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PROJECT MANUAL
for the
NORTH FORK DAM INTAKE TOWER AND CONDUIT
REPAIRS
CITY OF ASHEVILLE
WATER SYSTEM ID# 01-11-010
BUNCOMBE COUNTY, NORTH CAROLINA
North Fork Dam Intake Tower and Conduit Repairs
01106-1
ID #01-11-010
NORTH FORK DAM INTAKE TOWER
AND CONDUIT REPAIRS
CITY OF ASHEVILLE
TABLE-OF-CONTENTS
GENERAL SPECIFICATIONS
SECTION
PAGE
ADVERTISEMENT FOR BIDS
INSTRUCTIONS TO BIDDERS
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
BID
BID BOND
NOTICE OF AWARD
NOTICE TO PROCEED
PAYMENT REQUEST TITLE SHEET
CONSENT TO CHANGE ORDER
SALES TAX REIMBURSEMENT INFORMATION
AGREEMENT
DRUG FREE WORKPLACE CERTIFICATION
MINORITY BUSINESS PLAN & E-VERIFY AFFIDAVIT
GENERAL CONDITIONS
SUPPLEMENTARY GENERAL & SPECIAL CONDITIONS
ADDENDA
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01110-1
01111-1
01140-1
01142-1
01143-1
01144-1
01145-1
01147-1
01148-1
01210-1
01211-1
01229-1
01230-1
01231-1
01234-1
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TECHNICAL SPECIFICATIONS CONTENTS
DIVISION 01 - GENERAL REQUIREMENTS
01 10 00
01 22 00
01 30 00
01 32 16
01 33 00
01 40 00
01 50 00
01 57 19
01 57 50
01 60 00
01 70 00
Summary
Measurement and Payment
Administrative Requirements
Construction Progress Schedule
Submittal Procedures
Quality Requirements
Temporary Facilities and Controls
Temporary Environmental Controls
Surveying
Product Requirements
Execution and Closeout Requirements
DIVISION 02 - EXISTING CONDITIONS
02 01 00
Maintenance of Existing Conditions
02 41 16
Structure Demolition
DIVISION 03 - CONCRETE
03 10 00
03 20 00
03 30 00
03 60 00
03 90 00
Concrete Forming and Accessories
Concrete Reinforcing
Cast-In-Place Concrete
Grouting
Cellular Concrete
DIVISION 05 - METALS
05 50 00
Metal Fabrications
DIVISION 06 – WOODS, PLASTICS, AND COMPOSITES
06 61 16
06 71 33
06 73 01
FRP Pultruded Structural Shapes
FRP Pultruded Square Tube Ladder
FRP Molded Grating
DIVISION 09 - FINISHES
09 90 00
Painting
DIVISION 31 - EARTHWORK
31 05 13
31 05 16
31 11 00
31 23 16
31 23 19
31 23 23
31 25 13
31 27 10
31 50 00
Soils for Earthwork
Aggregates for Earthwork
Clearing and Grubbing
Excavation
Dewatering
Fill Placement
Erosion and Sedimentation Control
PVC Piping
Excavation Support and Protection
DIVISION 32 - EXTERIOR IMPROVEMENTS
32 92 19
Seeding
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DIVISION 33 - UTILITIES
33 11 13
33 90 00
Water Utility Piping
High Density Polyethylene (HDPE) Pipe and Fittings
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SECTION 01106
CITY OF ASHEVILLE
WATER RESOURCES DEPARTMENT
ADVERTISEMENT FOR BIDS
BID NO. 298-W1204
DATE ISSUED: June 9, 2014
SEALED BIDS WILL be received by the City of Asheville in the:
Stephen R. Shoaf, Director
City of Asheville Water Resources Department
Physical Address (FedEx, UPS):
Mailing Address (USPS):
Gilewicz Conference Room
PO Box 7148
City Hall Building – Mezzanine Floor
Asheville, NC 28802
70 Court Plaza
Mandatory Pre-Bid Conference: 6/24/14, 10:30
AM
Asheville, NC 28801
(828) 259-5955
Bid Due Date: 7/22/14, 1:30 PM
The Project known as: North Fork Dam Intake Tower and Conduit Repairs, Bid No.
298-W1204
Project work includes furnishing all materials, labor, tools, incidentals and equipment necessary to:
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
remove and replace selected metal features inside the intake tower;
prepare, prime and re-paint remaining metal features inside the intake tower, on
the access bridge and inside the conduit;
install fiberglass reinforced plastic (FRP) platforms, designated stem guides,
ladder with fall arrest, and appurtenant features in the intake tower.
miscellaneous removal of utilities from within the conduit
construct two reinforced concrete bulkheads in the conduit
fabricate and install a steel gate on the upstream bulkhead in the conduit
replace a portion of the existing raw water line at the downstream end of the
conduit;
install a new HDPE access pipe, PVC carrier pipe and PVC drainage pipe and
appurtenant features in the existing conduit and,
fill the annular space of the existing conduit with leveling and cellular concrete.
install a new filter diaphragm around the existing conduit
The contract will be for the project work listed above at the North Fork Dam in Black Mountain, NC.
Work is to be performed over the course of a 150 day period, commencing on the date of the Notice to
Proceed, with 120 days to substantial completion.
A MANDATORY Pre-Bid Conference will be held on-site at 10:30 AM, on Tuesday, June 24,
2014. Prospective bidders should meet at the North Fork Water Treatment Plant in Black Mountain,
NC. Please email Lee Hensley at [email protected] for directions to the plant. The purpose of
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the conference is for bidders to familiarize themselves with the project and to ask questions pertaining to
the Contract Documents. Bidders are reminded that no oral interpretations of the meaning of drawings
and specifications can be made. Conflicts in the Contract Documents, if any, will be resolved by written
Addendum. It is the bidder’s responsibility to visit the site to determine the scope of work necessary and
to include all incidental work in the unit prices offered in this contract.
All Bids will be opened and read aloud on Tuesday, July 22, 2014 AT 1:30 PM, in the GILEWICZ
CONFERENCE ROOM ON THE MEZZANINE FLOOR OF THE CITY HALL BUILDING, 70
COURT PLAZA, ASHEVILLE, NORTH CAROLINA. Bids are due prior to the scheduled bid
opening in accordance with Section 01100 (Instructions to Bidders). Please also note that one original
and one copy of all the bid submittal documents are required.
A new required form to be included in the bid submittal documents is the E-Verify Affidavit found in the
Project Manual after the MB Program Compliance requirements.
Complete plans, specifications, and Contract Documents may be obtained electronically by contacting
Schnabel Engineering South, PC, by phone at (336) 274-9456 or by e-mail at [email protected] during regular business hours. There is no cost for each set of digital documents so obtained.
Neither the Owner nor the Engineer will be responsible for full or partial sets of Contract Documents,
including any Addenda, obtained from any other source. Contract documents are open for examination
during regular business hours in the office of Schnabel Engineering South, PC., Greensboro, North
Carolina, or Contract documents may be examined at: “Carolina’s AGC On-Line Planroom @
www.cagc.org on IBuild”.
