4.0 FH GENERAL CONDITIONS - 061517GC-1
GENERAL CONDITIONS
1. DEFINITIONS
Wherever used in the CONTRACT DOCUMENT, the following terms shall have the meanings
indicated which shall be applicable to both the singular and plural thereof:
1.1 ADDENDA – Written or graphic instruments issued prior to the execution of the
Agreement which modify or interpret the CONTRACT DOCUMENTS, DRAWINGS
and SPECIFICATIONS, by additions, deletions, clarifications or corrections.
1.2 BID – The offer or proposal of the BIDDER submitted on the prescribed form setting
forth the prices for the WORK to be performed.
1.3 BIDDER – Any person, firm or corporation submitting a BID for WORK.
1.4 BONDS – BID, Performance and Payment BONDS and other instruments of security,
furnished by the CONTRACTOR and his surety in accordance with the CONTRACT
DOCUMENTS.
1.5 CHANGE ORDER – A written order issued by the ENIGNEER to the CONTRACTOR,
authorizing an addition, deletion or revision in the WORK within the general scope of the
CONTRACT DOCUMENTS, or authorizing an adjustment in the CONTRACT PRICE
or CONTRACT TIME.
1.6 CONSTRUCTION OBESERVER – The ENGINEER’S authorized representative
assigned to observe the CONTRACTOR’S WORK as it progresses.
1.7 CONTRACT DOCUMENTS – The contract, including Advertisement for BIDS,
Information to BIDDERS, BID, BID Bond, Agreement, Payment Bond, Performance
Bond, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE ORDERS, PLANS
SPECIFICATIONS, and ADDENDA.
1.8 CONTRACT PRICE – The total monies payable to the CONTRACTOR under the terms
and conditions of the CONTRACT DOCUMENTS.
1.9 CONTRACT TIME – The number of calendar days stated in the CONTRACT
DOCUMENTS for the completion of the WORK.
1.10 CONTRACTOR – The person, firm or corporation with whom the OWNER has executed
the Agreement.
1.11 ENGINEER – Sathre-Bergquist, Inc., 150 South Broadway, Wayzata, Minnesota and its
authorized representatives.
1.12 FIELD ORDER – A written order effecting a change in the WORK not involving an
adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued
by the ENGINEER to the CONTRACTOR during construction.
1.13 MATERIALS – Any substances specified for use in the construction of the PROJECT
and it appurtenances.
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1.14 NOTICE OF AWARD – The written notice of the acceptance of the BID from the
OWNER to the successful BIDDER.
1.15 NOTICE TO PROCEED – Written communication issued by the OWNER to the
CONTRACTOR authorizing him to proceed with the WORK and establishing the date of
commencement of the WORK.
1.16 OWNER – A public or quasi-public body or authority, corporation, association,
partnership, or individual for whom the WORK is to be performed.
1.17 PLANS – The part of the CONTRACT DOCUMENTS which show the characteristics
and scope of the WORK to be performed and which have been prepared or approved by
the ENGINEER.
1.18 PROJECT – The undertaking to be performed as provided in the CONTRACT
DOCUMENTS.
1.19 RESIDENT PROJECT REPRESENTATIVE – The authorized representative of the
OWNER who is assigned to the PROJECT site or any part thereof.
1.20 SHOP DRAWINGS – All drawings, diagrams, illustrations, brochures, schedules and
other data which are prepared by the CONTRACTOR, a SUBCONTRACTOR,
manufacturer, SUPPLIER or distributor, which illustrate how specific portions of the
WORK shall be fabricated or installed.
1.21 SPECIAL PROVISIONS – Additions and revisions to the standard and supplemental
specifications covering conditions peculiar to and individual PROJECT.
1.22 SPECIFICATIONS – A part of the CONTRACT DOCUMENTS consisting of written
descriptions of a technical nature of MATERIALS, equipment, construction systems,
standards and workmanship.
1.23 SUBCONTRACTOR – An individual, firm or corporation having a direct CONTRACT
with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of
a part of WORK at the site.
1.24 SUBSTANTIAL COMPLETION – That date as certified by the ENGINEER when the
construction of the PROJECT or a specified part thereof is sufficiently completed, in
accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part
can be utilized for the purposes for which it is intended.
1.25 SUPPLEMENTAL GENERAL CONDITIONS – Modifications to General Conditions
required by a Federal agency for participation in the PROJECT and approved by the
agency in writing prior to inclusion in the CONTRACT DOCUMENTS, or such
requirements that may be imposed by applicable state laws.
1.26 SUPPLIER - Any person or organization who supplies MATERIALS or equipment for
the WORK, including that fabricated to a special design, but who does not perform labor
at the site.
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1.27 WORK – All labor, MATERIALS, equipment, and other incidentals necessary or
convenient to the successful completion of the PROJECT and the carrying out of all the
duties and obligations imposed by the CONTRACT DOCUMENTS upon the
CONTRACTOR.
1.28 WRITTEN NOTICE – Any notice to any party of the Agreement relative to any part of
this Agreement in writing and considered delivered and the service thereof completed,
when posted by certified or registered mail to the said party or his authorized
representative on the WORK.
2. ADDITIONAL INSTRUCTION AND DETAIL DRAWINGS
2.1 The CONTRACTOR may be furnished additional instructions and detail drawings, by the
ENGINEER, as necessary to carry out the WORK required by the CONTRACT
DOCUMENTS.
2.2 The additional drawings and instructions thus supplies will become a part of the
CONTRACT DOCUMENTS. The CONTRACTOR shall carry out the WORK in
accordance with the additional detail drawings and instructions.
3. SCHEDULES, REPORTS AND RECORDS
3.1 The CONTRACTOR shall submit to the OWNER such schedule of quantities and costs,
progress schedules, payrolls, reports, estimates, records and other data where applicable
and as are required by the CONTRACT DOCUMENTS for the WORK to be performed.
3.2 Prior to the start of WORK the CONTRACTOR shall submit construction progress
schedules showing the order in which he proposes to carry on the WORK, including
dates at which he will start the various parts of the WORK, estimated date of completion
of each part and, as applicable:
3.2a The dates at which special detail drawings will be required; and
3.2b Respective dates for submission of SHOP DRAWINGS, the beginning of
manufacture, the testing and the installation of MATERIALS, supplies and equipment.
3.3 The CONTRACTOR shall also submit a schedule of payments that he anticipates he will
earn during the course of the WORK.
4. DRAWINGS AND SPECIFICATIONS
4.1 The Intent of the DRAWINGS and SPECIFICATIONS is that of the CONTRACTOR
shall furnish all labor, MATERIALS, tools, equipment, and transportation necessary for
the proper execution of the WORK in accordance with the CONTRACT DOCUMENTS
and all incidental work necessary to complete the PROJECT in an acceptable manner,
ready for use, occupancy or operation by the OWNER.
4.2 In case of conflict between the PLANS and SPECIFICATIONS, the SPECIFICATIONS
shall govern over Figure dimensions on the PLANS, Figure dimensions shall govern over
(scaled) dimensions, and approved detailed DRAWINGS shall govern over the general
PLANS.
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4.3 Any discrepancies found between the PLANS and SPECIFICATIONS and site
conditions or any inconsistencies or ambiguities in the PLANS or SPECIFICATIONS
shall be immediately reported to the ENGINEER, in writing, who shall promptly correct
such inconsistencies or ambiguities in writing. WORK done by the CONTRACTOR
after his discovery of such discrepancies, inconsistencies or ambiguities shall be done at
the CONTRACTORS risk.
5. CONFORMANCE WITH STANDARD SPECIFICATIONS
5.1 All WORK shall conform with the requirements of the latest Standard Specifications as
follows:
5.1a The Standard Utilities Specifications for Watermain and Service Line Installation
and Sanitary Sewer and Storm Sewer Installation, as published by the League of
Minnesota Municipalities.
5.1b The Standard Specifications for Construction as prepared by the Minnesota
Department of Transportation.
