines are not r�quired to be retained to protect the Owner's interest in satisfactory completion of the Contract. � At the option of the Contractor, retainage st�all be paid to the Contractor in �ccordance with the f�llowing: � The Contractor may deposit bonds or securities with the Owner or in any bank or trust company to be he�d in lieu of cash retainage for the benefit of the Owner. In that event, the Owner shall ,� reduce the retainage in an amount equal to the value of the bonds and securities and pay tlie amount of the reduction to the Contractor. The interest on the bonds or securities shall be payable � to the Contractor as it accrues. Bonds and securities deposited or acquired in lieu of retainage shall be of a character appr�ved by the state treasurer inc�uding, but n�t litnited to: a. �ills, certificates, notes or bonds of Uraited States; M b. Other ohligati�ns af the linited States �r its a;�r�cies; � GenerallSpecs/Condms.gen O 1996 Bonestroo,Rosene. t�t�derlik&Associates,Ir.c. -34 - � � c. Obligations of a�iy corporation wholly owned by the federal government; and � d. Indebtedness of the Federal and National Mortgage Association. If the Owner incurs additional costs as the result of the exercise of the option described in this � paragraph,the Owner may recover the costs from the Contractor by reducing the final payment due under the contract. As work on the contract progresses, the Owner shall, upon demand, � inform the Contractor of all accrued costs. 9.3 ENGINEER'S ACTION ON A REQUEST FOR PAYMENT ' Within ten (10)days of submission of any Request for Payment by the Contrnctor,the Engineer shall recommend to Owner: � (a) Approval �f the Request for Payment as su'�rnitted; or, � (b) Approval of such other amount as Engineer shall consider is due the Contractor, informing the Contractor in writing of his reasons for recommending approval of the modified amount; or, � (c) Withholding of the Request for Payment, informing the Contractor in writin of his g reasons for recommending withholding of the Request. � _ 9.4 OWNE�Z' A�TION ON AN APPROVED RE UE T FOR PAYMENT � Within thirty (30) days from the date of recommending approval of a Request for Payment by the • Engirteer, the �ivt�� shall: � (a) �a� the F��quest for Payment as reva�nmended by tr�L �ngineer. (b) Pay such Qther amount in accordance with Section 9.5 as Owner shall decide is c��ae � the Contractor, informing the Contractor and the Engineer in writing�f the reasons for paying the modified amount. � (c) Withholding payment in accordatyce with Section 9.5 informin�;the Contractor and the Engineer in writing of Owner's reasons for withholding payment. � 9.� OWNER'S RIGHT'TO V6�ITHHOLD PAYMENT � 9.5.1 The Owner may withhold�ayment in whole or in part to the extent necessary to protect itself fror� fe�ss on a�count or a:�y of Ehe following causes: � {a) Vioiation af any �f the teYms of t:�e �'antra�t�ocumenis. � � (b) Defective work not remedied, ar completed work which has been damaged. ;c) R.easonable evidence indicating potential filing of claims by other parties against the � �ontractor or Owner. ,�n�rc>:,i�;..�.:;'t:_ondins.gen � c.;,;r �. .��=3;=. � ` . ..., ._ . -. (d} Failure of the Contractor to make a ments to Subcontractors � P Y , matenalmen or suppliers. � (e) Damage to the Owner or any other person. (� Contractor's unsatisfactory prosecution of the work. � 9.5.2 When any of the above grounds for which payment is being withheld is r�moved, payment � shall be made for the amount withheld. 9.5.3 Should the Owner fail to pay a Request for Payment within 30 days from the date of � recommendalion of approval by the Engineer and should he fail to inform the Engineer and Contractor in writing of the reasons for withholding payment, the Owner shall pay to the Contractor simple interest on the past due amount at an annual rate equal to the manthly index of long term � United States bond yields for the month prior to the month in which the ob�igation is incurred plus an additianal one percent per annuni. 9.6 CONTRACTOR'S V�TARRANTY OF TTI'LE � Contractor warrants and guarantees that title to alt �Jork, mat�rials and equipment covered by any ' Application for Payment, whether incorporated in the Project or not, will pass to Owner at the time of payment free and clear of all liens,claims, security interests and encumbrances (hereafter in these � Conditions of the Contract referred to as "Liens"). 9.7 SUBSTANTIAL COMPLETION � 9.7.1 When Contractor considers the entire Work ready for its intended use Contrac�or shall, in writing to Owner and Engineer,certify that the entire Work is substantially cornplete and request that � Engineer issue a proposed Certificate of Substantial Completion. Within a reasonable time thereafter, Owner, Contractor and Engineer shall make an inspection of the Work to determine th� status of completion. If Engineer does nat consider the Work substantially complete, Engineer will � notify Contractor in writing giving his reasons therefor. ff Engineer considers the Work substantially complete, Engineer will prepare and deliver to Owner a proposed Certificate of Substantial Completion which shall fix the date of Substantial Completion. There shall be attached ta the � proposed Certificate a list of items ("punch list") to be completed or corrected before final payment. 9.7.2 Owner shall have seven days after receipt of the Certificate during which he may make wrirten � objection to Engineer as to any provisions of the Certificate or attached list. If, after considering such objections, Engineer concludes that the Work is not substantially complete, Engineer will � within fourteen days after submission of the proposed Certificate to Owner notify Contractor in wt�ting,stating his reasons therefor. If,after consideration of Owner's objections,Engineer considers the Work substantially complete, Engineer will within said fourteen days execute and deliver to � Owner and Contractor a final Certi�icate of Substantial Completion (with any revised list of items to be completed or corrected) reflecting such changes from the proposed Certificate as he believes justified after consid�ration of any objections from Owner. At the time of delivery of the proposed � Certificate of Substantial Completion Engineer will deliver to Owner and Contractor a written recommendation as to division of responsibilities pending final payment between Owner and Contractor with respect t� sccurity, operat:on, �afety, maincenance, heat, utilities ��rzd insur�nce. � GeneraUSpec;s/Condtns.gen �J 1995 BenesVoo,Rose�e, � A:deriik&Assxiates,Inc. - 3b- � Unless (�wner and Contractor agree otherwise in writing and so inform Engineer prior to his issuing � the final Certificate of Substantial Completion,Engineer's aforesaid recommendation will be binding on Owner and Contractor until�nal payment. Owner shall have the right to exclude Contractor from the Work after the date of Substantial Completion, but Owner shall allow Contractor reasonable � access to complete or correct items on the list of items to be completed or corrected. 