Each Bid shall be accompanied by cash, cashier’s check or a certified check drawn on a bank or trust
company insured by the Federal Deposit Insurance Corporation in an amount equal to not less than five
(5) percent of the Bid. In lieu thereof, a Bidder may offer a Bid Bond of five (5) percent of the total Bid
executed by a Corporate Surety licensed under the laws of North Carolina to execute such Bonds. The
Bid Bond must be clearly labeled and in a separately sealed envelope from the Bid in the sealed Bid
package.
A Performance Bond and a Payment Bond will be required of the successful Bidder for one hundred
percent (l00%) of the Contract Price.
The requirements of the City of Asheville Minority Business Plan (MB) are hereby made a part of these
contract documents. These requirements shall apply to all contractors regardless of ownership.
The compliance requirements are as follows:
MINIMUM COMPLIANCE REQUIREMENTS
The Bidder shall either establish and certify that the Bidder will do all Work under this contract with its
own forces (no subcontracting), or the Bidder shall make a good faith effort to recruit and select
minority owned businesses among the bidder’s subcontractors. The Bidder’s attention is directed to
Section 01229 of these Contract Documents for complete instructions and forms which must be
completed and submitted with the Bid in addition to the E-Verify Affidavit.
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Failure to provide the E-Verify Affidavit and documentation as required in Section 01229 may result in
rejection of the bid as not responsive and award to the next lowest responsible or responsive bidder. The
City of Asheville reserves the right to waive any informalities if they can be resolved prior to award of
the contract, and the City of Asheville finds it to be in its best interest to do so and award the contract. If
the successful contractor fails to make or maintain good faith efforts to meet or maintain goals for
minority business participation, there will be a penalty of 5% of the contract price imposed.
DRUG FREE WORKPLACE POLICY
The City of Asheville is a drug-free workplace employer, and has also adopted a policy requiring
construction and service contractors to provide a drug-free workplace in the performance of any
contract.
In order to be eligible to submit a bid or proposal for the City of Asheville construction or service
contract, a prospective contractor must certify that it will, if awarded the contract, provide a drug-free
workplace during the performance of the contract. This requirement is met by:
a)
Notifying employees that the unlawful manufacture, distribution, dispensation,
possession, or use of a controlled substance is prohibited in the workplace and specifying
the actions that will be taken for violations of such prohibition;
b)
Establishing a drug-free awareness program to inform employees about (i) the dangers of
drug abuse in the workplace, (ii) the contractor’s policy of maintaining a drug-free
workplace, (iii) any available drug counseling, rehabilitation, and employee assistance
programs, and (iv) the penalties that may be imposed upon employees for drug abuse
violation;
c)
Notifying each employee that as a condition of employment, the employee will (i) abide
by the terms of the prohibition outlined in a) above, and (ii) notify the contractor of any
criminal drug statute conviction for a violation occurring in the workplace not later than
five (5) days after such conviction;
d)
Notifying the City of Asheville within ten (10) days after receiving a notice of a criminal
drug statute conviction or after otherwise receiving actual notice of such conviction from
an employee;
e)
Imposing a sanction on, or requiring the satisfactory participation in a drug counseling,
rehabilitation or abuse program by, an employee convicted of drug crime; and
f)
Making a good faith effort to continue to maintain a drug-free workplace for employees.
If the prospective contractor is an individual, the drug-free workplace requirement is met by not
engaging in the unlawful manufacture, distribution, dispensation, possession, or use of a controlled
substance in the performance of the contract.
A prospective contractor certifies that it will comply with the City of Asheville’s drug-free workplace
requirements by submitting a bid or proposal. A false certification or the failure to comply with the
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above drug-free workplace requirements during the performance of a contract shall be ground for
suspension, termination, or debarment.
SUBCONTRACTOR PAYMENT REQUIREMENTS
North Carolina General Statute 143-134-1 states that the percentage of retainage on payments made by
the prime contractor to the subcontractor shall not exceed the percentage of retainage on payments made
by the City of Asheville to the prime contractor. Failure to comply with this provision shall be
considered a breach of the contract, and the contract may be terminated in accordance with the
termination provisions of the contract.
The Contractor shall provide an itemized statement of payments to each MB subcontractor MB FORM
5 DOCUMENTATION OF CONTRACT PAYMENTS with each request for payment and before
final payment is processed.
PROGRAM COMPLIANCE REQUIREMENTS
All written statements, certifications or intentions made by the Bidder shall become a part of the
agreement between the Contractor and the City of Asheville for performance of this contract. Failure to
comply with any of these statements, certifications or intentions, or with the MB plans shall constitute a
breach of the contract. A finding by the City of Asheville that any information submitted either prior to
award of the contract or during the performance of the contract is inaccurate, false or incomplete, shall
also constitute a breach of the contract. Any such breach may result in termination of the contract in
accordance with the termination provisions contained in the contract. It shall be solely at the option of
the City of Asheville to terminate the contract for breach.
In determining whether a contractor has made good faith efforts, the City of Asheville will evaluate all
efforts made by the Contractor and will determine compliance in regard to quantity, intensity, and
results of these efforts. The City of Asheville may take into account those factors listed in the Minority
Business Plan.
Complete information and forms may be found in the Minority Business Section of the Contract
Documents and a copy of the City of Asheville's Minority Business Plan is available in the Office of
Economic Development located on the 5th Floor of City Hall (POB 7148, Asheville, North Carolina
28802). Contact Brenda Mills, Economic Development Specialist at 828-259-8050 or
[email protected].
Payments to the successful Bidder will be made on the basis of verified monthly pay requests minus
retainage and final payment will be made upon completion and acceptance of the work.
Each Bidder must be a properly licensed Contractor under the Laws of the State of North Carolina.
Prospective Bidders are notified of a City policy that prohibits contracting with persons or firms who are
delinquent in the payment of ad valorem taxes owed to the City of Asheville.
The City of Asheville reserves the right to reject any or all Bids or to waive any informalities in the
bidding and to award a Contract that is in the best interest of the City of Asheville.
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Bids may be held by the City of Asheville for a period not to exceed sixty (60) days from the date of the
opening of Bids for the purpose of reviewing the Bids and investigating the qualifications of Bidders
prior to the awarding of the Contract and such Bids may not be withdrawn during said period of time,
except as allowed by NC General Statutes Section 143-129.1.
**END OF SECTION**
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SECTION 01110
INSTRUCTIONS TO BIDDERS
All Bids shall be prepared in accordance with the following requirements:
IB-0l PREPARATION OF BIDS:
l.
The Bid form furnished by the City of Asheville Water Resources Department shall be used
and shall not be altered.
2. All entries including signatures shall be written in ink.
3. The Bidder shall submit a unit or lump sum price for every item in the Bid form unless
specific directions in the Invitation for Bids allow for partial Bids. The unit or lump sum
prices bid for the various Contract Items shall be written figures.
4. A Total Bid shall be entered in the Bid form for every item on which a unit price has been
submitted. The total Bid for each item other than lump sum items shall be determined by
multiplying each unit price bid by the quantity for that item, and shall be written in figures in
the "Total Bid" column in the Bid form. In case of a discrepancy between the unit price bid
for a Contract Item and the Total Bid for that item, the unit price bid shall govern. In the
case of lump sum items, the price shall be written in figures in the "Total Bid" column in the
Bid form.