5.1c The Standard Specifications which govern construction within the Municipality
that the project is in.
5.2 The above requirements shall not be construed to permit a lower grade of construction
where PLANS and specifications call for workmanship or MATERIALS of a higher
grade.
6. SHOP DRAWINGS
6.1 The CONTRACTOR shall provide SHOP DRAWINGS as may be necessary for the
prosecution of the WORK as required by the CONTRACT DOCUMENTS. The
ENGINEER shall promptly review all SHOP DRAWINGS. The ENGINEER’S approval
of any SHOP DRAWING shall not release the CONTRACTOR from responsibility for
deviations from the CONTRACT DOCUMENTS. The approval of any SHOP
DRAWING which substantially deviates from the requirement of the CONTRACT
DOCUMENTS shall be evidenced by a CHANGE ORDER.
6.2 When submitted for the ENGINEER’S review, SHOP DRAWINGS shall bear the
CONTRACTORS certification that he has reviewed, checked and approved the SHOP
DRAWINGS and that they are in conformance with the requirements of the CONTRACT
DOCUMENTS.
6.3 Portions of the WORK requiring a SHOP DRAWING or sample submission shall not
begin until the SHOP DRAWING or submission has been approved by the ENGINEER.
A copy of each approved SHOP DRAWING and each approved sample shall be kept in
good order by the CONTRACTOR at the site and shall be available to the ENGINEER.
7. MATERIALS, SERVICES AND FACILITIES
7.1 It is understood that, except as otherwise specifically stated in the CONTRACT
DOCUMENTS, the CONTRACTOR shall provide and pay for all MATERIALS,
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labor, tools, equipment, water, light, power, transportation, supervision, temporary
construction of any nature, and all other services and facilities of any nature
whatsoever necessary to execute, complete, and deliver the WORK within the
specified time.
7.2 MATERIALS and equipment shall be so stored as to insure the preservation of
their quality and fitness for WORK. Stored MATERIALS and equipment to be
incorporated in the WORK shall be located so as to facilitate prompt inspection.
7.3 Manufactured articles, MATERIALS and equipment shall be applied, installed,
connected, erected, used, cleaned and conditioned as directed by the manufacturer.
7.4 MATERIALS, supplies and equipment shall be in accordance with samples
submitted by the CONTRACTOR and approved by the ENGINEER.
7.5 MATERIALS, supplies or equipment to be incorporated into the WORK shall not
be purchased by the CONTRACTOR or the SUBCONTRACTOR subject to a
chattel mortgage or under a conditional sale contract or other agreement by which
an interest is retained by the seller.
8. INSPECTION AND TESTING
8.1 All MATERIALS and equipment used in construction of the PROJECT shall be subject
to adequate inspection and testing in accordance with generally accepted standards, as
required and defined in the CONTRACT DOCUMENTS.
8.2 The OWNER shall provide all inspection and testing services not required by the
CONTRACT DOCUMENTS.
8.3 The CONTRACTOR shall provide at his expense the testing and inspection services
required by the CONTRACT DOCUMENTS.
8.4 If the CONTRACT DOCUMENTS, laws, ordinances, rules, regulations, or orders of any
public authority have jurisdiction require any WORK to specifically be inspected, tested
or approved by someone other than the CONTRACTOR, the CONTRACTOR will give
the ENGINEER timely notice of readiness. The CONTRATOR will then furnish the
ENGINEER the required certificates of inspection, testing or approval.
8.5 Inspections, tests or approvals by the ENGINEER or others shall not relieve the
CONTRACTOR from his obligations to perform the WORK in accordance with the
requirements of the CONTRACT DOCUMENTS.
8.6 The ENGINEER and his representative will at all times have access to the WORK. In
addition, authorized representatives and agents of any participating federal or state
agency shall be permitted to inspect all work, MATERIALS, payrolls, records or
personnel, invoices or MATERIALS, and other relevant data and records. The
CONTRACTOR will provide proper facilities for such access and observation of the
WORK and also for any inspection, of testing thereof.
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8.7 If any WORK is covered contrary to the written instructions of the ENGINEER it must, if
required by the ENGINEER, be uncovered for its observation and replaced at the
CONTRACTOR’S expense.
8.8 If the ENGINEER considers it necessary or advisable that covered WORK be inspected
or tested by others, the CONTRACTOR, at the ENGINEERS request, will uncover,
expose or otherwise make available for observation, inspection or testing as the
ENGINEER may require, that portion of the WORK in question, furnishing all necessary
labor, MATERIALS, tools, and equipment. If it is found that such WORK is defective,
the CONTRACTOR will bear all the expenses of such uncovering, exposure,
observation, inspection and testing and of satisfactory reconstruction. If, however, such
WORK is not found to be defective, the CONTRACTOR will 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 and an appropriate CHANGE ORDER shall be issued.
9. SUBSITITUTIONS
9.1 Whenever a material, article or piece of equipment is identified on the PLANS or
SPECIFICATIONS by reference to brand name or catalogue number, it shall be
understood that this is referenced for the purpose of defining the performance or other
salient requirements and that other products or equal capacities, quality and function shall
be considered. The CONTRACTOR may recommend substitution of a material, article,
or piece of equipment of equal substance and function for those referred to in the name or
catalogue number, and if, in the opinion of the ENGINEER, such material, article or
piece of equipment is of equal substance and function to that specified, the ENGINEER
may approve its substitution and use by the CONTRACTOR. Any cost differential shall
be deductible from the CONTRACT PRICE and the CONTRACT DOCUMENTS shall
be appropriately modified by CHANGE ORDER. The CONTRACTOR warrants that if
substitutes are approved, no major changes in the function or general design of the
PROJECT will result. Incidental changes or extra component parts required to
accommodate the substitute will be made by the CONTRACTOR without a change in the
CONTRACT PRICE or CONTRACT TIME.
10. MERGED ITEMS
10.1 The cost of all MATERIALS, labor, equipment, etc. required for the prosecution of the
WORK as specified and/or as shown on the PLANS shall be merged into the BID Prices
for the WORK.
11. PATENTS
11.1 The CONTRACTOR shall pay all applicable royalties and license fees. He shall defend
all suites or claims for infringement of any patent rights and save the OWNER harmless
from loss on account thereof, except that the OWNER shall be responsible for any such
loss when a particular process, design, or the product of a particular manufacturer or
manufacturers is specified, however if the CONTRACTOR has reason to believe that the
design, process or product specified is an infringement on a patent, he shall be
responsible for such loss unless he promptly gives such information to the ENGINEER.
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12. SURVEYS, PERMITS, REGULATIONS
12.1 The OWNER shall furnish all boundary surveys and establish all base lines for
locating the principal component parts of the WORK together with a suitable
number of bench marks adjacent to the WORK as shown in the CONTRACT
DOCUMENTS. From the information provided by the OWNER, unless otherwise
specified in the CONTRACT DOCUMENTS, the CONTRACTOR shall
develop and make all detail surveys needed for construction such as slope stakes,
batter boards, stakes for pile locations and other working points, lines, elevations
and cut sheets.
12.2 The CONTRACTOR shall carefully preserve bench marks, reference points and
stakes and, in case of willful or careless destruction, he shall be charged with the
resulting expense and shall be responsible for any mistakes that may be caused by their
unnecessary loss or disturbance.
12.3 Permits and licenses of a temporary nature necessary for the prosecution of the
WORK shall be secured and paid for by the CONTRACTOR unless otherwise
stated in the CONTRACT DOCUMENTS. Permits, licenses and easements for
permanent structures or permanent changes in existing facilities shall be secured
and paid for by the OWNER, unless otherwise specified. The CONTRACTOR
shall give all notices and comply with all laws, ordinances, rules and regulations
bearing on the conduct of the WORK as drawn and specified. If the
CONTRACTOR observes that the CONTRACT DOCUMENTS are at variance
therewith, he shall promptly notify the ENGINEER in writing, and any necessary
changes shall be adjusted as provide in Section 16, CHANGES IN THE WORK.