9.8 PARTIAL UTILIZATION � Use by Owner of completed portions of the work may be accomplished pi•ior tc� Substantial Completion of all the Work subject to the following: � 9.8.1 Owner at any time may request Contractor in writin to ermit Owner to use a g p ny part of the Work which Owner believes to be substantially complete and which may b� so used without � significant interference with construction of the other parts of the Work. If Contractor agrees, Contractor will certify to Owner and Engineer that said part of the Work is substantially complete � and request Engineer to issue a proposed Certificate of Substantial Completion for that part of the Work. L 9.8.2 Within a reasonable time thereafter Owner, Contractor and Engineer shall make an it�specti�n ef that part of the Work to determine its status of completion. If Engineer does not consider that part of the Work to be substantially complete, Engineer will notify Owner and Contractor in writing giving his reasons therefor. If Engineer considers that part of the Work t�be substantially comglete, �' Engineer will execute and deiiver to Owner and Contractor a proposed Certificate to that effect, ' fixing the date of S�abstantial Completion as to that part of the Wo�k, attaching thereto a list of items to be completed or corrected befare final payment. 9.8.3 Prior to issuing a Certificate of Substantial Completion as to p�rt of the Work,Engineer will � deliver to Owner and Contractor a written recommendation as ta the division of responsibilities pending final payment betwetin Owner and Contractor with respect to security, operation, safety, maintenance, utilities and insurance for that part af the Work which shall b�come binding upon � Owner and Contractor at the time of issuing the fina] Certificate of Substantial Completion as io that part of the Work unless Owner and Contractor shall have otherwise agreed in writing and so informed Engineer. �Jwner shali have the right to exclude Contractor from any part af the Work �, which Engineer ha.s so certified to be substantially complete, but Owner shall allow �Contractar reasonable access to ��i�;�lete or correct items on the list of items to Ue�ompleted or corrected. �, 9.8.4 In lieu of the iss�aance ot a�'ertiFicate of Substat�ti�i cc�mplet�on as tfl part of t�te VVork,6wner - may take over operation of a f�cility constituting part of the VVork whether or no� it is substantially � complete if such facility is funetionally and separately usabl�; provided, that prior to any such takeover, O«ner and Contractor have agreed as to the division of responsibilities between Owner and �ontractor for security, operation, safety, maintenance, correction period, heat, utilities and � insurance with respect of such facility. 9.8.5 No occupancy of par� ef the Work or taking over of operations of a faciiity will be � accomplished prior to compliance with the requirements of Section 6.1.4, Paragraph 3, in respect of property insurance. � 1 1 .��'.1�.'7":1lI�;1 k1�4S��f��ii11..1�:.�.'f::l `,�g�)�f _ ..,_ '�_t:�areid, i . L � _�� .,�.. .. _ � � 9.9 FINAL INSPECTION � Upon written notice from Contractor that the Work is camplete, Engineer will make a final inspection with Owner and Contractor and will notify Contractor in writing of all particulars in � which this inspection reveals that the Work is incomplete or defective. Contractor shall immediately take such measures as are necessary to remedy such deficiencies. 9.10 FINAL APPLICATION FOR PAYMENT ' After Contractor has coinpleted all items to be completed or corrected to the satisfaction of Engineer � and delivered all maintenance and operating instructions, schedules, guarantees, bonds, certificates of inspection, marked-up record documents and other documents -- all as required by the Contract Documents, and after Engineer has indicated that the Work is acceptable (subject to the provisions � of Section 9.12), Contractor may make Application for Final Payment following the procedure for progress payments. The Final Application for Payment shall be accompanied by all documentation � called for in the Contract Documents and such other data and schedules as Engineer may reasonably require, together with complete and legally effective releases or waivers (satisfactory to Owner) of all Liens arising out of or filed in connection with the Work. In lieu thereof and as approved by � Owner, Contractor may furnish receipts or releases in full; an affidavit of Contractor that the releas�s and receipts include all labor, services, material and equipment for which a Lien could be filed; a ' representation that all payrolls, material and equipment bills, and other indebtedness connected with � the Work for which Owner or his property might in any way be responsible, have been paid or otherwise satisfied; and, consent of the Surety, if any, to final payment. If any Subcontractor, manufacturer, fabricator, supplier or distributor fails to furnish a release or receipt in full, Contractor � shall furnish a Bond or other collateral satisfactory to Owner to indemnify Owner a�ainst any Lien. 9.11 FINAL PAYMENT AND ACCEPTANCE � 9.11.1 If, on the basis of Engineer's observation of the Work during construction and final inspection, and Engineer's review of the Final Application for Payment and accampanying ,� documentation, all as required by the Contract Documents, Engineer is satisfied that the Work has been completed and Contractor has fulfilled all of his obligations under the Contract Documents, � Engineer will, within ten days after receipt of the Final Application for Payment, indicate in writing his recommendation of payment and present the application to Owner for payment. Thereupon Engineer will give written notice to Owner and Contractor that the Work is acceptable subject to all � applicable provisions of the Contract Documents. Otherwise, Engine�r will return the Application to Contractor, indicating in writing the reasons for refusing to recommend final payment, in which case Contractor shall make the necessary corrections and resubmit the Application. � � � GeneraJS pecs/Condms.gen O 1996 8onesvoo,Rosene, � F r�derlik&Associates,Ine. -3$ - � � 9.11.2 If the Application and accomganying documentation are appropriate as to form and substance, Owner shall, within thirty days after receipt thereof pay Contractor the amount � recommended by Engineer. If, through no fault of Contractor, final completion of the Work is significantly delayed thereof and if Engineer so confirms, Owner shall, upon receipt of Contractor`s Final Application for Payment and recommendation of Engineer, and without terminating the � Agreernent, make payment of the balance due for that portion of the Work fully completed and accepted. � 9.11.3 If any remaining balance to be held by Owner for Work nat fully completed or corrected is less than the retainage stipulated in the Agreement, and if Bonds have been furnished as required herein, the written consent of the Surety to the payment of the balance due for that portion of the � Work fully completed and accepted shall be submitted by Contractor to Engineer with the Application for such payment. Such payment shall be made under the terms and conditions 1 governing final payment, except that it shall not constitute a waiver of claims. 