5. The Total Contract Bid Price shall be written in figures in the proper place in the Bid form.
The Total Contract Bid Price shall be determined by adding the Total Bid for each item.
6. Changes in any entry shall be made by marking through the entry in ink and making the
correct entry adjacent thereto in ink. The individual signing the Bid shall initial the change
in ink.
7. The Bid shall be properly executed. In order to constitute proper execution; the Bid shall be
executed in strict compliance with the following. No other forms of execution will be
accepted.
a. If a Bid is by an individual, it shall show the name and address of the individual and shall
be signed by the individual.
b. If the Bid is by a Corporation, the President or Vice-president of the Corporation shall
execute it in the name of the Corporation. The Secretary or Assistant Secretary shall
attest the signature(s). The seal of the Corporation shall be affixed. The Bid shall
show the address of the principal office of the Corporation.
c. If the Bid is made by a Partnership, one of the general partners shall execute it in the
name of the Partnership, by the address shown for the Partnership.
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d. If the Bid is a joint venture, it shall be executed by each of the joint ventures in the
appropriate manner set out above. The address for the joint venture shall be shown.
8. The Bid shall not contain any unauthorized additions, deletions or conditional bids.
9. The Bidder shall not add any provisions reserving the right to accept or reject an award, or to
enter into a Contract pursuant to an award.
10. The Bid shall not contain irregularities of any kind, which would make the Bid incomplete,
indefinite, or ambiguous as to its meaning.
11. Alternative Bids will not be considered unless specifically called for. Where numbered
Alternate Bid Items are provided under any Contract, each Bidder must submit a bid price for
each numbered Alternate Item.
12. All attachments, certifications or acknowledgments attached to the Bid shall be executed in
the same manner as the Bid.
IB-02 RECEIPT AND OPENING OF BIDS:
Each Bid package must be submitted in an opaque sealed envelope, plainly marked on the
outside, addressed and delivered as shown below. The Bid Bond must be clearly labeled in a
separately sealed envelope from the Bid in the sealed Bid package. If forwarded by mail, the
sealed envelope containing the separately sealed Bid and separately sealed Bid Bond must be
enclosed in another envelope addressed to the City of Asheville, Water Resources Department,
P.O. Box 7148, Asheville, North Carolina 28802. The envelope-containing the Bid shall be
marked as follows:
Upper left hand corner Bidder's Name
Bidder's Address
Lower left hand corner NC General Contractor's License No.
Classification
Expiration Date
Bid For: North Fork Dam Intake Tower and Conduit Repairs
To:
Stephen R. Shoaf, Director
City of Asheville Water Resources Department
Physical Address (FedEx, UPS):
Mailing Address (USPS):
Gilewicz Conference Room
PO Box 7148
City Hall Building – Mezzanine Floor
Asheville, NC 28802
70 Court Plaza
Mandatory Pre-Bid Conference: 6/24/14, 10:30
Asheville, NC 28801
AM
(828) 259-5955
Bid Due Date: 7/22/14, 1:30 PM
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Bids received prior to the advertised hour of opening will be kept securely sealed. The officer
whose duty it is to open them will decide when the specified time has arrived, and no Bid
received thereafter will be considered. Mailed Bids will be treated in every respect as though
filed in person and will be subject to the same requirements.
Bids received after the advertised hour of opening will be returned to the Bidder unopened. The
Owner will open and publicly read aloud every Bid received within the time set for receiving
Bids, irrespective of any irregularities therein. Bidders or their representative and other persons
properly interested may be present at the bid opening.
IB-03 WITHDRAWAL OR REVISION OF BIDS:
A Bidder may, without prejudice to himself, withdraw a Bid after it has been delivered to the
Owner provided the request for such withdrawal is made either in writing or by e-mail to the
project manager/engineer, presiding over the public opening of Bids before the date and time set
for the opening of Bids. The bidder may then submit a revised Bid provided it is received prior
to the time set for opening of Bids. Any withdrawal of a bid after the opening of Bids shall be in
accordance with N.C. General Statute Section 143-129.1.
Only those persons authorized to sign Bids shall be recognized as being qualified to withdraw a
Bid.
IB-04 ADDENDA AND INTERPRETATIONS:
No interpretations of the meaning of the Plans, Specifications or other portions of the Contract
Documents will be made orally.
Every request for such interpretation must be sent to Schnabel Engineering South, PC, 11A Oak
Branch Drive, Greensboro, NC, 27407 or by email to [email protected]. To be given
consideration, such requests must be received at the above address at least seven (7) days prior to
the date fixed for the opening of Bids. Any and all such interpretations and any supplemental
instructions will be in the form of written Addenda which, if issued, will be sent by e-mail with
return receipt requested to all holders of Contract Documents. Addenda will be delivered at the
respective addresses of the Contractor not later than five (5) days prior to the day fixed for the
opening of bids. Failure of any Bidder to receive any such Addenda shall not relieve said Bidder
from any obligation under his Bid as submitted. All Addenda so issued shall become part of the
Contract Documents.
IB-05 DISCREPANCY IN BIDS:
In the event there is a discrepancy in any Bid between the unit prices and the extended totals, the
unit prices shall govern. Bids, which do not contain a price for every numbered item contained
in the applicable Bid form, will not be accepted, unless otherwise specified.
IB-06 QUALIFICATIONS OF BIDDERS:
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It is the intention of the Owner to award the Contract(s) to a Bidder competent to perform and
complete the work described therein in a satisfactory manner. Accordingly, the Successful
Bidder shall submit to the Owner the information required below within five (5) days following
the Bid Opening (hereinafter collectively called “Qualification Information”) containing:
(1) Evidence of Bidder’s Certification and license to perform the work and services.
(2) Financial statements reasonably available for 3 years immediately prior to the date of the Bid
Opening. Financial information shall be certified by a Certified Public Accountant, and
submitted on the Associated General Contractors of America Form "Standard Questionnaires
and Financial Statement for Bidders" available from AGC, 1975 "E", NW, Washington, DC
20006.
(3) Evidence of Safety record of the Bidder to include OSHA 200 Logs for the Bidder’s firm for
the 5 years prior to the Bid Opening and the most recent Worker’s Compensation Rating or if
the Bidder is self-insured, a complete listing shall be submitted of lost time on-the-job
accidents for the past 5 years.
(4) Preliminary Progress Schedule.
The Preliminary Progress Schedule shall consist of a time scaled bar chart and narrative in
accordance with appropriate formats as specified by the Owner and described in the Special
Conditions.
(5) Prior experience. Include a list setting forth five of the Successful Bidder's most recent
projects including the name and address and telephone number of the owner of each such
project.