13. CONSTRUCTION STAKING
13.1 Construction staking for the Contract WORK shall be provided in part by the
ENGINEER. The CONTRACTOR shall supplement the staking done by the
ENGINEER as necessary to complete the WORK as specified.
13.2 After lines and grades for any part of the WORK have been given by the ENGINEER,
the CONTRACTOR shall carefully preserve them, and in the case of willfull or careless
destruction, he shall be charged for the cost of restaking by the ENGINEER. The cost of
such restaking shall be withheld from any monies due or to become due the
CONTRACTOR. The CONTRACTOR shall be responsible for the proper execution of
the WORK to such lines and grades and shall at his own expense correct any mistakes
that may be caused by the unauthorized disturbance or removal.
13.3 The CONTRACTOR shall give the ENGINEER notice (at least two (2) working days
prior to) his need for the establishment of lines and grades and shall provide at his own
expense such assistance as is required for setting lines and grades and other reference
points. No additional compensation will be allowed the CONTRACTOR for any claim
of crew holdup due to lack of line and grade stakes.
14. PROTECTION OF WORK, PROPERTY AND PERSONS
14.1 The CONTRACTOR will be responsible for initiating, maintaining, and supervising all
safety precautions and programs in connection with the WORK. He will take all
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necessary protection to prevent damage, injury or loss to all employees on the WORK
and other persons who may be affected thereby, all the WORK and all MATERIALS or
equipment to be incorporated therein, whether in storage on or off the site, and other
property at the site or adjacent thereto, including trees, shrubs, lawns, walks, pavements,
roadways, structures and utilities not designed for removal, relocation or replacement in
the course of construction.
14.2 The CONTRACTOR will comply with all applicable laws, ordinances, rules, regulations
and orders of any public body having jurisdiction. He will erect and maintain, as
required by the conditions and progress of WORK, all necessary safeguards for safety
and protection. He will notify OWNERS of adjacent utilities when prosecution of the
WORK may affect them. The CONTACTOR will remedy all the damage, injury or loss
to any property caused, directly or indirectly, in whole, or in part, by the
CONTRACTOR, any SUBCONTRACTOR or anyone directly or indirectly employed by
any of them or anyone for whose acts any of them may be liable, except damage or loss
attributable to the fault or the CONTRACT DOCUMENTS or to the acts or omissions of
the OWNER or the ENGINEER or anyone employed by either of them of anyone for
whose acts either of them may be liable, and not attributable, directly or indirectly, in
whole or in part, to the fault or negligence of the CONTRACTOR.
14.3 In emergencies affecting the safety of persons of the WORK of property at the site or
adjacent thereto, the CONTRACTOR, without special instruction or authorization from
the ENGINEER or OWNER, shall act to prevent threatened damage, injury or loss. He
will give the ENGINEER prompt WRITTEN NOTICE of any significant changes in the
WORK of deviations from the CONTRACT DOCUMENTS caused thereby, and a
CHANGE ORDER shall thereupon be issued covering the changes and deviations
involved.
14.4 The CONTRACTOR shall furnish, erect, and maintain proper construction signing as
necessary to protect the WORK and the public. All signing methods, MATERIALS, and
maintenance shall meet approval by the ENGINEER and be in accordance with the
Minnesota Manual on Uniform Traffic Control.
14.4a The CONTRACTOR shall furnish and erect such barricades, fences, lights and
signs, and shall provide watchmen and take other precautionary measures for the
protection of persons and property necessary. Excavations in or adjacent to public streets
shall be securely protected so as to prevent access by small children. Barricades and
construction signing shall have a reflective surfacing per “Manual of Uniform Traffic
Control Devices for Streets and Highways.” A sufficient number of barricades and
warning devices shall be used for the necessary effectiveness and for keeping vehicles
from being driven on or into WORK areas in which traffic is not authorized.
14.4b When a detour is necessary, the ENGINEER shall designate, with City Traffic
Engineer’s approval, its route and the CONTRACTOR shall furnish and post detour signs
of the type and sizes as required.
14.4c All construction signing MATERIALS, devices, and processes shall be in
compliance with the City and/or County standards and the “Manual of Uniform Traffic
Control Devices for Streets and Highways” as adopted by the State of Minnesota.
Placement and removal of construction signing shall be properly coordinated with the
other WORK processes. The CONTRACTOR is responsible for the construction
signing.
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14.5 When existing sewers have to be taken up and removed, the CONTRACTOR at
his own cost and expense provide and maintain temporary outlets and connections
for all private or public drains and sewers. The CONTRACTOR shall also take care of
all sewage and drainage which will be received from these drains and sewers; and for this
purpose he shall provide and maintain, at his own expense, adequate pumping facilities
and temporary outlets or diversions. The CONTRACTOR at his own expense shall
construct troughs, pipes, or other necessary structures, and be prepared at all times to
dispose of drainage and sewage received from these temporary connections until such
time as the permanent connections are built and in service. The existing sewers and
connections shall be kept in service and maintained under the CONTRACT, except
where specified or ordered to be abandoned by the ENGINEER. All water or sewage
shall be disposed of in a satisfactory manner so that no nuisance is created and so that the
WORK under construction will be adequately protected.
14.6 At all shaft sites and on all open cut WORK, the CONTRACTOR shall provide and
maintain free access to fire hydrants, water and gas valves, manholes and similar
facilities. Gutters and waterways shall be kept open or other satisfactory provisions made
for the removal of storm water.
14.7 The CONTRACTOR shall provide at his own cost and expense all methods
for adequately draining the WORK and shall assume full responsibility and
liability for damage to persons or property resulting from such damage. No
separate compensation will be paid for sub-drains, or other methods of draining,
but the cost will be merged with such contract pay items as are provided in the
PROPOSAL AND CONTRACT.
14.8 No trees shall be cut except upon the written permission of the
ENGINEER. Trees adjacent to the WORK shall be protected from all damage
by the construction operations.
14.9 The CONTRACTOR shall protect and leave undisturbed those makers or
monuments set for the subdivision of the land. Any cost for surveying required
to replace subdivision markers due to the CONTRACTORS careless construction
practices shall be borne by the CONTRACTOR.
14.10 All damage done to existing improvements during the progress of this
improvement shall be repaired by the CONTRACTOR under the direction of the
ENGINEER. Such repairs shall be made according to the requirements of the
Standard SPECIFICATIONS of the City for various types of improvements or
Classes of WORK required.
14.11 The CONTRACTOR shall be entirely responsible for the protection of all
improvements that are not designated by the ENGINEER to be removed for proper
construction of the PROJECT.
14.12 The CONTRACTOR shall not enter upon private property for any purpose
without previously obtained permission of the OWNER. The CONTRACTOR
shall be responsible for the preservation of, and shall use every precaution to
prevent damage to all trees, shrubbery, plants, lawns, fences, culverts, bridges,
pavements, driveways, sidewalks, etc; all water, sewer, gas lines; all conduits; all
overhead pole lines or appurtenances thereof; and all public or private property
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along or adjacent to the WORK.
14.13 The CONTRACTOR shall notify the proper representative of any public
utility, corporation, and company or individual, not less than forty-eight hours in
advance of and WORK which might interfere with the operation on their or his
property along or adjacent to the WORK. The CONTRACTOR shall be responsible for
all damages or injury to property of any character resulting from any act, omission,
neglect or misconduct in the manner or method of executing the WORK, or due to his
non-execution of the WORK, or at any time due to defective WORK or MATERIALS.
He shall restore or have restored at his own cost and expense, such property to a
condition equal to that existing before such damage or injury was done, by repairing,
rebuilding, or otherwise restoring as may be directed, or he shall make good such damage
from injury in a manner acceptable to the City or the ENGINEER. In case of failure on
the part of the CONTRACTOR to restore such property or make good such damage or
injury, the OWNER may, upon forty-eight hours’ WRITTEN NOTICE under ordinary
circumstances and without notice when a nuisance or hazardous condition results,
proceed to repair, rebuild or otherwise restore such property as may be determined
necessary, and the cost thereof will be deducted from any monies due to the
CONTRACTOR under his CONTRACT and if not so deducted, the CONTRACTOR will
be obligated to forthwith reimburse the OWNER for the cost thereof.