9.12 CONTRACTOR'S CONTINUING OBLIGATION � Contractor's obliga�ion to perform and complete the Work in accordance with the Contract Documents shall be absolute. Neither recommendation of any progress or final payment by � Engineer, nor the issuance of a Certificate of Substantial Completion, nor any payment by Owner to Contractor under the Contract Documents, nor any use or occupancy of the Work or any part ' thereof by Owner,nor any act of acceptance by Owner nor any failure to do so, nor the issuance of � a notice of acceptability by Engineer pursuant to Sections 9.10 or 9.11, nor any correction of _ defective Work�y Owiner shall constitute an acceptance of Work not in accordance with the Contract Documents or a release of Contractor's obli�ation to perform the Work in accordance with the � Cantra�t Docurr�f;r�ts, 9.13 WAIVER OF�LAIMS , The makin and acce tance of final a ment shall constitute: g P PY i9.13.1 !1 waiver of all c�aims by Owner against Contractor, except claims arising from unsettled Liens,from defective work appearing after final inspection pursuant to Section 9.9 or from failure ' to comply with the Contract Documents or the terms of any special warranties or guarantees specified therein; however, it shall not constitute a waiver by Owner of any rights in respect to C�ntra�tor'�continuirrg ob�igati�ns urrder the C�ntract U�cum�nts;�nd— - - — — — � 9.13.2 �► v��aiver of all claims by Contractor against Ov�ner other than those previously made in writi�g and still unsettled. r � � t;enera'J�pecs/Cond,ns.gzn <<`4945 13o:;estri�o,2osene, � /'.•.�_ :K :S: .. .. _._.... . �z^ .. � � SECTION 10 CHANGES IN THE WORK � 10.1 CHANGE ORDERS Without invalidating the Agreement, Owner may, at any time or from time to time, order additions, � deletions or revisions in the Work; these will be authorized by Change Orders. Upon receipt of a Change Order, Contractor shall proceed with the Work involved. All such Work shall be executed � under the applicable conditions of the Contract Documents. If any Change Order causes an increase or decrease in the Contract Price or an extension or shortening of the Contract time, an equitable adjustment will be made as provided in Section 10 or Section 11 on the basis of a claim made by � either party. 10.2 FIELD ORDERS ' Engineer may authorize minor changes in the Work not involving an adjustrr�ent in the Contract Price or the Contract Time, which are consistent with the overall intent of the Contract Documents. � These may be accomplished by a Field Order and shall be binding on Owner, and also on Contractor who shall perform the change promptly. If Contractor believes that a Field Order justifies an � increase in the Contract Price or Contract Time, Contractar may make a claim therefor as provided herein. _ 10.3 UNAUTHORIZED WORK � Additional Work performed without authorization of a Change Order will not entitle Contractor to � an increase in the Contract Price or an extension of the Contract Time, except in the case of an emergency. 10.4 �NGP�VE�R RECOMMENDATIONS , Owner shall execute appropriate Change Orders prepared by Engineer cavering changes ir�the`vVork � which are required by Owner,or required because of unforeseen physical conditions or emergencies, or because of uncovering Work found not to be defective, or because of any other claim oi� Contractor for a change in the Contract Time or the Contract Price which is recommended by , Engineer. 10.5 NOTICE OF CHANGE TO SURETY � If notice of any change affecting the general scope of the Work or change in the Contract Price is � required by the provisions of any Bond to be given to the Surety, it will be Contractor's responsibility to so notify the Surety, and the amount of each applicable Bond shall be adjusted accordingly. Contract�r shall furnish proof of such adjustment to Owner. � � GeneraUSpees/Cundtns.gen C'�1996 Bonestroo,Rosen,:, � :'��aderlik&Associates,Ir.�. _Q�_ � � , 10.6 CLAIMS FOR ADDTTIONAL COSTS If the Contractor wishes to make a claim for an increase in the Contract Sum, he shall give the � Engineer written notice thereof within ten (10) days after the occurrence of the event giving rise to such claim. This notice shall be given by the Contractor before proceeding to execute the Work, except in an emergency endangering life or property in which case the Contractor shall proceed in � accordance with Paragraph 10.7. No such claim shall be valid unless so made. ff the Owner and the Contractor cannot agree on the amount of the adjustment in the Contract Sum, it shall be referred � to the Engineer in accordance with Paragraph 7.8. Any change in the Contract Sum resulting from such claim shall be authorized by Change Order. � If the Contractor claims that additional cost is involved because of but not limited to (1) any written interpretation of the engineer, (2)any order by the Owner to stop the Work where the�ontractor was not at fault, (3) any written order for a minor change in the Work or (4) failure of payment by the � Owner, Contractor shall make such claim as provided in this Subparagraph. 10.7 WORK DURING AN EMERGENCY � 10.7.1 In any emergency affecting the safety of persons or property, the Contractor shall act to ' prevent threatened damage, injury or loss. In all cases he shall, as soon as practicable, notify the , Owner of the emergency and he shall not wait for the instructions before proceeding to protect both life and property. � 1�.7.2 Any additional compensation or extension of time claimed by the Contractor on account of said ern�;gency w�rk shall be determined under Paragraph 10.6. � SE�TION 11 � C�-IANGE OF CONTRACT PRICE AND CONTRA�T TIME 11.1 �UNTRACT PRICE ' The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to Contractor for performing the R'ark. All duties,resgonsibiiities anck ob�igations assigned to or _ _ � und�rtak�r� by Contract�r shall be at his expense v�ithout ci:ange in ±�he �on�ract Pri��. , r � �ene�aU�pecsfCondms.gen �1996 Bonestra�,Rosene, � And:,r:ik 13 Assr�ciates,fnc;. -�� - � 11.2 CHANGE IN CONTRA T PRICE � 11.2.1 Except where u it prices form the basis for payment under the Contract Documents, the Contract Price may only be changed by a Change Order. Any claim for an increase in the Contract , Price shall be based on written notice delivered to Owner and Engineer within ten (10) days of the occurrence of the event giving rise to the claim. Notice of the amount of the claim with supporting data shall be delivered within thirty (30) days of such occurrence unless Engineer allows an � additional period of time to ascertain accurate cost data. All claims for adjustment in the Contract Price shall be determined by Engineer if Owner and Contractor cannot otherwise agree on the amount involved. Any change in the Contract Price resulting from any such claim shall be � incorporated in a Change Order. 