(6) Minimum Qualifications. The Bidder or Sub-contractor performing the following aspects of
the work are required to meet the following minimum qualifications and experience levels:
a. Contractor or sub-contractor involved in surface preparation, coating application on
steel structures involving lead based paint removal and coating application, and
disposal shall be certified by SSPC under SSPC-QP1 (Surface Preparation) and QP-2
(Removal of Hazardous Materials).
b. Contractor or sub-contractor responsible for installation of pumped cellular concrete
shall have at least 5 years of experience in placement of cellular concrete. Bidder
shall provide documentation of previous projects to support the years of experience
claimed. In addition, the Bidder shall provide the details of a minimum of three (3)
projects of similar size and complexity to this project with respect to cellular concrete
installation. These projects should include references that may be contacted by the
Owner or Engineer to discuss the bidder’s performance. Provide full resumes of key
project personnel responsible for placement of cellular concrete.
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c. Contractor or sub-contractor responsible for replacement of the corroded section of
the 36-inch-diameter raw water line shall have at least 5 years of experience in water
main installation and rehabilitation. Bidder shall provide documentation of previous
projects to support the years of experience claimed. In addition, the Bidder shall
provide the details of a minimum of three (3) projects of similar size and complexity
to this project with respect to the water line modifications. These projects should
include references that may be contacted by the Owner or Engineer to discuss the
bidder’s performance. Provide full resumes of key project personnel responsible for
the water line modifications.
The Owner may make such other investigation as it deems necessary to determine the
qualifications of the Bidder to perform the work and the Bidder shall furnish to the Owner all
such information and data for this purpose as the Owner may reasonably request. The Owner
reserves the right to reject any Bid if the evidence submitted by, or investigation of, such
Bidder (1) Fails to satisfy the Owner that such Bidder is properly qualified as stated in the
requirements of these contract documents, and to complete the work contemplated therein in
a reasonable manner and time; or (2) Fails to satisfy the Owner that such Bidder has
maintained a satisfactory safety record over the past 5 years. Conditional Bids will not be
accepted.
Bidders shall comply with all applicable laws regulating the practice of General Contracting
as contained in Chapter 87 of the General Statutes of North Carolina.
All Bidders must be Contractors licensed in the State of North Carolina to perform work of a
nature as required by the Contract Documents.
IB-07 BID SECURITY:
Each bid must be accompanied by a Bid Bond, cash, cashier’s check or a certified check of the
Bidder made payable to the Owner in an amount not less than five percent (5%) of the amount of
the Bid. The Bid Bond must be clearly labeled and in a separately sealed envelope from the Bid
in the sealed Bid package. Bid Bonds shall be issued by a corporate surety licensed under the
laws of North Carolina to execute such bonds.
When the Bidder elects to submit a certified check or cashier’s check as his Bid Bond, the check
shall be drawn on a bank or trust company insured by the Federal Deposit Insurance Corporation.
Where alternate items are included in the Bid, the amount of bid security shall be not less than
five percent (5%) of the alternate, or combination of alternates, that result in the highest Bid.
Revised Bids submitted before the opening of Bids, if representing an increase of the original
Bid, must have the Bid security adjusted accordingly, otherwise the Bid will not be considered.
The security of the Bidders will be released upon the earlier to occur of (a) the expiration of five
days after the Contract has been signed by the accepted Bidder and the Owner; or (b) the
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expiration of sixty (60) days after the day the bids are opened, upon demand of any such bidders
whose bid has not been accepted prior to such demand.
In the event that all Bids are rejected, the security of all Bidders whose security has not been
previously returned will be returned at the time of such rejection.
IB-08 RESPONSIBILITIES OF BIDDERS:
Each bidder shall, by careful examination, satisfy himself as to the nature and location of the
work, the conformation of the ground, the character, quality and quantity of the facilities needed
preliminary to and during the prosecution of the work, the general and local conditions, and all
other matters which can in any way affect the work or the cost thereof under the Contract.
The Contractor shall make his own determination as to the nature and extent of the utility
facilities, including proposed adjustments, new facilities, or temporary work to be performed by
the utility owner or his representative; and as to whether or not any utility work is planned by the
Owner in conjunction with the project construction. The Contractor shall consider in his Bid all
the permanent and temporary utility facilities in their present or relocation positions, whether or
not specifically shown on the plans or covered in the project Special Conditions. It will be the
Contractor's responsibility to anticipate any additional costs to him resulting from such utility
work and to reflect these costs in his Bid for the various items in the Contract.
The failure or omission of any Bidder to thoroughly examine and familiarize himself with the
Contract Documents or to receive or examine any form, instrument or document or visit the site
and acquaint himself with the conditions there existing shall in no way relieve any Bidder from
any obligation in respect to his bid.
No verbal agreement or conversation with any officer, agent or employee of the Owner, either
before or after the execution of the Contract, shall affect or modify any of the terms or
obligations therein.
IB-09 COLLUSIVE AGREEMENTS:
Each Bidder submitting a Bid to the Owner for any portion of the work contemplated by the
documents on which bidding is based, shall execute and attach thereto an affidavit substantially
in the form herein provided, to the effect that he has not entered into a collusive agreement with
any person, firm or corporation in regard to any Bid submitted.
Before executing any Sub-contract, the successful Bidder shall submit the name of any proposed
Sub- contractor for prior approval and an affidavit substantially as above.
IB-10 TAXES
The Contractor shall include in his Bid the cost of all sales and use taxes and furnish to the
Owner at the end of each month and upon completion of his Contract, a statement setting forth
all such taxes paid. This statement shall indicate the amount paid to each firm and be adequate
for audit by the State Department of Revenue.
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IB-11 COMPARISON OF BIDS:
Bids will be compared on the basis of the totals of the approximated quantities comprising all
items, at the unit and lump sum prices bid for these items. The resulting total Contract Bid Price
will be compared which will include and cover the furnishing of all materials, and the
performance of all labor requisite or proper, and completing of all the work called for under the
accompanying Contract, and in the manner set forth and described in the Contract Documents.
The lowest Bidder under each Contract will be that Bidder whose Bid totals the lowest number
of dollars as determined above.
When numbered Alternate bid items are required, the lowest Bidder is the Bidder whose bid for
the Alternate or combination of Alternates, selected by the Owner is the lowest. The Owner
reserves the right to select any Alternate or combinations of Alternates.
Where estimated quantities are included in certain items of the Bid, they are for the purpose of
comparing bids. While they are believed to be close approximations, they are not guaranteed,
and settlement will be made from such items upon the basis of work as actually executed at the
unit prices in the Bid as accepted.
IB-12 AWARD OF CONTRACT:
The award of the Contract will be made to the lowest responsible bidder, who, in the opinion of
the Owner, is qualified to perform the work required and is responsible and reliable. When
Alternate Bid items are required in the Bid, the Contract will be awarded to that responsible
Bidder whose Bid for the Alternate or combination of Alternates, selected by the Owner, is the
lowest.
These Bids are asked for in good faith, and awards will be made as soon as practicable, provided
satisfactory Bids are received.
The Owner may reject any Bid not prepared and submitted in accordance with the provisions
hereof.
The right is reserved to waive informalities in bidding, to reject any or all Bids, or to accept a
Bid other than the lowest submitted if such action is deemed to be in the best interest of the
Owner.
IB-13 COMMENCEMENT OF WORK:
Upon execution and delivery of the Contract and the delivery of the required performance and
payment bonds and insurance certificates and policies, the Contractor will be notified to proceed
with the work of the Contract. The work of the Contract shall be commenced within ten (l0)
days following such notification or as otherwise specified in the Notice to Proceed.