14.14 The CONTRACTOR shall perform all WORK in a manner so as to minimize
the pollution of air, water, or land, and shall within reasonable limits control noise
and the disposal of solid waste MATERIALS as well as other pollutants.
14.15 Prior to the start of any on-site construction activities, the CONTRACTOR and
the OWNER’S representative shall make a joint condition survey of the work areas and
assigned storage area. Except for any WORK or storage area and access routes
specifically assigned for the use of CONTRACTOR under this CONTRACT, the area
outside the limits of permanent WORK performed under this CONTRACT shall be
preserved in their pre-existing condition. The CONTRACTOR shall confine his
construction activities to areas defined for WORK on the PLANS or specifically assigned
for his use. Storage and related areas and access routes required temporarily by the
CONTRACTOR in the performance of the WORK will be assigned by the OWNER’S
representative. The CONTRACTOR shall submit a description of his scheme for
disposing of waste MATERIALS resulting from the WORK under this CONTRACT. If
any waste material is dumped in unauthorized areas, the CONTRACTOR shall remove
the material and restore the area to the condition of the adjacent undisturbed areas.
14.16 Material may not be buried or otherwise disposed of at the construction site unless
a specific disposal location has be designated by the ENGINEER or as described in the
SPECIAL PROVISIONS.
14.17 The CONTRACTOR shall maintain all access routes and other WORK areas free
from excess dust to such reasonable degree as to avoid causing a hazard or
nuisance to the public.
14.18 The CONTRACTOR shall, unless otherwise instructed by the OWNER’S
representative, obliterate all signs of temporary construction facilities such as WORK
areas, structures, stockpiles of excess or waste MATERIALS, and other vestiges of
construction prior to Final Acceptance of the WORK.
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14.19 The CONTRACTOR shall, take positive measures to maintain drainage and
control construction borne sedimentation and erosion. This shall be accomplished by
placement of siltation fencing and the construction of cutoff ditches, berms and debris
basins and by other on-site protection. Any temporary ditching, culverts, and siltation
fencing necessary to accomplish this end shall be at the CONTRACTOR’S expense
unless a BID ITEM is provided for the WORK.
15. SUPERVISION BY CONTRACTOR
15.1 The CONTRACTOR will supervise and direct the WORK. He will be solely responsible
for the means, methods, techniques, sequences and procedures of construction. The
CONTRACTOR will employ and maintain on the WORK a qualified supervisor or
superintendent who shall have been designated in writing by the CONTRACTOR as the
CONTRACTOR’S representative at the site. The supervisor shall have full authority to
act on behalf of the CONTRACTOR and all communications given to the supervisor
shall be as binding as if given to the CONTRACTOR. The supervisor shall be present on
the site at all times as required to perform adequate supervision and coordination of the
work.
16. CHANGES IN THE WORK
16.1 The OWNER may at any time, as the need arises, order changes within the scope of the
WORK without invalidating the Agreement. If such changes increase or decrease the
amount due under the CONTRACT DOCUMENTS, or in the time required for
performance of the WORK, and equitable adjustment shall be authorized by CHANGE
ORDER.
16.2 The ENGINEER, also, may at any time, by issuing a FIELD ORDER, make changes in
the details of the WORK. The CONTRACTOR shall proceed with the performance of
any changes in the WORK so ordered by the ENGINEER unless the CONTRACTOR
believes that such FIELD ORDER entitles him to a change in the CONTRACT PRICE or
TIME, or both, in which event he shall give the ENGINEER WRITTEN NOTICE thereof
within seven (7) days after the receipt of the ordered change. Thereafter the
CONTRACTOR shall document the basis for the change in CONTRACT PRICE or
TIME within thirty (30) days. The CONTRACTOR shall not execute such changes
pending the receipt of an executed CHANGE ORDER or further instruction from the
OWNER.
17. CHANGES IN CONTRACT PRICE
17.1 The CONTRACT PRICE may be changed only by a CHANGE ORDER. The value of
any WORK covered by a CHANGE ORDER or of any claim for increase or decrease in
the CONTRACT PRICE shall be determined by one or more of the following methods in
the order of precedence listed below:
(a) Unit prices previously approved.
(b) An agreed lump sum.
(c) The actual cost for labor, direct overhead, MATERIALS, supplies, and other
services necessary to complete the WORK. In addition there shall be added an
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amount to be agreed upon but not to exceed fifteen (15) percent of the actual cost
of the WORK to cover the cost of general overhead and profit.
18. TIME FOR COMPLETION AND LIQUIDATED DAMAGES
18.1 The date of beginning and the time for completion of the WORK are essential conditions
of the CONTRACT DOCUMENTS and the WORK embraced shall be commenced on a
date specified in the NOTICE TO PROCEED.
18.2 The CONTRACTOR will proceed with the WORK at such rate of progress to insure full
completion within the CONTRACT TIME. It is expressly understood and agreed, by and
between CONTRACTOR and the OWNER, that the CONTRACT TIME for the
completion of WORK described herein is a reasonable time, taking into consideration
that average climatic and economic conditions and other factors prevailing in the locality
of the WORK.
18.3 If the CONTRACTOR shall fail to complete the WORK within the CONTRACT TIME,
or extension of time granted by the OWNER, then the CONTRACTOR will pay to the
OWNER the amount for liquidated damages as specified in the BID for each calendar
day that the CONTRACTOR shall be in default after the time stipulated in the
CONTRACT DOCUMENTS.
18.4 The CONTRACTOR shall not be charged with liquidated damages or any excess cost
when the delay in completion of the WORK is due to the following, and the
CONTRACTOR has promptly given WRITTEN NOTICE of such delay to the OWNER
or ENGINEER.
18.4a To any preference, priority or allocation order duly issued by the OWNER.
18.4b To unforeseeable causes beyond the control and without the fault or negligence
of the CONTRACTOR, including but not restricted to, acts of God, or of the public
enemy, acts of OWNER, acts of another CONTRACTOR in the performance of a
contract with the OWNER, fires, floods, epidemics, quarantine restrictions, strikes,
freight embargoes, and abnormal and unforeseeable weather; and
18.4c To any delays of SUBCONTRACTORS occasioned by any of the causes
specified in paragraphs 18.4a and 18.4b of this article.
19. CORRECTION OF WORK
19.1 The CONTRACTOR shall promptly remove from the premises all WORK rejected by
the ENGINEER for failure to comply with the CONTRACT DOCUMENTS, whether
incorporated in the construction or not, and the CONTRACTOR shall promptly replace
and re-execute the WORK in accordance with the CONTRACT DOCUMENTS and
without expense to the OWNER and shall bear the expense of making good all WORK of
other CONTRACTORS destroyed or damaged by such removal or replacement.
19.2 All removal and replacement WORK shall be done at the CONTRACTOR’S expense. If
the CONTRACTOR does not take action to remove such rejected WORK within ten (10)
days after receipt of WRITTEN NOTICE, the OWNER may remove such WORK store
the MATERIALS at the expense of the CONTRACTOR.
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20. SUBSURFACE CONDITIONS
20.1 The CONTRACTOR shall promptly, and before such conditions are disturbed, except in
the even of any emergency, notify the OWNER by WRITTEN NOTICE of:
20.1a Subsurface or latent physical conditions at the site differing materially from those
indicated in the CONTRACT DOCUMENTS; or
20.1b Unknown physical conditions at the site, of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as inherent in
WORK of the character provided for in the CONTRACT DOCUMENTS.
20.2 The OWNER shall promptly investigate the conditions, and if he finds that such
conditions do so materially differ and cause an increase or decrease in the cost of, or in
the time required for, performance of the WORK, and equitable adjustment shall be made
and the CONTRACT DOCUMENTS shall be modified by a CHANGE ORDER. Any
claim of the CONTRACTOR for adjustment shall be made and the CONTRACT
DOCUMENTS shall be modified by a CHANGE ORDER. Any claim of the
CONTRACTOR for adjustment hereunder shall not be allowed unless he has given the
required WRITTEN NOTICE; provided that the OWNER may, if he determines the facts
so justify, consider and adjust any such claims asserted before the date of final payment.