11.2.2 Where unit prices form the basis of payment and the quantity of any item of Work as given � in the Proposal is increased or decreased, payment for such item will be made on the basis of actual c�uantity completed, at the contract unit price for such item. � 11.3 BASIS OF CHANGE The method of determining the cost or credit to the Owner resulting from a change in the work shall � be deternuned and mutually agreed upon by Owner and Contractor in advance of perfor�nance of the change in work in one or more of the following ways: � 11.3.1 By mutual acceptance of a lump sum properly itemized, � 11.3.2 By unit prices stated in the Contract Documents or subsequently agreed upon (unit prices � shall �nclude an allowance for Contractor's main office expense, overhead, profit and bond), or 11.3.3 By actual cost of the changed work, lus an allowance for overhead su ervision an � P , p d profit, as defined as follows: � 1. The "cost of the changed work" shall mean costs necessarily incurred in the proper performance of the changed work and paid by Contractor at rates not higher than the standard paid in the locality of the work(exeept with prior consent of the Qwner) as more specifically df;fined as � follows: a. 'I'he cost ot the changed work �ha�l in�lude: , (1) Wages paid for labor in the direct employ of Contractor in the performance of the � changed work in the field or in the fabrication shop under applicable collective bargaining agreements or under a salary or wage schedule agreed upon by Contractor and Owner,plus a payroll markup of 40 percent to cover all overhead items applicable to payroll, such as � insurance, taxes, F.I.C.A., workmen's comp�nsation, unemployment taxes, and union benefits. (2) Cost of al} materials, supplies and eq_uipment incorporated in the changed work. � � Generiu/S 4tecs/Condtns.gen �O 1I96 Bonestroo,Rosene, � Anderlik&Associates,Tnc. -42- � � (3) Cost, including maintenance of all materials, supplies, equipment, temperary facilities and hand tools owned by workmen, which are cansumed in the performance of the � changed work, and cost less salvage value on such items used but not consumed which remain the property of the Contractor. � (4) Rental charges of all necessary machinery and equipment, exclusive of hand tools, used in performing the changed work, including installation, minor repairs and replacements, dismantling, removal, transportation and delivery costs thereof at rental � charges consistent with those prevailing in the area. (5) Cost of additional premiums for all bonds and insurance which the Contractor is � required by the Owner or contract documents to purchase and maintain and which is incurred as a result of performing the changed work. , (6) Sales, use or similar taxes, related to the changed work and for which the Contractor is liable, imposed by any governmental authority. � (7} Perm;t��s,roy�lties,damages for infringement of patents and costs of defending suits therefore, and deposits lost for causes other than the Contractor's neglig�nce. i (8) Loss�s and expenses, nat compensated by insurance or otherwise sustained by the ' Contractor in connection with the changed work provided they have resulted from causes � other than the sole or joint fault or neglect of the Contractor, any Subcontractor, anyone directly or indirectly employed by any of them, or for whose acts any of them may be liable. Such losses shall include settlements made with the written consent and approval � of the Owner. No such losses and expenses shall be included in the cost of the changed wQrk for the purpose of determining the Contractor's fees th�reon. If, however, such loss r�quires reconstruction and the Contractor is placed in charge thereof, he shall be paid for � llis services an additianal fee computed in proportion to the sum stated above f�r ih� origin�l �;h�nged work. � (9 j Cc��t of "'drayage," eAclusive of any draya�e between shop �:��d jobsite, only wt�cn Contractar must hire an independent trucking firm and driver to perform special drayage ' services in performance of the changed work for which Contractor's skills, manpower and vehicles are inadequate. "l�rayage" does not include transportation performed or which coulcLh�ye_been performed by Contractor's drivers or vehicles but for their use on another � project. (10) Costs incurred due to an emergency �rising out of the changed work affecting the , s�fety of persons and property. (11) Other costs incurred in the performance of the changed work if and to the extent � approved in advance in writing by the Owner. ic,�a�:�u�,,...,,c,:��d�;�::��_n :J 'y{`::i�;�•`c-sta�;in,Etps;;il�.�, � °�Crr3-`_� .�,.. 7 i C.._..,_ - - ' � (12) Cost of Subcontractors in performing the Contractor's work as changed shall be � computed in accordance with this paragraph 11.3.3, computed in accordance with clauses 11.3.1, .2, or .3. � b. The cost of the changed work shall exclude: 1 Salaries or other com ensation for Contractor's offieers exe � � � ) p , cutive, general managers, project managers, estimators, engineers, timekeepers, surveyors, mechanics, � warehousemen, auditors, accountants, purchasing and contracting agents, draftsmen (except sheetmetal draftsmen), stenographers, receptionists, and other staff employees, whether or not employed at Contractor's principal office, branch office or field office at � the job site. (2) Expenses of Contractor's principal office, branch office or job site field office, � including without limitation the expense for pickup trucks, office trailers, storage trailers, rzntal of office or storage space, teiephone, heat, lights, etc. (3) Ownership cost of maintenance expenses for Contractor-owned equipment, including � without limitation all construction equipment, trucks and vehicles, machines and all other owned equipment required for Contractor's performance of the Work. � (4) Cost for purchase and maintenance of tools, materials, supplie� ancl facilities not c,�nsumed during con5truction or incorporated in the work. � (5) ContYactor's capital expense, inciuding interest an Contra�tor's capitai �employed for � the work. (6) Overhead or general expenses of any kind, including but not limited to office or � fabrication shop overhead or drafting and printing cQsts, except as may be expressly included in clause 11.3.3.1 a above. (7) Costs due to the negligence of Contractor, any Subcontractor, anyone directly oi• � indirectly employed by any of them,or for whose acts any of them may be liable, including but not limited to injury or damage to persons ar property, the correction of defective , work,disposal of materials and equipment wrongly supplied, or nnaking good any damage ��c� pra�erty. ;o) The cost af any itetr� r.ot Specifiially a�d expressly included in the terms described in � c�ause 11.3.3.1 a above. � � ' Generz.USpecs/Condtns.gen m 1995 Bonestroo,Rosene, Anderlik dc Associates>Inc. -�14- � � � 2. Allowances for rofit, overhead and nonreimbursable cos P ts shall be computed as follows: � a. For the Contractor: � (1) A minimum of 5% up to a maximum of 15% (the actual rate dependent of the Contractor's performance and assumed risks as determined in the sole discretion of the Owner) of all reimbursable costs defined in clauses 11.3.3.1 a (1) through (12) above, and � (2) A rninimum of 3% up to a maximum of 