North Fork Dam Intake Tower and Conduit Repairs
01110-7
ID #01-11-010
The Contractor shall notify the Director of Water Resources Department in writing, of his
intention to enter upon the site of the work at least five (5) days in advance of such entrance.
IB-14 DAMAGES FOR FAILURE TO EXECUTE CONTRACT:
If an accepted Bidder shall fail or refuse to sign and deliver this Contract and the required surety
bonds and insurance documentation within twenty (20) days after he has received Notice of
Award of his Bid, the Owner shall retain, as partial damages for such failure or refusal, the Bid
security of such defaulting Bidder. In addition to such damages, the Owner reserves whatever
other rights and remedies it may have against such defaulting Bidder.
Execution of the Contract shall include submission of a complete original Certificate of
Insurance with proof of coverage as required and of the form required by the General and
Supplementary Conditions of the Contract Documents, and shall include the execution of
Performance and Payment Bonds in the full amount of the Contract.
IB-15 EQUAL EMPLOYMENT OPPORTUNITY
Attention of Bidders is particularly called to the requirements for insuring that employees and
applicants for employment are not discriminated against because of their race, color, religion,
sex, or national origin.
IB-16 PROGRESS SCHEDULE/TIME OF COMPLETION
As part of completing the bid proposal, the bidder shall set forth his own progress schedule and
stipulate completion dates for all the work. Unreasonable entries, such as, but not limited to, a
final completion date exceeding 150 calendar days may be considered unreasonable and shall be
considered a failure to meet the intent of the Contract Documents and the bid shall be rejected.
IB-17 MINIMUM NUMBER OF BIDS FOR PUBLIC CONTRACTS
No contract to which G.S. 143-129 applies for construction or repairs shall be awarded by the
owner, unless at least three competitive bids have been received from reputable and qualified
contractors regularly engaged in their respective lines of endeavor; however, this section shall
not apply to contracts which are negotiated as provided for in North Carolina General Statute
(“G.S.”) 143-129.
Provided that if after advertisement for bids as required by G.S. 143-129, less than three
competitive bids have been received from reputable and qualified contractors regularly engaged
in their respective lines of endeavor, the Owner shall again advertise for bids; and if as a result
of such second advertisement, less than three competitive bids from reputable and qualified
contractors are received, the Owner may then award the contract to the lowest responsible bidder
submitting a bid for the Project, even though only one bid is received.
North Fork Dam Intake Tower and Conduit Repairs
01110-8
ID #01-11-010
**END OF SECTION**
North Fork Dam Intake Tower and Conduit Repairs
01110-9
ID #01-11-010
SECTION 01111
NON-COLLUSION AFFIDAVIT OF PRIME BIDDER
STATE OF ____________________________
COUNTY OF _________________________
________________________ _______, of ________
___
(Name)
(Bidder)
being duly sworn deposes and says that:
___________,
____, of ______
____
__________
He is _____________________
(owner, partner, officer, representative, agent)
________________________, the Bidder that has submitted the attached Bid Proposal;
1.
2.
He is fully informed respecting the preparation and contents to the attached Bid proposal and of all
pertinent circumstances respecting such Bid Proposal;
3.
Such bid Proposal is genuine and is not a collusive or sham Bid Proposal;
4.
Neither the said Bidder nor any of its officers, partners, owners, agents, representatives, employees, or
parties in interest, including this Affiant, has in any way colluded, conspired, connived or agreed,
directly or indirectly with any other Bidder, firm or person to submit a collusive or sham Bid Proposal
in connection with the Contract for which the attached Bid Proposal has been submitted or to refrain
from bidding in connection with such contract, or has in any manner, directly or indirectly sought by
agreement or collusion or communication or conference with any other Bidder, firm or person to fix the
price or prices in the attached Bid Proposal or of any other Bidder, or to fix the overhead, profit or cost
element of the Bid price or the Bid price of any other Bidder, or to secure through any collusion,
conspiracy, connivance or unlawful agreement any advantage against the City of Asheville, or any
person interested in the proposed Contract; and
5.
The price or prices quoted in the attached Bid Proposal are fair and proper and are not tainted by any
collusion, conspiracy, connivance or unlawful agreement on the part of the Bidder or any of its agents,
representatives, owner, employees, or parties of interest including this Affiant.
(Signed)
______________________________
Title:
______________________________
SWORN TO AND SUBSCRIBED before me this _ __ day of ________ ______, 20_
NOTARY PUBLIC: _____________
__.
___________
My Commission Expires: ________ ___________
**END OF SECTION**
North Fork Dam Intake Tower and Conduit Repairs
01111-1
ID #01-11-010
SECTION 01140
BID
TO:
City of Asheville
(hereinafter called ("Owner")
Water Resources Department
P. O. Box 7148
Asheville, North Carolina 28802
FROM: ________________________________
_________________________________
_________________________________
of the City of ________________________, County of _________
_________________, hereinafter called "Bidder".
State of ____
PROJECT:
_____________, and
North Fork Dam Intake Tower and Conduit Repairs
DATE OF BID:
The undersigned hereby signifies that it is ________ (his/their) intention and purpose to enter into a
formal Contract with the Owner, to furnish all labor; materials, tools, equipment, apparatus, supplies,
etc., required and to do all the work necessary for and because of the construction, erection, and/or
installation of the proposed
Tower / Bridge / Conduit Repair
for the Owner in accordance with the Contract Documents. This price shall include Addenda numbers
** Fill in appropriate Addenda number(s) **:
___________________________________________________________ for the total contract bid price
of: ______________________________________________________________________________
Dollars ($_____________). We further agree to complete the work in 150 calendar days after
receipt of Notice to Proceed.
North Fork Dam Intake Tower and Conduit Repairs
01140-1
ID #01-11-010
There is deposited, herewith, a certified check in the amount of: _________________________
____________________________________________________ Dollars ($_______________); or a Bid
Bond in the amount of five percent (5%) of the total aggregate amount, of this Bid made payable to the
Owner, the same to be refunded to the undersigned under the conditions of and in accordance with the
terms of this Proposal which are as follows:
Gentlemen:
The bidder, in compliance with your Advertisement for Bids for the construction of the above referenced
project, having examined the Drawings and Specifications with related documents and the site of the
proposed work, and being familiar with all of the conditions surrounding the construction of the
proposed project, including the availability of materials and labor, hereby proposes to furnish all labor,
materials, and supplies, and to construct the project in accordance with the Contract Documents, within
the time set forth therein and the prices stated below. These prices are to cover all expenses incurred in
performing the Work required under the Contract Documents, of which this proposal is a part.
The Bidder declares that he has carefully examined the site of the proposed Work and fully informed
and satisfied himself as to the conditions there existing, the character and requirements of the proposed
Work, and the difficulties attendant upon its execution, and that he has carefully read and examined the
Drawings, the annexed proposed Agreement, and the Specifications and other Contract Documents
therein referred to, and knows and understands the terms and provisions thereof.