21. SUSPENSION OF WORK, TERMINATION AND DELAY
21.1 The OWNER may suspend the WORK or any portion there of for a period of not
more then ninety (90) days of such further time as agreed upon by the
CONTRACTOR, by WRITTEN NOTICE to the CONTRACTOR and the
ENGINEER which notice shall fix the date on which WORK shall be resumed.
The CONTRACTOR will resume that WORK on the date so fixed. The CONTRACTOR
will be allowed an increase in the CONTRACT PRICE or an
extension of the CONTACT TIME, or both, directly attributable to any
suspension.
21.2 If the CONTRACTOR is adjudged as bankrupt or insolvent, or if he makes a
general assignment for the benefit of his creditors, or if a trustee or receiver
is appointed for the CONTRACTOR or for any of his property, or if he files
a petition to take advantage of any debtor’s act, or to reorganize under the
bankruptcy or applicable laws, or if he repeatedly fails to supply sufficient
skilled workers or suitable MATERIALS or equipment, or if he repeatedly
fails to make prompt payments to SUBCONTRACTORS or for labor,
MATERIALS or equipment or if he disregards laws, ordinances, rules,
regulations or orders or any public body having jurisdiction of the WORK
or if he disregards the authority of the ENGINEER, or if he otherwise violates
any provisions of the CONTRACT DOCUMENTS, then the OWNER may,
without prejudice to any other right or remedy and after giving the
CONTRACTOR and his surety a minimum of ten (10) days from delivery of a
WRITTEN NOTICE, terminate the services of the CONTRACTOR and take
possession of the PROJECT and all MATERIALS, equipment, tools,
construction equipment and machinery thereon owned by the CONTRACTOR,
and finish the WORK by whatever method he may deem expedient. In such case
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the 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 PROJECT, including compensation for
additional professional services, such excess shall be paid to the CONTRACTOR.
If such costs exceed such unpaid balance, the CONTRACTOR will pay the
difference to the OWNER. Such costs incurred by the Owner will be determined
by the ENGINEER and incorporated in a CHANGE ORDER.
21.3 Where the CONTRACTORS services have been so terminated by the OWNER,
said termination shall not affect any right of the OWNER against the
CONTRACTOR then existing or which may thereafter accrue. Any retention
or payment of monies by the OWNER due the CONTRACTOR will not release
the CONTRACTOR from compliance with the CONTRACT DOCUMENTS.
21.4 After ten (10) days from delivery of a WRITTEN NOTICE to the CONTRACTOR
and the ENGINEER, the OWNER may, without cause and without prejudice to any
other right or remedy, elect to abandon the PROJECT and terminate the
CONTRACT. In such case, the CONTRACTOR shall be paid for all WORK
Executed and any expense sustained plus reasonable profit.
21.5 If, through no act or fault of the CONTRACTOR the WORK is suspended for a
period of more than ninety (90) days by the OWNER or under an order of court
or other public authority, or the ENGINEER fails to act on any request for payment
within thirty (30) days after it is submitted, or the OWNER fails to pay the
CONTRACTOR substantially the sum approved by the ENGINEER or awarded
by arbitrators within thirty (30) days of its approval and presentation, then the
CONTRACTOR may, after ten (10) days from delivery of a WRITTEN NOTICE
to the OWNER and the ENGINEER, terminate the CONTRACT and recover
from the OWNER payment for all WORK executed and all expenses sustained.
In addition and in lieu of terminating the CONTRACT, if the ENGINEER has
failed to act on a request for payment or if the OWNER has failed to make any
payment as aforesaid, the CONTRACTOR may upon ten (10) days WRITTEN
NOTICE to the OWNER and the ENGINEER stop the WORK until he has been
paid all amounts then due, in which event and upon resumption of the WORK,
CHANGE ORDERS shall be issued for adjusting the CONTRACT PRICE or
extending the CONTRACT TIME or both to compensate for the costs and delays
attributable to the stoppage of the WORK.
21.6 In the performance of all or any portion of the WORK is suspended, delayed, or
interrupted as a result of a failure of the OWNER or ENGINEER to act within the time
specified in the CONTRACT DOCUMENTS, or if no time is specified, within a
reasonable time, an adjustment in the CONTRACT PRICE or an extension of the
CONTRACT TIME, or both, shall be made by CHANGE ORDER to compensate the
CONTRACTOR for the costs and delays necessarily caused by the failure of the OWNER
or ENGINEER.
22. PAYMENTS TO CONTRACTOR
22.1 At least fifteen (15) days before each progress payment falls due (but not more often than
once a month), the CONTRACTOR will submit to the ENGINEER a partial payment
estimate filled out and signed by the CONTRACTOR covering the WORK performed
GC-15
during the period covered by the partial payment estimate and supported by such data as
the ENGINEER may reasonably require. If payment is requested on the basis of
MATERIALS and equipment not incorporated in the WORK but delivered and suitably
stored at or near the site, the partial payment estimate shall also be accompanied by such
supporting data, satisfactory to the OWNER, as will establish the OWNER’S title to the
material and equipment and protect his interest therein, including applicable insurance.
The ENGINEER will, within ten (10) days after receipt of each partial payment estimate,
either indicate in writing his approval of payment and present the partial payment
estimate to the OWNER, or return the partial payment estimate to the CONTRACTOR
indicating in writing his reasons for refusing to approve payment. In the latter case, the
CONTRACTOR may make the necessary corrections and resubmit the partial payment
estimate. The OWNER will within thirty (30) days of presentation to him of an approved
partial payment estimate, pay the CONTRACTOR a progress payment on the basis of the
approved partial payment estimate. The OWNER shall retain ten (10%) percent of the
amount of each payment until final completion and acceptance of all WORK covered by
the CONTRACT DOCUMENTS. The OWNER at any time, however, after fifty (50%)
percent of the WORK has been completed, if he find that satisfactory progress is being
make, shall reduce retainage to five (5%) percent on the current and remaining estimates.
When the WORK is substantially complete (operational or beneficial occupancy), the
retained amount may be further reduced below five (5%) percent to only that amount
necessary to assure completion. On completion and acceptance of a part of the WORK
on which the price is stated separately in the CONTRACT DOCUMENTS, payment may
be made in full, including retained percentages, less authorized deductions.
22.2 The request for payment may also include an allowance for the cost of such major
MATERIALS and equipment which are suitably stored either at or near the site. The
CONTRACTOR shall submit with the payment request documentation such as invoices
substantiating the MATERIALS on hand.
22.3 Prior to SUBSTANTIAL COMPLETION, the OWNER, with the approval of the
ENGINEER and with the concurrence of the CONTRACTOR, may us any completed or
substantially completed portions of the WORK. Such use shall not constitute an
acceptance of such portions of the WORK.
22.4 The OWNER shall have the right to enter the premises for the purpose of doing WORK
not covered by the CONTRACT DOCUMENTS. This provision shall not be construed
as relieving the CONTRACTOR of the sole responsibility for the care and protection of
the WORK, or the restoration of any damaged WORK except such as may be caused by
agents or employees of the OWNER.
22.5 Upon completion and acceptance of the WORK, the ENGINEER shall issue a certificate
attached to the final payment request that the WORK has been accepted by him under the
conditions of the CONTRACT DOCUMENTS. The entire balance found to be due the
CONTRACTOR, including the retained percentages, but except such sums as may be
lawfully retained by the OWNER, shall be paid to the CONTRACTOR WITHIN thirty
(30) days of completion and acceptance of the WORK.