7% (as determined at the sole reasonable discretion of the Owner) for the work of Subcontractors supervised by the Contractor as ' computed in accordance with clause 11.3.3. No fee will be allowed on Subcontractor work not supervised by the Contractor. , {3) For first, second, and other tier Subcontractors claiming compensation for changed work under clause 11.3.3.1(a) (12), their allowances shall be determined at the sole reasonable discretion of the Owner consistent with percentages in subclause (2) directly � above. (4) The Owner shall have the right to examine, inspect, copy and audit the books and � records of any�ontractor or Subcontractor making claim for reimbursement for costs and . allowances hereunder in order to verify the accuracy, correctness, completeness and , propriety of all costs and allowances claimed. - 11.4 CHANGE OF C011.T'�'I�ACT TIME � 11.40 l �'he Contract Time may only be changed by a Change Order. Any claim for an extension in the Contract Time shall be based on written notice delivered to Owner and � Engineer within ten (10) days of the occurrence of the event giving rise to the claim. Notice of the extent of the claim with supporting data shall be delivered within thirty (30) clays of such occurrence unless Engineer allows an additional geriod of tirne to ascertain more � accurate data. �II claims for adjustment in the Contract Time shall be determined by Engineer if Owner and Contractor cannot otherwise agree. Any change in the Contract Time resulting from any such claim shall be incorporated in a Change Order. � 1 l.4.2 The Coratract Time will be extended in an amount e ual to time lost due to dela s 9 y beyond the conYrol of�ontractor if a claim is made therefor as provid�d in paragrapl� 11.4.l. , Suctt de}ays shal� include, but not be limited to, acts or neglect by Owner, or to fires, floods, la�c,r�iispul�s, epide�ics, abnormal weather condition�, ar aci� af Gad. � 1�1.�.3 Fstl time lin�its �tat��in the Con�ract Docunlents ar� of the essence of the Agreernent. 'The provisions of this paragraph 11.4 shall not exclude recovery for damages (including � c6xnpensati�n for add�tional professional services) for delay by either party. i ��e.:era!/Specs/Conut�is.ye:. � «?1995 Bones[:no,Rosez�a �ir�dc;rliic Rr r�ssoeiates,Is!c. -45- � � SECTION 12 SUSPENSION OF WORK AND TERMINATION � 12.1 OWNER MAY SUSPEND WORK Owner ma , at an time and without cause su5 end the Work or an ortion there � Y Y � p y p of for a period of not more than ninety days by notice in writing to Contractor and Engineer which shall fix the date � on which Work shall be resumed. Contractor shall resume the Work on the date so fixed. Contractor will be allowed an increase in the Contract Price or an extension of the Contract Time, or both, directly attributable to any suspension if he inakes a claim therefor a5 provided in Sections � l0 and 1l. 12.2 OWNER MAY TERMINATE � 12.2.1 Upon the occurrence of any one or more of the following ed�ents: (a) If Contractor is adjudged a bankrupt or insolvent, � (b) If Contractor makes a general assignment for the bcnefit of cre�itors, , (c) �f a t�-�stee or receiver is appointed for Contractor or for any of Contractor's property, �d) If Contractor fi(es a�etition to take advanta e of anv debt�ir's act, or lo reor ar.ize un�er � g � � the bankruptcy or similar Iaws, e If Contractor re eat�dl fails to su 1 sufficient skill c r � O p y pp y e � v�ork�ner� or s�aitable mat�riais or equipment, � (� If Contractor r�peatei��y fails to make prorn�t payments to S��t,��,�; ,�r�,�'ors or fo:• lab�;r, materials or equipment, � (g) If Contractor disreg�u-ds �aws, ordinances, rules, regulation, c�r orders of any public body having jurisdicti�n, � (h) If Contractor disregards the auth�rity of Engineer, or (I) If Contractor othei�w�ise violates in any substa�tiai z�ay any provisior�s of the Contract � Documents, i 1 i Gcn�raJ�pecslt,ar_�itns.gec, �O 1996 Bancstroo,RosA:zt�, And•�rlik&Ass�x;iates,i��c. -4�� - � ' � Owner ma after ivin Contractor and his Suret seven da s'written notic Y g g y y e, terminate the services on Contractor, exclude Contractor from the site and take possession of the Work and of all `, Contractor's toals, appliances, construction equipment and machinery at the site and use the same to the full extent they eould be used by Contractor (without liability to Contractor for trespass or , conversion), incorporate in the Work all materials and equipment stored at the site or for which Owner has paid Contractor but which are stored elsewhere, and finish the Work as Owner may deem expedient. In such case Contractor shall not be entitled to receive any further payment until the � Work is finished. If the unpaid balance of the Contract Price exceeds the direct and indirect costs of completing the Work, including compensation for additional professional services, such excess shall be paid to Contractor. If such costs exceed such unpaid balance, Contractor shall pay the � difference to Owner. Such costs incurred by Owner shall be verified by Engineer and incorporated in a Change Order,but in finishing the Work,Owner shall not be required to obtain the lowest figure for the Work performed. � 12.2.2 Where Contractor's services have been so terminated by Owner, the termination shall not affect any rights of Owner against Contractor then existing or which may thereafter accrue. Any , retention or payment of moneys due Contractor by Owner will not release Contractor from liability. 12.2.3 Upon seven days' written notice to Contractor and Engineer, Owner may, without cause and � without prejudice to any other right or remedy, elect to abandon the Work and terminate the . Agreement. In such case,Contractor shall be paid for all Work executed and any expense sustained ' plus reasonable termination expenses. - 12.2.4 If, after notice of termination for failure to fulfill contract obligations, it is determined that � the Contractor has not defaulted, the termination shall be deemed to have been effected for the �onvenience of the Owner and the Contractor shall be paid in accordance with paragraph 12.3. � 12.3 CONWENIENCE TERMINATION BY THE OWNER The Owner reserves the right to terminate the Work under this contract in whot�, or from time to � time in part, and said t�rmination for convenience shall not be construed as a breach of the Contract. If the Contract is terminated for convenience, the Owner shall give the Contractor written notice specifying the extent the Work of the Contract that is being terminated and the effective date of said i termination. Upon receipt of the notice of termination, the Contractor shall stop work on the date and to the extent s�ecifiee�. __ _ _ _ _ _ _ _ _ _ __ _ _ _ _ � The Contractor shall place no further orders nor incur any further costs for the terminated parts of the Work. The Contractor shall further terminate all orders and subcontracts relating to the �erminated part of the Work. The Owner shall pay th� Contractor for the value of the Work , terminated as completed to the termination date together with a reas�nable profit on the completed Work,but no damages or costs or