Bidder understand that information relative to existing structures, apparent and latent conditions, and
natural phenomena, as furnished to him on the Drawings, in the Contract Documents, or by the Owner
or the Engineer, carries no guarantee expressed or implied as to its completeness or accuracy, and he has
made due allowance therefore.
TIME FOR COMPLETION AND LIQUIDATED DAMAGES: Bidder hereby agrees to commence
work under this contract within 10 days of the Notice to Proceed and to fully complete the project within
150 consecutive calendar days thereafter.
Bidder also agrees to pay $1,800/day as liquidated damages for each consecutive calendar day
thereafter.
We agree that the following shall form a part of this bid:
Section
01211
01229
01140
01142
01111
Title
Drug Free Workplace Certification
Minority Business Plan & E-Verify Affidavit
Bid
Bid Bond
Non-Collusion Affidavit of Prime Bidder
ADDENDA: Bidder acknowledges receipt of the following Addenda:
Addendum No. ____________________ Date: ______________
Addendum No. ____________________ Date: ______________
Addendum No. ____________________ Date: ______________
Addendum No. ____________________ Date: ______________
North Fork Dam Intake Tower and Conduit Repairs
01140-2
ID #01-11-010
BID SCHEDULE
BID
NO.
2.1
BID ITEM
QTY
UNIT
Mobilization, and Demobilization
1
LS
2.2
Temporary Facilities and Controls
1
LS
2.3
Structure Demolition
1
LS
2.4
Cast-In-Place Concrete
CIP Concrete, Structural
16
CY
CIP Concrete, Lean
255
CY
2.5
Cellular Concrete
1
LS
2.6
Metal Fabrications
1
LS
2.7
FRP Ladder
1
LS
2.8
FRP Platforms
1
LS
2.9
FRP Stem Guides
8
EA
2.10
Painting
1
LS
2.11
Filter Diaphragm
1
LS
2.12
Erosion & Sediment Controls
1
LS
2.13
PVC Piping
1
LS
2.14
Water Utility Piping
Pipe Replacement
1
LS
Pipe Modifications
1
LS
HDPE Sample Lines
2700
LF
48-IN DIA HDPE Pipe
546
LF
6
EA
300
EA
2.15
UNIT PRICE
TOTAL
HDPE Pipe and Fittings
2.16
Pressure Gauge Replacement
2.17
Bolt Replacement
TOTAL:
$
-
The Bidder is requested to state below what work of a similar character to that included in the proposed
contract he has done and to give references that will enable the Owner to judge his experience, skill, and
business standing.
North Fork Dam Intake Tower and Conduit Repairs
01140-3
ID #01-11-010
Additions to work and deletions from work shall be paid in accordance with these unit prices.
The unit prices shall include all labor, materials, dewatering, shoring, removal, overhead, profit,
insurance, taxes, fees, etc., to cover the finished work of the several kinds called for.
Bidder understands that the Owner reserves the right to reject any or all bids and to waive any
informalities in the bidding.
The Bidder agrees that any withdrawal of this Bid shall be in accordance with N.C. General Statute
Section 143-129.1.
Upon receipt of written notice of the acceptance of this Bid, Bidder will execute the formal Agreement
attached within twenty (20) days, and deliver Surety Bonds and Insurance Certificates as required by the
General Conditions. The bid security attached in the sum of:
($_____________________) is to become the property of the Owner in the event the Agreement and
Bond are not executed and Insurance Certificates not furnished within the time above set forth as
liquidated damages for the delay and additional expense to the Owner caused thereby.
The undersigned declares that his firm is (delete those not applicable):
A corporation organized and existing under the laws of the State of _______________________.
A partnership consisting of _____________________________________.
The undersigned declares that the person signing this proposal is fully authorized to sign the proposal on
behalf of the firm listed and to fully bind the firm listed to all the conditions and provisions thereof.
It is agreed that no person or persons or company other than the firm listed below or as otherwise
indicated hereinafter has any interest whatsoever in this proposal or the contract that may be entered into
as a result thereof, and that is all respects the proposal is legal and fair, submitted in good faith, without
collusion or fraud.
Respectfully Submitted:
Contractor
North Fork Dam Intake Tower and Conduit Repairs
01140-4
ID #01-11-010
(Seal - if bid is by a
Corporation)
By:
ATTEST TO:
(Title)
___________________________
CORPORATION SECRETARY
(Address)
N. C. Bidder's License No. _____________________________________
N. C. Contractor's License No. _________________________
**END OF SECTION**
North Fork Dam Intake Tower and Conduit Repairs
01140-5
ID #01-11-010
SECTION 01142
BID BOND
KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned
______________________________________________________________
________
_____________________________________________________ , as Principal,
and __________________________________________________, as Surety, are
hereby held and firmly bound unto the City of Asheville as OWNER, in the penal sum of
__________________________for the payment of which, well and truly to be made, we hereby jointly
and severally bind ourselves, our heirs, executors, administrators, successors and assigns.
Signed this _____________day of
, 2014.
The Condition of the above obligation is such that whereas the Principal has submitted to the City of
Asheville a certain BID, attached hereto and hereby made a part hereof, to enter into a contract in
writing, for the construction of:
North Fork Dam Intake Tower and Conduit Repairs
NOW, THEREFORE,
(a)
If the said BID shall be rejected, or in the alternate,
(b)
If said BID shall be accepted and the Principal shall execute and deliver a
contract in the Form of Contract attached hereto (properly completed in
accordance with said BID) and shall furnish a BOND for his faithful
performance of said contract, and for the payment of all persons performing
labor or furnishing materials in connection therewith, and shall in all other
respects perform the agreement created by the acceptance of said BID.
Then this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly
understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event,
exceed the penal amount of this obligation as herein stated.
IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and
such of them as are corporations have caused their corporate seals to be hereto affixed and these presents
to be signed by their proper officers, the day and year first set forth above.
North Fork Dam Intake Tower and Conduit Repairs
01142-1
ID #01-11-010
Attest to:
_____________________________
Contractor
_____________________________
Secretary
(Corporate Seal)
Attest to:
By: _____________________________
______________________________
Surety
_____________________________
Secretary
(Corporate Seal)
By: _____________________________
Countersigned:
_____________________________________
NC Licensed Resident Agent
_____________________________________
_____________________________________
Name and Address - Surety Agency
_____________________________________
_____________________________________
Surety Company Name and NC Regional or Branch Office Address
IMPORTANT -- Surety companies executing BONDS must appear on the Treasury Department's most
current list (Circular 570 as amended) and be authorized to transact business in the state where the
project is located.
**END OF SECTION**
North Fork Dam Intake Tower and Conduit Repairs
01142-2
ID #01-11-010
SECTION 01143
NOTICE OF AWARD
TO:
PROJECT:
North Fork Dam Intake Tower and Conduit Repairs
The Owner has considered the BID submitted by you for the above described WORK in response to its
20
, and Instruction to Bidders.
Advertisement for Bids dated
You are hereby notified that your BID has been accepted for items in the amount of:
$
.
You are required by the Instruction to Bidders to execute the Agreement and furnish the required
CONTRACTOR'S Performance Bond, Payment Bond and Certificates of Insurance within twenty (20) calendar
days from the date of receipt of this Notice by you.