22.6 The CONTRACTOR will indemnify and save the OWNER or the OWNER’S agents
harmless from all claims growing out of the lawful demands of SUBCONTRACTORS,
labors workers, mechanics, materialmen, and furnishers of machinery and parts thereof,
equipment, tools, and all supplies, incurred in the furtherance of the performance of the
GC-16
WORK. The CONTRACTOR shall at the OWNER’S request, furnish satisfactory
evidence that all obligations of the nature designated above have been paid, discharged,
or waived. If the CONTRACTOR fails to do so the OWNER may, after having notified
the CONTRACTOR, either pay unpaid bills or withhold for the CONTRACTOR’S
unpaid compensation a sum of money deemed reasonably sufficient to pay any and all
such lawful claims until satisfactory evidence is furnished that all liabilities have been
fully discharged whereupon payment to the CONTRACTOR shall be resumed, in
accordance with the terms of the CONTRACT DOCUMENTS, but in no event shall the
provisions of this sentence be construed to impose any obligations upon the OWNER to
either the CONTRACTOR, his Surety, or any third party. In paying any unpaid bills of
the CONTRACTOR, any payment so make by the OWNER shall be considered as a
payment make under the CONTRACT DOCUMENTS by the OWNER to the
CONTRACTOR and the OWNER shall not be liable to the CONTRACTOR for any such
payments make in good faith.
22.7 If the OWNER fails to make payment thirty (30) days after approval by the ENGINEER,
in addition to other remedies available to the CONTRACTOR, there shall be added to
each payment interest at the maximum legal rate commencing on the first day after said
payment is due and continuing until the payment is received by the CONTRACTOR.
23. ACCEPTANCE OF FINAL PAYMENT AS RELEASE
23.1 The acceptance by the CONTRACTOR of final payment shall be and shall operate as a
release to the OWNER of all claims and liability to the CONTRACTOR other than
claims in stated amounts as may be specifically accepted by the CONTRACTOR for all
things done or furnished in connection with this WORK and for every act and neglect of
the OWNER and others relating to or arising out of this WORK. Any payment, however,
final or otherwise, shall not release the CONTRACTOR or his Sureties from any
obligations under the CONTRACT DOCUMENTS or the Performance BOND and
payment BONDS.
24. INSURANCE
24.1 The CONTRACTOR shall purchase and maintain such insurance as will protect him
from claims set forth below which may arise out of or result from the CONTRACTOR’S
execution of the WORK, whether such execution be by himself or by any
SUBCONTRACTOR or by anyone directly or indirectly employed by any of them, or by
anyone from whose acts any of them may be liable:
24.1a Claims under worker’s compensation, disability benefit and other similar employee
benefit acts;
24.1b Claims for damages because of bodily injury, occupational disease, or death of his
employees;
24.1c Claims for damages because of bodily injury, sickness or disease, or death of any
person other than his employees;
24.1d Claims for damages insured by usual personal injury liability coverage which are
sustained (1) by any person as a result of an offense directly or indirectly related to the
employment of such person by the CONTRACTOR, or (2) by any other person; and
24.1e Claims for damages because of injury to or destruction of tangible property,
including loss of use resulting therefrom.
GC-17
24.2 Certificates of Insurance acceptable of the OWNER shall be filed with the OWNER prior
to commencement of the WORK. These Certificates shall contain a provision that
coverage’s afforded under the policies will not be cancelled unless at least fifteen (15)
days WRITTEN NOTICE has been given to the OWNER.
24.3 The CONTRACTOR shall procure and maintain, at his own expense, during the
CONTRACT TIME, liability insurance as hereinafter specified;
24.3a Minimum limits of Liability shall be $500,000 for bodily injury, including personal
injury, sickness, disease or death and for care and loss of service per person, and
$1,000.000 for bodily injury, including personal injury, sickness, disease or death and for
care and loss of services for any occurrence. $500,000 for all damages to or destruction
of property as a result of one occurrence, and $1,000,000 total damages to or destruction
of property during the policy period. Said property damage coverage shall be on a broad
form property damage basis, and shall include coverage for explosion, collapse and
damage to underground facilities. In lieu of the above described limits, the
CONTRACTOR may furnish comprehensive liability and property damage with all of
the foregoing coverage’s with limits of not less than $100,000/$300,000 bodily injury and
$50,000 less damage and a $1,000,000 umbrella to cover the excess over the basic
liability.
24.3b OWNERS Protective Liability written by the same insurance company shall cover
all operations under the contract with the Engineer names as an additional insured with
minimum limits on $500,000 for bodily injury including sickness, disease or death, and
for care and loss of services per person and $1,000,000 for bodily injury including
sickness, disease or death, and for care and loss of services per occurrence and property
damage limits of $500,000 for each occurrence and $500,000 in the aggregate.
24.3c All policies herein called for shall become effective before the CONTRACTOR
undertakes any WORK under this contract and shall remain in full force and effect for a
minimum of one year after completion of throughout the warranty period, whichever is
longer.
24.3d In the event hat any insurer shall give notices of intention to cancel any of the
policies herein called for, the CONTRACTOR shall have 24 hours before the time of
such proposed cancellation to have the notice of cancellation rescinded by the insurer or
to secure and have in effect a similar policy of insurance written by another insurer. In
the event that such cancellation is not rescinded or replacement policy obtained 24 or
more hours before the time set for cancellation, the all WORK on this contract shall cease
at the close of the day (five P.M., local time) before the day set for cancellation of the
policy and the contract shall be considered breached by the CONTRACTOR as of the
date and hour of the cancellation of the policy, provided, nevertheless, that the OWNER
shall have the right to reinstate the contract on such terms as he see fit. Any notice of
rescission of cancellation or the issuance of a new policy must be in writing, signed by a
person having authority to bind the insurer, and be delivered to the ENGINEER for
transmittal to the OWNER within the time specified.
24.3e All risk insurance shall be written under the 100% completed value form and shall
protect the CONTRACTOR and OWNER against risks of damage to buildings,
structures, MATERIALS and equipment for the perils of fire and lightning, the perils
included in the standard extended coverage endorsement, and the perils of vandalism and
GC-18
malicious mischief. The total shall be not less than the insurable value of the WORK at
completion.
24.3f When the aggregate value of equipment, such as gas engines, generators, pumps,
compressors, tanks, motors, switchgear, transformers, panel boards, control equipment,
and other similar equipment exceeds $10,000 the CONTRACTOR shall protect said
CONTRACTOR and the OWNER from all insurable risks of physical loss or damage to
MATERIALS and equipment not otherwise covered under Builder’s Risk Insurance. It
shall contain a waiver of the subrogation rights from the insurer. This policy may not be
terminated until the CONTRACTOR advises the OWNER in writing that he has secured
a replacement policy.
24.3g In the event of a payment under the policy because of loss, the OWNER shall
receive the payment from the insurer and shall deposit it in an account separate from all
of his other funds. These funds shall be distributed to the parties in interest according to
the terms of such agreement as they may reach concerning its distribution, or in the even
that no agreement is reached, then pursuant to the terms of an award made by arbitrators,
who shall be appointed and shall proceed as provided elsewhere in the contract. If, after
loss, no special agreement is made, replacement of injured WORK shall be ordered and
executed as provided for herein as changes in the WORK.
24.3h The OWNER shall have the power to adjust and settle any loss with the
insurer, unless one of the other interested parties shall object in writing three (3)
WORKING days of the occurrence of a loss. In the event of such an objection,
arbitrators shall be appointed and the OWNER shall settle with the insurer in
accordance with the directions of the arbitrators who shall, if required, direct the
matter of the distribution to the interested parties.
24.3i It shall be the “all risks” type with coverage’s designed for the circumstances which
may occur in the particular WORK included in this Contract.
24.3j If the WORK does not include the construction of building structures the Builder’s
Risk policy may be omitted providing the Installation Risks Floater Policy fully covers
all WORK.
24.3k All policies shall provide for losses to be payable to the CONTRACTOR and
OWNER as their interests may appear.