lost profits. Disposition of the completed parts of the terminated ' work, materials,equipment and other tangible property shall be made as agreed upon by the 4wner and Contractor. The title to any praperty and materials retained by the Owner shall accrue to the Owner i�me�liat�ly upon paynnent bj� the Owrer tca thP Contractor. � �e�,ec�il/:;�:ce/C'�t�dins.gea! , :':� 1996 Bo:estroo,Rosene; �',�..?eriik�c�ssociates,Inc. - 47 - � 12.4 CONTRA TOR MA TOP WORK R TERMINATE � If,through no act or fault of Contractor,the Work is suspended for a period of more than ninety days , by Owner or under an order of court or other public authority, or Engineer fails to act on any Application for Payment within thirty days to pay Contractor any sum finally determined to be due, � the Contractor may, upon seven days' written notice to Owner and Engineer, terminate the Agreement and recover from Owner payment for all Work executed and any expense sustained plus reasonable termination expenses. In addition and in lieu of terminating the Agreement, if Engineer � has failed to act on an Application for Fayment or Owner has failed to make any payment as aforesaid, Contractor may upon seven days' notice to Owner and Engineer stop the Work until payment of all amounts then due. The provisions of this paragraph shall not relieve Contractor of � his obligations to carry on the Work in accordance with the progress schedule and without deiay during disputes and disagreements with Owner. � SECTION ]3 MISCELLANEOUS , 13.1 LIMITATION OF LIABII.ITY In no event either as a result of breach of contract ne li ence or otherwise shall the Own . � , , g g , , er or Engineer or their agents or Employees be liable for damages or loss of profits, loss of use, loss of ' revenue, loss of bonding capacity, or any other special, indirect or consequential damages of any kind. To the extent the Contract Documents allow any liability to be imposed, the total liability of - the Owner and Engineer for any loss, claim, or damage arising out of this agreement or the � performance or breach thereof, shall be limited to the value af the work performed. 13.2 REMEDIES � The duties and obligations imposed by these General Conditions anc� the rights and rerr�edies available hereunder to the parties hereto, and, in particular but without limitation, the warranties, � guarantees and obligations imposed upon Contractor herein and all of the rights and remedies available to Owner and Engineer thereunder, shall be in addition to, and shall not be construed in any way as a limitation of, any rights and remedies available to any or all of them whi�ch are , otherwise imposed or available by law or contract, by special warranty or guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph shall be as effective as if repeated specifically in the Contract Documents in connection with each particular duty, � obligation, right and remedy to which they apply. All representations, warranties and guarantees made in the CGntr�ci I7�cuments shail survive final payment and terminatio�i or c�m�l�tion of this ' Agreemei�t. ' i GereraUSpecs/�'�3n�tns.ge�f C�1956 Bonestreo,Rosene, � Anderlik&iissociates,Inc. -�E�i - � � 13.3 PUBLIC CONVENIENCE � The Contractor shall at all times so conduct his work as to insure the least possible obstruction to traffic and inconvenience to the general public and the residents in the vicinity of the Work, and to insure the protection of persons and property. No road or street shall be closed to the public except � with the permission of the Owner and proper governmental authority. Fire hydrants on or adjacent to the Work shall be kept accessible to fire-fighting equipment at all times. Temporary provisions shall be made by the Contractor to insure the use of sidewaiks and the proper functioning of all � gutters, sewer inlets, drainage ditches and irrigation ditches, which shall not be obstructed. 13.4 CROSSING UTILITIES. ETC. , Where he r secution of the Work s t p o re ults in the crossmg of highways, railroads, streets or utilities � under the jurisdiction of state, county, city or other public or private entities, the Contractor shall secure written permission from the proper authority to cross said highway, railroad, street or utility before further prosecuting the Work. A copy of the written document granting permission shall be � filed with the Owner and Engineer before any Work is done. The Contractor shall be required to abtain a written release from the app�icable authority upon completion of the Work. A copy of this written release shall be �led with the Owner and Engineer before final acceptance of the Work is , granted. - 13.5 SAie,'1'I'��' �ROVISIONS , _ �'he Contractor shall provide and maintain such sanitary facilities for the use of his employees and those of his Sttbcontractors as may be necessary to comply with the laws, ruies or regulations of the � Federal, Stat� and local governments, or agencies oi•departments thereof. l 3.6 PRESERVATION OF HISTORICAL OBJECTS � l�.6.1 Where historical ob'ects of otential archeolo ical or aleon � p g p tological �ature are discov�red ' within the areas on which the Contractor's operations are in progress, the Contractor shall restrict or suspend his operations in the immediate area of the discovery as may be necessary to preserve the discover�d objects until the Owner has made arrangements for their disposition or has recorded the idesired data relative thereta 13.6.2 The Contractor shall immediately notify the Owner of any historical objects he may discover � �r become aware of as the�1Vork is being prosecuted, and shall aid in the preservation and salvage program decided upon, as rr�ay b� requested or ordered by the Owner. No Work which the Contractor considers to ba Extra Work shall be performed without the written authorization of the � Owner. ' � rrCR'.'.r,ry.�J.��P�5r�4:!1.i.a,t71S.9::fi '.��`.�40��i��£?�._:.f:�.?<CSI:Il�3, ' C ty.i�'k I'.� c�. `tiS�S;? .,.iil:�. " ..� _ ' 13.6.3 The Owner shall have the right to restrict or sus end the Contractor's o erations in the � P P immediate area where historical objects are discovered for a period not to exceed 72 hours, without claim being made by the Contractor for any damages he might suffer as a result thereof. Any � restrictions imposed shall not remain in effect for a period exceeding 72 hours unless mutually agreed to in writing. , 13.7 USE OF PREMISES Contractor shall confine construction equipment, the storage of materials and equipment and the � operations of workmen to areas permitted by law, ordinances, permits or the requirements of the Contract Documents, and shall not unreasonably encumber the premises with construction ' equipmer�t or oth�r materials or equi�ment. � � � � � � � � � � ' � GeneraVSpecs/Condtns.gen O 1996 Bonestroo,Rosene, ' Anderlik&Associates,Inc. -541- , � FORM OF AGREEMENT THIS AGREEMENT, made and signed this day of , 19_, by and between � , hereinafter called the "Owner", and , hereinafter � called the "Contractor". THIS AGREEMENT WTI'NESSETH, that the Owner and the Contractor, for the consideration � hereinafter stated, agree as follows: ARTICLE I. The Contractor hereby covenants and agrees to perform and execute all the prc�visions of the plans and specifications as prepared by Bonestroo, Rosene, Anderlik&Associates, � Inc., of St. Paul,Minnesota, and indicated below under ARTICLE N, as provided by the Owner for: , and to do everything required by this Agreement and the Contract Documents. � ARTICLE II. The Contractor agrees that the Work contemplated by this Contract shall be fully and satisfactorily completed on or before ,19 � ARTICLE III. The Owner agrees to pay and the Contractor agrees to receive and accept � payment in accordance with the prices bid for the unit or lump sum items as set farth in the , conformed copy of Proposal Form hereto attached, which prices shall conform to those in the accepted Contractor's Proposal on file in the Office of the , the aggregate of which prices, based on the approximate schedule of quantities, is estimated to be $ � ARTICLE N. Tl-�e �ontract Documents shall consist of the followin com onent arts: g p P � �a) Drawings. � (b) Specifications: (l) Bid Documents (Advertisement, Addenda, Information to Bidders, Proposal and Bid 1 Security); (� ��1 P�S��; _ _ _ __ __ - - (3) Generai and Specific Requirements; ' (4) Conditions of the Contract (General and other conditions); �5) Performance and Payment Bond; (6) Agreement; � (7) Detail Plates and �iher drawings attached to specifications; � � GereraUSpec�/Condtns.gen i�1996 Bane:;troci. Rose�e. � f;;l��r4i��- ?.ssc�.��>cs.�,... -"1 - , � This Agreement, together with the documents hereinabove mentioned, form the Contract and all documents are as fully a part of the Contract as if attached hereto or herein repeated. � IN WITNESS WHEREOF,the parties to this Agreement have hereunto set their hands and seals as of the day and year first above written. � � Attest: The (Seal) � By MAYOR � By � In the presence of: CON'TRACTOR IBY � TITLE � r � CF,RTIFICATE QF ACKIlT�WLEDGIV1Ei'�"I` State of M�nnesata � ' ) SS. County of ) __ - - On this day of , 19_, before me perso�aiiy �ppe�red , � - to me personally known,being by me duly sworn, did say that Yae is the Mayor of the City of --- , that tYie seal affixed to the foregoing instrument is the seal of said City of � , and that said instrument was executed on behalf of the City of by authority of its City Council, and said acknowledged the instrument to be the free act �nd deed of said City of � (Nc�tarial �eal) Notary Fublic � Gen;a�ailSpc�slCondtns.gen C� SS�9b�3ou::iru,�.€��ene. , A,'��1;'rii'.�_A:',socs<,te .i:.,. �� - , � CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is individual or partnership) � State of Minnesota ) � ) SS. County of ) � On this day of , 19 , before me personally appeared , to me personally known to be the person described in and who executed the foregoing instrument and acknowledged that_he executed the same as free act and deed. , Notarial Seal ( ) � Notary Public � 1 CERTIFICATE t�F ACKNOWLEDGMENT (For use �x�hzre Contractor is a corporation) � State of Minnesota ) ' ) SS. County of ) � �n this day of , 19_, before me personally ap�ear�rl and , to me personally known who, being b� irze duly sworn, each � did say that they are respectively the and of , that the seal affixed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board af Directors and said ' and acknowledged the instrument to be the free act and deed of the corporation. - - , - -- (Notarial Seal) Notary Public , � � C;er:er^ltS p�es,'�ondtns.gen J 19Sj(is:�.azstroc�;Rosers,�- � Iln6ir!i;cc�.,�:sccs;ites,',Et:. -J�i ' , PERFORMANCE BOND � KNOW ALL MEN BY THESE PRESENTS: that as Principal ' hereinafter called ( Contractor) and, as Surety (hereinafter called � Surety) are held and firmly bound unto as Obligee (hereinafter called � Obligee) in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, ' administrators, successors and assigns,jointly and severally, firmly by these presents. , WHEREAS,Contractor has by written agreement dated , 19 , entered into a contract with the Obligee for construction of in � accordance with I�rawin s and S cifications re ared b Bonestroo Rosene A g Pe P 1� y . nderlik&Assoc., � Inc. which cor�tract is by reference made a part hereof,and is hereinafter referred to as the Contr�ct. , NOW,TH�REFORE,THE CONDITION OF i HIS OBLiGATION is sucl: that, if Contractor shall promptly �nd faithfully perform said Contract in conformance with the Contract Documents, afld all guaranty, indemnity and wananty obligations specified therein, and shall promptly and � faithfully remedy any breach of its obligations under the Contract Documents discovered within the time limits set by statute for commencement of actions, and shall pay any damages for unexcused late completion,then this obligation shall be null and void; otherwise it shapi reinain in full force and , effect. The Surety hereby waives notice of any alteration, changes or extension of time made by the ' Obligee. -Whenev�r the �cmt�ae�or shall be, and declared by the Obligee to be in default under the � �Contract, the Surety may prornptly reinedy the default, or shall promptly: � (1) Camplete the Contract is� acc�rdance wit}� its terms a.n�conditions, or i�apprc�priate, � � �:eneraUSpec�/Contftas.gzn � C�1956 Bonestrcw,RosPnP, ATMderli:,dc Assa�iates,Inc. -$�- 1 ' (2) Obtain a bid or bids for completing th�Contract in accordance with its terms and conditions, and upon determination by the Obligee and the Surety jointly of the lowest responsible bidder, , arrange for a contract between such bidder and Surety, and Surety shall pay such bidder pursuant to such contract,while the Obligee shall pay the Surety the cost of completion, up to but not exceeding the balance of the contract price. The term "balance of the contract price", as used in this paragraph, � shall mean the total amount payable by the Obligee to Contractor under the Contract and any amendments thereto, less the amount paid by the Obligee to Contractor, of if appropriate, � (3) Pr6mptly pay such sums to the Obligee as the Obligee may be entitled from the Contractor under the Contract Documents,or for the breach thereof, but not exceeding the amount set forth in tthe first paragraph hereof. The surety agrees to be bound by any award granted to the Obligee against the Contractor in ' arbitration or judicial proceedings commenced pursuant to the Contract Documents. No right of action shall accrue on this bond to or for the use of any person or corporation other � than the Obligee named herein or the successors of the Obligee. 