If you fail to execute said Agreement and to furnish said BONDS within ten (10) days from the date of your
receipt of this NOTICE, said OWNER will be entitled to consider all your rights arising out to the BID BOND.
The OWNER will be entitled to such other rights as may be granted by law.
The Agreement, the Performance Bond, the Payment Bond, and any Power of Attorney Notice for the Bonds shall
be left undated when submitted to the Owner. Upon execution of the Agreement by the Owner, the Owner will
date all of the above as of the date the Agreement is attested by the Clerk of the City of Asheville and notarized.
The Contractor shall submit with each returned contract a copy of his Certificate of Insurance. Please note that
the Contractor’s Issuer shall use the following language on the Certificate with regard to cancellation: “Should
any of the above described policies be cancelled before the expiration date hereof, the issuing company will mail
fifteen (15) days written notice to the certificate holder named to the left.” Any additional language making
exception to the above must be stricken to be acceptable to the Owner.
You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER.
Dated this _________ day of
, 2014
The City of Asheville (“Owner”)
By: ______________________________________
Gary Jackson
Title:
City Manager
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE OF AWARD is hereby acknowledged
By:
(Contractor’s Name)
this the ____________ day of _________________________, 2014
By: _________________________________________________________
North Fork Dam Intake Tower and Conduit Repairs
01143-1
ID #01-11-010
SECTION 01144
NOTICE TO PROCEED
TO:
(Contractor’s Name & Address)
DATE:
Project Name: North Fork Dam Intake Tower and Conduit Repairs
You are hereby notified to commence WORK in accordance with the agreement dated
20
, on or before __________________________, 20
and you are to complete the WORK within
,
consecutive calendar days thereafter. The
, 20
date of completion of ALL WORK is therefore
.
City of Asheville
By
Gary Jackson
Title: City Manager, City of Asheville
ACCEPTANCE OF NOTICE
Receipt of the above NOTICE TO PROCEED is hereby acknowledged
By
(Contractor’s Name)
this the _________ day of
, 20
.
By
Title
Title
North Fork Dam Intake Tower and Conduit Repairs
01144-1
ID #01-11-010
PAYMENT REQUEST TITLE SHEET
PROJECT:
North Fork Dam Intake Tower and Conduit Repairs
Application No: ______________
Date: _____________
Date of Notice to Proceed: ______________
Completion Date: _________________
Days Remaining in Contract: ________________
% Complete: ________________
ENGINEER:
Schnabel Engineering South, PC
CONTRACTOR:
SUMMARY:
TOTAL WORK COMPLETED TO DATE:
TOTAL STORED MATERIALS
TOTAL EARNED THIS APPLICATION
LESS RETAINAGE (5%)
SUBTOTAL
LESS PREVIOUS PAYMENTS
CURRENT PAYMENT DUE
SIGNATURES:
Federal ID # ______________________
$ ________________________________
$ ________________________________
$ ________________________________
$ ________________________________
$ ________________________________
$ ________________________________
$ ________________________________
CONTRACTOR:
___________________________, ______________________________, _______________
Name
Title
Date
VERIFICATION:
IN ACCORDANCE WITH THE CONTRACT AND
THIS APPLICATION FOR PAYMENT, THE
CONTRACTOR HAS COMPLETED THE WORK
STATED ABOVE AND IS ENTITLED THE FULL
PAYMENT IN THE AMOUNT SHOWN.
CONSTRUCTION INSPECTOR
___________________________, ___________________________ __, __________________
Name
Title
Date
CONSTRUCTION INSPECTOR SENIOR
___________________________, ______________________________, __________________
Name
Title
Date
APPROVAL:
THIS APPLICATION HEREBY APPROVED FOR PAYMENT:
PROJECT ENGINEER:
____________________________, PE #18958, Senior Project Manager, __________________
Name
Title
Date
APPROVAL:
THIS APPLICATION IS HEREBY APPROVED FOR PAYMENT:
CITY PROJECT MANAGER
____________________________, _____________________________, ___________________
Name
Title
Date
North Fork Dam Intake Tower and Conduit Repairs
01145-1
ID #01-11-010
CONSENT TO CHANGE ORDER
and its surety, ______________________________,
The undersigned contractor,
indicated on the Performance and Payment Bonds for the project identified as the North Fork Dam
Intake Tower and Conduit Repairs, do hereby consent on behalf of themselves, their successors and
assigns, to an increase in the amount of $
to the original (revised) contract price in the
amount of $
as set forth in the Change Order Number ________ to said
contract.
IN WITNESS WHEREOF, each party has caused this agreement to be executed by its duly authorized
, 20
.
official as of the ______ day of
ATTEST:
______________________________
Principal
_________________________ By: ________________________________
(Principal) Secretary
(Corporate Seal)
_______________________________
(Address)
_________________________________
ATTEST:
_________________________
(Surety) Secretary
(Corporate Seal)
_______________________________
(Surety)
_______________________________
(Address)
_______________________________
_______________________________
Attorney-in-Fact
________________________________
(Address)
________________________________
North Fork Dam Intake Tower and Conduit Repairs
01147-1
ID #01-11-010
STATE OF ___________________________
COUNTY OF _________________________
I,
, a Notary Public of the County
and State aforesaid certify that
,
personally came before me this day and acknowledged that (he/she) is the Secretary of
, a corporation, and that
by authority duly given as the act of the corporation the foregoing instrument was signed in its
name by its President and attested by (himself/herself) as its Secretary.
Witness my hand and notarial seal this ____ day of
, 20___.
________________________________
Notary Public
My Commission Expires: ____________
North Fork Dam Intake Tower and Conduit Repairs
01147-2
ID #01-11-010
DATE __
_________
CITY OF ASHEVILLE
SALES TAX REIMBURSEMENT INFORMATION
WE HEREBY CERTIFY THAT THE FOLLOWING SALES TAX LISTINGS FOR MATERIALS WERE
USED ON NORTH FORK DAM INTAKE TOWER AND CONDUIT REPAIRS AND HAVE BEEN
PAID IN FULL BY ________________
__ _____________
FOR FISCAL YEAR ________________.
VENDOR
INVOICE
INVOICE
INVOICE
BUNC. CO.
NC STATE
NUMBER
DATE
AMOUNT
TAX 2.25%
TAX 4.75%
SALES TAX TOTAL
North Fork Dam Intake Tower and Conduit Repairs
01148-1
ID #01-11-010
SECTION 01210
AGREEMENT
day of
THIS AGREEMENT, made this
between the City of Asheville, hereinafter called "OWNER" and
, 20
,
by
and
(Name of Contractor)
as a
, in the
(an Individual), (a Partnership) or (a Corporation)
, County of
City of
called "CONTRACTOR".
, and State of North Carolina, hereinafter
WITNESSETH: That for and in consideration of the payments and agreements hereinafter mentioned:
l.
The CONTRACTOR hereby agrees with the OWNER to commence and complete the
construction described as follows:
North Fork Dam Intake Tower and Conduit Repairs
as referred to in the Invitation for Bids
2. The CONTRACTOR will furnish all of the materials, supplies, tools, equipment, labor, and
other services necessary for the construction and completion of the PROJECT described
herein.