24.4 The CONTRACTOR shall procure and maintain, at his own expense, during the
CONTRACT TIME, in accordance with the provisions of the laws of the state in which
the WORK is performed, Worker’s Compensations Insurance, including occupational
disease provisions, for all of his employees at the site of the PROJECT and in case any
WORK is sublet, the CONTRACTOR shall require such SUBCONTRACTOR similarly
to provide Worker’s Compensation Insurance, including occupational disease provisions
for all of the latter’s employees unless such employees are covered by the protection
afforded by the CONTRACTOR. In case any class of employees engaged in hazardous
WORK under this CONTRACT at the site of the PROJECT is not protected under
Worker’s Compensation statute, the CONTRACTOR shall provide, and shall cause each
SUBCONTRACTOR to provide, adequate and suitable insurance for the protection of his
employees not otherwise protected.
GC-19
25. CONTRACT SECURITY
25.1 The CONTRACTOR shall within ten (10) days after the receipt of the NOTICE OF
AWARD furnish the OWNER with a Performance Bond and a Payment Bond in penal
sums to the amount of the CONTRACT PRICE, conditioned upon the performance by
the CONTRACTOR of all undertakings, covenants, terms, conditions and agreements of
the CONTRACT DOCUMENTS, and upon the prompt payment by the CONTRACTOR
to all persons supplying labor and MATERIALS in the prosecution of the WORK
provided by the CONTRACT DOCUMENTS. Such BONDS shall be executed by the
CONTRACTOR and a corporate bonding company licensed to transact such business in
the state in which the WORK is to be performed. The expense of these BONDS shall be
borne by the CONTRACTOR. If at any time a surety on any such BOND is declared
bankrupt or loses its right to do business in the state in which the WORK is to be
performed, the CONTRACTOR shall within ten (10) days after notice from the OWNER
to do so, substitute an acceptable BOND (or BONDS) in such form and sum signed by
such other surety or sureties as may be satisfactory to the OWNER. The premiums on
such BOND shall be paid by the CONTRACTOR. No further payments shall be deemed
due nor shall be made until the new surety or sureties shall have furnished as acceptable
BOND to the OWNER.
26. ASSIGNMENTS
26.1 Neither the CONTRACTOR nor the OWNER shall 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, without written consent of the other party.
27. INDEMNIFICATION
27.1 The CONTRACTOR will indemnify and hold harmless the OWNER and the
ENGINEER and their agents and employees from and against all claims, damages, losses
and expenses including attorney’s fees arising out of or resulting from the performance of
the WORK, provided that any such claims, damage, loss or expense is attributable to
bodily injury, sickness, disease, or death, or to injury to or destruction of tangible
property including the loss of use resulting therefrom; and is caused in whole or in party
by any negligent or willful act or omission of the CONTRACTOR, and
SUBCONTRACTOR, anyone directly or indirectly employed by any of them or anyone
for whose acts any of them may be liable.
27.2 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 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 compensation acts,
disability benefit acts or other employee benefits acts.
27.3 The obligation of the CONTRACTOR under this paragraph shall not extend to the
liability of the ENGINEER, his agents or employees arising out of the preparation or
approval of maps, PLANS, opinions, reports, surveys, CHANGE ORDERS, designs or
SPECIFICATIONS.
GC-20
28. SEPARATE CONTRACTS
28.1 The OWNER reserves the right to let other CONTRACTS in connection with this
PROJECT. The CONTRACTOR shall afford other CONTRACTORS reasonable
opportunity for the introduction and storage of their MATERIALS and the execution of
their WORK, and shall properly connect and coordinate his WORK with theirs. If the
proper execution or results of any part of the CONTRACTOR’S WORK depends upon
the WORK of any other CONTRACTOR, the CONTRACTOR shall inspect and
promptly report to the ENGINEER any defects in such work that render it unsuitable for
such proper execution and results.
28.2 The OWNER may perform additional WORK related to the PROJECT by himself, or he
may let other CONTRACTS containing provisions similar to these. The
CONTRACTOR will afford the other CONTRACTORS who are parties to such
CONTRACTS (or the OWNER, if he is performing the additional WORK himself),
reasonable opportunity for the introduction and storage of MATERIALS and equipment
and the execution of WORK, and shall properly connect and coordinate his WORK with
theirs.
28.3 If the performance of additional WORK by other CONTRACTORS or the OWNER is
not noted in the CONTRACT DOCUMENTS prior to the execution of the CONTRACT,
WRITTEN NOTICE thereof shall be given to the CONTRACTOR prior to starting any
such additional WORK. If the CONTRACTOR believes that the performance of such
additional WORK by the OWNER or others involves him in additional expense or
entitles him to an extension of the CONTRACT TIME, he may make a claim therefore as
provided in Sections 17 and 18.
29. SUBCONTRACTING
29.1 The CONTRACTOR may utilize the services of specialty SUBCONTRACTORS on
those parts of the WORK which, under normal contracting practices, are performed by
specialty SUBCONTRACTORS.
29.2 The CONTRACTOR shall not award WORK to SUBCONTRACTOR(S), in excess of
fifty (50%) percent of the CONTRACT PRICE, without prior written approval of the
OWNER.
29.3 The CONTRACTOR shall be fully responsible to the OWNER for the acts and omissions
of his SUBCONTRACTORS, and of persons either directly or indirectly employed by
them, as he is for the acts and omissions of persons directly employed by him.
29.4 The CONTRACTOR shall cause appropriate provisions to be inserted in all
SUBCONTRACT relative to the WORK to bind SUBCONTRACTORS to the
CONTRACTOR by the terms of the CONTRACT DOCUMENTS insofar as applicable
to the WORK of SUBCONTRACTORS and to give the CONTRACTOR the same power
as regards terminating any SUBCONTRACT that the OWNER may exercise over the
CONTRACTOR under any provisions of the CONTRACT DOCUMENTS.
29.5 Nothing contained in this CONTRACT shall create any contractual relation between any
SUBCONTRACTOR and the OWNER.
GC-21
30. ENGINEERS AUTHORITY
30.1 The ENGINEER shall act as the OWNER’S representative during the construction
period. He shall decide questions which may arise as to quality and acceptability of
MATERIALS furnished and WORK performed. He shall interpret the intent of the
CONTRACT DOCUMENTS in a fair and unbiased manner. The ENGINEER will make
visits to the site and determine if the WORK is proceeding in accordance with the
CONTRACT DOCUMENTS.
30.2 The CONTRACTOR will be held strictly to the intent of the CONTRACT
DOCUMENTS in regard to the quality of MATERIALS, workmanship and execution of
the WORK. Inspections may be made at the factory or fabrication plant of the source of
material supply.
30.3 The ENGINEER will not be responsible for the construction means, controls, techniques,
sequences, procedures, or construction safety.
30.4 The ENGINEER shall promptly make decisions relative to interpretation of the
CONTRACT DOCUMENTS.
31. LAND AND RIGHTS-OF-WAY
31.1 Prior to issuance of NOTICE TO PROCEED, the OWNER shall obtain all land and
rights-of-way necessary for carrying out and for the completion of the WORK to be
performed pursuant to the CONTRACT DOCUMENTS, unless otherwise mutually
agreed.
31.2 The OWNER shall provide to the CONTRACTOR information which delineates and
describes the lands owned and rights-of-way acquired.
31.3 The CONTRACTOR shall provide at his own expense and without liability to the
OWNER any additional land and access thereto that the CONTRACTOR may desire for
temporary construction facilities, or for storage of MATERIALS.
32. GUARANTY
32.1 The CONTRACTOR shall guarantee all MATERIALS and equipment furnished and
WORK performed for a period of one (1) year from the date of FINAL ACCEPTANCE.
The CONTRACTOR warrants and guarantees for a period of one (1) year from the date
of FINAL ACCEPTANCE of the system that the complete system is free from all defects
due to faulty MATERIALS or workmanship and the CONTRACTOR shall promptly
make corrections as may be necessary by reason of such defects including the repairs of
any damage to other parts of the system resulting from such defects. The OWNER will
give notice of observed defects with reasonable promptness. In the event that the
CONTRACTOR should fail to make such repairs, adjustments, or other WORK that may
be make necessary by such defects, the OWNER may do so and charge the
CONTRACTOR the cost thereby incurred.