5igned and sealed this day of , 19 � Contract�r � �i Y— - ---- � Signatui•e ' (Typed or Printed narne of Signer) Title ' d'Vitn�ss �y ' Signature , (Typed or Printe� name of Signer) Titie � -�--_ ' , GGmeral'S pecs/Ce,«dtns.gen � O 199�i E3oncstr�,Rosene, �i*iderlik Rc Ass„ciate.s,Ine. -SJ - ' ' (If the Contractor is a partnership or joint venture, all artners or P co-venturers must execute this Bond). e Surety ' ' Address � Phone Na. Witness By ' Signature � (Typed or Printed Name of Signer) Title ' (L,c�cal Address & Tetephone Number) ' , (The attorney-in-fact shall attach hereto a copy of hzs power of attorney or other document which � authorizes him to act on behalf of and to bind the surety). i 1 1 i 1 i GencraJSpecsi Ccndtns.gen O t99613onestroo,Roser.e, � Anderlik&Associates,Inc. -56- ' � CERTIFICATE OF ACKNOWLEDGMENT BY PRIlVCIl'AL (For use where Contractor is individual or partnership) ' State of Minnesota ) ) SS. ' County of ) On this day of , 19 , before me personally appeared , to me known to be the person described in and who executed the foregoing bond, and acknowledged that_he executed the same as free act and deed of the individual. ' ' Notary Public (Notarial Seal) CERTIFICATE OF ACKNOWLEDGMENT � (For use where Contractor is a corporation) State of Minnesota ) � ) SS. Cou�t��of ) ' On this�day of , 19 , before me personally appeared and ,to me personally known who,being by me duly sworn,did say that they are respectively the of , that the seal affixed to the , foregoing insttument is the corporate seal of said corporation,and that said instrument was executed in behalf of the corporation by authority of its Board of Directors, and said and acknowledged the:nstrumei�t to be the free act and deed o�said cor�oration, � �_.__...._� —.- Notary Public � (Notariai Seal) ' Full Name of Surety Company Home Office Address ' Full Name of Surety Co. Name of Loca(Agency Address of Local Agency If thrs band is executed outside af the State of Minnesota,it must be countersigned on the Performance Bond ' by a Minnesota resident agent of the Surety. Company. , Name c�f Agent Affixing Countersignature Address M�MC)RANDLJM: Affix her��Fower or Att��rney ancl Acknowled�ment c�f�orporate fiurety. ' Ger.eratt5pacs/Cor.dtns.gen @�199G Bane.sEra>,Rosene, ' rtnderlik oc:4ssac„�tAs,[t�,;. -57- � � LABOR AND ATERIAL PAYMENT BOND , KNOW ALL MEN BY THESE PRESENTS: tha t � as Principal, (hereinafter called Contractor) and, as Surety (hereinafter called Surety) are held and firmly bound unto as Obligee(hereinafter called Obligee)for the use and benefit of claimants as hereinbelow defined, � in the amount of Dollars ($ ), for the payment whereof Contractor and Surety bind themselves, their heirs, executors, administrators, successors and assigns,jointly and severally, firmly by these presents. � WHEREAS, Contractor has by written agreement dated ,entered into a contract with Obligee for construction of in accordance with Drawings and Speci�cations prepared by Bonestroo. Rosene. Anderlik&Associates Inc which � contract is by reference made a part hereof, and is hereinafter referred to as the Contract. NO`'V,THEREFORE,THE CONDITION OF THIS OBLIGATION is such that, if Contractor � shall promptly make payment to all claimants as hereinafter defined, for all labor and material used or reasonably required fdr use in the performance of the Contract and shall keep the Project free and ciear of all liens as provided in the Contract, then this obligation shall be void; otherwise it shall ' remain in full force and effect, subject, however, to the following conditions: . ' 1. Claimant is defined as one permitted by applicable law to file a Public Contractor's Bond claim for labor, material, or both, used or reasonably required for use in the performance of the • Contract, labor and materiai being construed to include without limitation that part of water, gas, � power, light, heat, oil, gasoline, telephone service, rental of equipment, insurance premiums, taxes, and any items for which a claim or lien may be filed against the Obligee under the appdicable law. � 2. The above named Contractor and Surety hereby jointly and severally agree with the Obligee that every claimant as herein defined, who has not been paid in full may sue on this bond for t1r,, use of such claimant, prosecute the suit to final judgment for such sums as may be justly due claimant, ' and have execution thereon. The Obligee sha11 not be liable for the payment of any costs or expenses of any such suit. , , ' � � Ger�araUSpecs/Condtns.gen � fJ 199b B�nestroa,Rosene, Auderlik&Associates,Inc. -S8- , � 3. No suit or action shall be commenced hereunder b an y y claimant: � (a) Unless claimant shall have filed a Public Contractors Bond Claim in the form and within the time provided under applicable law, or t (b) After expiration of time for enforcement of a Public Contractors Bond Claim by legal action. ' 4. The amount of this bond shall be reduced by and to the extent of any payment or payments made in good faith hereunder. � 5. The Contractor and Surety shall keep the Project free and clear of liens and shall promptly remave any and all liens filed against the Project by claimants. � 6. The Obligee's right of action on this bond, or for the breach thereof, shall not be limited b Y the conditions set farth in paragraphs 1 through 3 abovz. � , Contractor , By Signature � (Typeci or Printed name of Signc;r) � Titie �� , �itness By Signature , � (Typed or Printed name of Signer) Title � (If the Contractor as a partnership or joi�it venture, aif � partnexs c�r c�-venturers must execute this Bonc�). � Gener:�/Specs/C'.ondtns.gert ' C�199b Bonestroa,Rosene, '.�idr;riik�.Ay�ocia¢ea.Ir�c. -59- , ' (If the Contractor is a partnershi or 'oint venture, all P J partners or co-venturers must execute this Bond). � � Surety ' Address , Phone No. � Witness By Signature � (Typed or Printed Name of Signer) � Title . ' (I.oca1 Address &Telephone Number) 1 ('�'he attorney-in-fact shall attach hereto a copy of his � power of attorney or other document which authori�es him to act on behalf of and to �ri�cl the surety). � ' � � ' � Grre.aUSpecs/Condtns.gen , O 1996 Bone�troo,Rosene, rt�derlik Sc Assa;iates,Inc. -6�1- � ' CF.RTIFICATE OF ACKNOWLEDGMENT BY PRINCIPAL (For use where Contractor is individual or partnership) , Siate of Minnesota ) )SS. ' County of ) On this day of , 19_, before me personally appeazed , , to me known to be the person described in and who executed the foregoing bond, and acknowledged that he executed the same as free act and deed of the individual. � ' Notary Public (Notarial Seal) ' CERTIFICATE OF ACKNOWLEDGMENT (For use where Contractor is a corporation) � State of Minnes��a ) ) SS. � County of � ) , , On this day of , 19 , before me personally appeared and , to me personally known who, being by me duly swarn, did say that they are ' respectively tt�e and , of that the seal a�xed to the foregoing instrument is the corporate seal of said corporation, and that said instrument was executed in behalf of the corporation by authority of its Board of Directars, and said ' and _ acknowledged the instrument to be the free act and deed of said co*�oration. � Notary Public � (Notatial Seal) Full Name of Surety Campany Horne Office Address � Full Name of Surety Co. Name of Local Agency Address of Local Agency ' If this bond is executed outside af t�e State of Minnesota,it must be countersi ned on the Performance Bond g by a Minnesota resident agent of the Surety Company. ' Name of Agent Affixing Countersignature Address , MEMORANDUM: Af�'ix here Power of Attorney and Acknowled�ment of Corporate Surety. GeneraUSpecs/Condms.gen ' (�1996 Bonestroo,Rosene, A�der!ik&fisseciaees,Inc. -61 -