32.2 The CONTRACTOR shall, upon FINAL ACCEPTANCE of the WORK or a part thereof,
submit a MAINTENANCE BOND, in the amount of the value of the completed WORK,
guaranteeing the WORK to the CITY for a period of one (1) year from the date of FINAL
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ACCEPTANCE. The premiums on such BOND shall be paid by the CONTRACTOR.
The MAINTENANCE BOND shall be filed with the CITY prior to the FINAL
PAYMENT for the completed WORK.
33. TAXES
33.1 The CONTRACTOR will pay all sales, consumer use and other similar taxes required by
law of the place where the WORK is performed.
34. UNSUITABLE WEATHER CONDITIONS
34.1 The ENGINEER shall have the right to stop work during rain or snow storms and all
freshly places WORK, unless otherwise protected, shall be protected by canvas or other
suitable covering in such a manner as to prevent running water from coming in contact
with it. Sufficient covering shall be provided and kept ready for this purpose. The
CONTRACTOR will not be entitled to extra compensation for WORK so stopped or
delayed by the ENGINEER.
34.2 WORK shall be done at night only in case of emergency and only upon the direction of
the ENGINEER. The ENGINEER has the right to order work to be carried on at night, if
in his opinion, it is for the best interest of the OWNER. WORK performed after dark
shall be adequately illuminated and suitable and sufficient lighting facilities shall be
provided for this WORK. No extra compensation will be allowed to the CONTRACTOR
for WORK under this item.
35. SUNDAY, HOLIDAY, AND NIGHT WORK
35.1 No WORK shall be performed between the hours of 6:00P.M. and 7:00A.M. nor on
Sunday or legal holiday without the approval of the OWNER or the ENGINEER.
However, WORK necessary for emergencies or for the protection of equipment or
finished WORK may be done as required.
36. USE OF EXPLOSIVES
36.1 If it is necessary to use explosives in the performance of the WORK, the
CONTRACTOR shall take out permits and comply with all the laws, ordinances and
regulations governing same. He shall fully protect all completed WORKS as well as all
overhead, surface, or underground structures and shall be liable for any damage done to
the WORK or to other structures on public or private property and injuries sustained by
persons by reason of the use of explosives in his operations. Explosives shall be handled,
used and fired only by experienced persons. All firing shall be done by electricity. All
explosive supplies shall be safely stored and protected in an approved manner. All such
storage shall be marked clearly “DANGEROUS – EXPLOSIVES.” Caps or other
exploders shall not be stored at the place where dynamite or other explosives are stored.
37. NOISE ELIMINATION
37.1 The CONTRACTOR shall eliminate noise to as great an extent as possible at all times.
Air compressing plants shall be equipped with silencers and the exhausts of all gasoline
motors or other power equipment shall be provided with mufflers in accordance with
current government regulations.
GC-23
38. WATER AND ELECTRICITY
38.1 The CONTRACTOR shall make arrangements with the proper government officials
and/or private parties for obtaining any water or electric power which may be needed.
39. SANITARY PROVISIONS
39.1 The CONTRACTOR shall comply with all laws, rules and regulations of the State and
Local Health Authorities and shall take the necessary precautions to avoid unsanitary
conditions.
39.2 Suitable sanitary conveniences for the use of all persons employed on the WORK,
properly screened from public observation, shall be provided and maintained by the
CONTRACTOR.
40. FOSSILS
40.1 If any fossils or treasure or other unusual or valuable geological formations are found in
the progress of excavating, such fossils, treasure or samples of geological formations
shall be carefully preserved by the CONTRACTOR who shall convey such items to a
State or Federal Agency concerned with their preservation and study. These items shall
become the property of said State or Federal Agency.
41. CONSTRUCTION OBSERVATION
41.1 The CONTRACTOR shall not begin the construction of any part of this improvement
until he shall have notified the ENGINEER in writing of his intention to do so, stating the
time when WORK is to commence. Such notice shall be at least forty-eight (48) hours
prior to the time when actual WORK is to commence. In the event the CONTRACTOR
temporarily leaves a job for more than two consecutive working days he shall submit
such notice upon his return to WORK. The CONTRACTOR shall keep the ENGINEER
advised as to WORK schedule. Any WORK performed at times of places outside of the
established WORK schedule shall be regarded as contrary to and outside of the terms of
this CONTRACT and the ENGINEER of his authorized representative may order such
WORK torn out of removed and replaces without obligation on the part of the OWNER
to pay for the same.
41.2 No material of any kind shall be used on any part of this improvement until it has been
inspected and approved by the ENGINEER. All rejected MATERIALS shall be removed
from the line of this improvement by the CONTRACTOR within two working days after
its rejection.
41.3 Failure to condemn any inferior material or WORK at the time of its use on construction
shall not be construed as an acceptance of the same, but the CONTRACTOR shall upon
notice from the ENGINEER at any time prior to the final acceptance of the improvement
immediately tear out, remove and properly reconstruct, at his own cost, any portion of
this improvement which the ENGINEER may decide to be defective and the
CONTRACTOR will be held wholly responsible for the safety, until proper construction
and protection of the entire improvement until the same has been finally accepted.
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41.4 The CONTRACTOR shall furnish, without cost to the OWNER, all samples of material
for testing purposes that may be required by the ENGINEER.
41.5 The ENGINEER will make final inspection of all WORK included in the CONTRACT
or any portion thereof, as soon as practicable after written notification by the
CONTRACTOR that such WORK is nearing completion. If such WORK is not
acceptable to the ENGINEER at the time of his inspection, he will advise the
CONTRACTOR in writing as to the particular defects to be remedied before such
WORK can be accepted. If, within a period of ten (10) days after such notification, the
CONTRACTOR has not taken steps to speedily complete the WORK as directed, the
ENGINEER may without further notice and without in any way impairing the
CONTRACT, make such other arrangements as he may deem necessary to have such
WORK completed in a satisfactory manner. The cost of completing such WORK shall be
deducted from any monies due, or which may become due the CONTRACTOR on his
CONTRACT.
42. DISPUTES AND LITIGATION
42.1 Any questions arising between the CONSTRUCTION OBSERVER placed upon the
WORK by the ENGINEER and the CONTRACTOR as to the meaning and intent of any
party of the PLANS or SPECIFICATIONS for this improvement shall be immediately
brought to the attention of the ENGINEER and will be resolved by him.
42.2 Failure on the party of the ENGINEER or his representative to discover and condemn or
reject bad or inferior WORK or MATERIALS shall not be construed as an acceptance of
such WORK or material, or that party of the improvement in which the same may have
been used.
42.3 To prevent disputes and litigation, it is further agreed by the parties hereto that the
ENGINEER shall determine the volume and quality of the several kinds of WORK
embraced in these improvements. He shall decide all questions relative to the execution
of the WORK and the interpretation of PLANS and SPECIFICATIONS.
43. CONTRACTOR’S RECORD LOCATIONS AND DOCUMENTATION
43.1 The CONTRACTOR shall upon completion of the WORK, submit to the ENGINEER, a
set of Record Documents showing the following item:
43.1a A list of all MATERIALS used on the PROJECT with the manufacturer’s name
and model number.
43.1b Indicate any deviations in alignment and/or grade of utility lines from the
PLANS.
43.1c List stationing from the downstream manhole for all sanitary sewer wye
locations.
43.1d The elevation of the end of all sanitary sewer services.
43.1e The individual length of all sanitary sewer and watermain services.
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43.1f The location of the ends of the sanitary sewer and watermain services through the
use of “ties” to manholes, hydrants, valves, catch basins, etc.
43.1g The location of the termination of sanitary sewer and watermain mainlines
through the use of “ties.” The documents shall show the length of sewer pipe at
watermain extending past the last manhole or gate valve.
43.2 Final payment will not be released to the CONTRACTOR until the Record Documents
have been received and approved by the ENGINEER.