3. The CONTRACTOR will commence the work required by the CONTRACT DOCUMENTS
within 10 calendar days after the date of the NOTICE TO PROCEED and will fully complete
the PROJECT within 150 calendar days unless the period for completion is extended
otherwise by the CONTRACT DOCUMENTS. The CONTRACTOR further agrees to pay
to Owner, as liquidated damages, the sum of $1,800.00 for each consecutive calendar day
thereafter as hereinafter provided in the SUPPLEMENTAL CONDITIONS.
4. The CONTRACTOR agrees to perform all of the WORK described in the CONTRACT
DOCUMENTS and comply with the terms therein for the sum of:
Contract Amount ($
North Fork Dam Intake Tower and Conduit Repairs
.
) or as shown in the Bid Schedule.
01210-1
ID #01-11-010
5. The term "CONTRACT DOCUMENTS" means and includes the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
N.
O.
P.
Q.
R.
S.
Invitation for Bids
Instruction for Bidders
Non Collusion Affidavit of Prime Bidders
Bid
Bid Bond
Notice of Award
Notice to Proceed
Payment Request
Consent to Change Orders
Sales Tax Reimbursement
Contractors Final Affidavit and Waiver of Lien
Agreement
Performance Bond
Payment Bond
Drug Free Workplace Certification
Minority Business Plan & E-Verify Affidavit
General Conditions
Supplementary General & Special Conditions
Addenda
No.
No. ____________
No. ____________
No. ____________
Dated
Dated ____________________
Dated ____________________
Dated ____________________
T. Technical Specifications and Details
U. Drawings (Sheets 1-21)
6. The OWNER agrees to pay the CONTRACTOR in the manner and at such times as set forth
in the General Conditions such amounts as required by the CONTRACT DOCUMENTS.
7. This Agreement shall be binding on all parties hereto and their respective heirs, executors,
administrators, successors and assigns.
North Fork Dam Intake Tower and Conduit Repairs
01210-2
ID #01-11-010
8. The Contractor makes the following representations to the Owner:
A. That the Contractor has become familiar with the nature and extent of the Work
prescribed in the Contract Documents, the site of the Work and its sub-surface
conditions, and local conditions and laws and regulations which in any manner may
affect cost, progress, performance, or furnishing of the Work as is required by the
General Conditions in the Contract Documents.
B. That the Contractor has given the Owner written notice of all conflicts, errors,
discrepancies, or need for clarification of understanding of any part of the Drawings or
Contract Documents not entirely clear to the Contractor, and the written resolution of all
such notices are acceptable to the Contractor.
C. That the Contractor has adopted formal policy procedures and training for the
Contractor’s personnel in occupational safety and health practices in conformance with
29 CFR part 1926 and has adopted procedures to require the same of any subcontractors.
Included in the formal policy are procedures which are fully compliant with State and
Federal regulations and strictly enforced by the Contractor covering Trenching and
Shoring, Confined Space Entry, “Lock-Out”/”Tag-Out” and “Hot Work” Permitting.
9. No assignment by a party hereto of any rights under or interest in the Contract Documents
will be binding on the other party hereto, without the written consent of the party sought to
be bound; and unless stated to the contrary in any written consent, no assignment will release
or discharge the assignor from any duty or responsibility under the Contract Documents.
North Fork Dam Intake Tower and Conduit Repairs
01210-3
ID #01-11-010
Contract #
Council Resolution #
IN WITNESS WHEREOF, the parties hereto have executed or caused to be executed by their duly authorized officials,
this agreement in six counterparts, each of which shall be deemed an original, in the year and day first above written.
The Department Director by Written Approval conveys that this contract has been reviewed and presented for
approval by the City of Asheville.
____________________________________________DATE__________
Stephen R. Shoaf, Water Resources Director
This instrument has been pre-audited in the manner required by the Local Government Budget and Fiscal
Control Act.
____________________________________________DATE__________
Chief Financial Officer
CITY OF ASHEVILLE
Attest to:
________________________
By: _______________________________DATE_________
City Clerk
(Corporate Seal)
Gary W. Jackson, City Manager
STATE OF NORTH CAROLINA
COUNTY OF
I, Notary Public of
County and State aforesaid certify that ________________________________,
personally came before me this day and acknowledged that she is the City Clerk of the City of Asheville, a
municipal corporation, and that by authority duly given and as the act of the corporation the foregoing
instrument was signed in its name by its City Manager and attested by herself as its City Clerk.
Witness my hand and notarial seal this ____________ day of ______________________, 2014
______________________________________ My Commission Expires: __________________
Notary Public
****************
By:
Contractor
President
STATE OF _____________________________
COUNTY OF ___________________________
I, __________________________, a Notary Public of the aforesaid County and State, certify that
(name of person signing) personally came before me this day and acknowledged that he/she is the
(title of office) of
(name of corporation) corporation, and that he/she, as
(title of person signing), being authorized to do so, executed the foregoing on behalf of the said corporation.
Witness my hand and notarial seal, this ____________day of________________, 2014.
Notary Public:____________________________________
North Fork Dam Intake Tower and Conduit Repairs
01210-4
My Commission Expires: _____________
ID #01-11-010
Certificate of Acknowledgement of Contractor if a Corporation
For
CONTRACT AGREEMENT
State of
County of
20
On this _____________ day of
,
before me personally came
to me known, who being duly sworn did say as follows:
that he resides at
and is the
of
The corporation described in and which executed the foregoing instrument; that he knows the corporate
seal of said corporation, that the seal affixed to the foregoing instrument is such corporate seal and it
was so affixed by order of the Directors of said corporation; and that by the like order he signed thereto
his name and official designation.
(SEAL)
Notary Public
My commission expires
North Fork Dam Intake Tower and Conduit Repairs
01210-5
ID #01-11-010
PERFORMANCE BOND
Date of Execution:
Name of Principal (Contractor):
Name of Surety:
Name of Contracting Body:
City of Asheville
Amount of Bond:
Project:
North Fork Dam Intake Tower and Conduit Repairs
KNOW ALL MEN BY THESE PRESENTS, that we, the PRINCIPAL and SURETY above named, are
held and firmly bound unto the above named Contracting Body, (hereinafter referred to as "Contracting
Body"), in the penal sum of the amount stated above for the payment of which sum well and truly to be
made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and severally, firmly
by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas, the Principal entered into a certain
contract with the Contracting Body, identified as shown above and hereto attached:
NOW, THEREFORE, if the Principal shall well and truly perform and fulfill all the undertakings,
covenants, terms, conditions, and agreements of said contract during the original term of said contract and
any extensions thereof that may be granted by the Contracting Body, with or without notice to the Surety,
and during the life of any guaranty required under the contract, and shall also well and truly perform and
fulfill all the undertakings, covenants, terms, conditions and agreements of any and all duly authorized
modifications of said contract that may hereafter be made, notice of which modifications to the Surety being
hereby waived, then, this obligation to be void; otherwise to remain in full force and virtue.
Whenever Principal shall be, and declared by Contracting Body to be in default under the Contract, the
Contracting Body having performed Contracting Body's obligations thereunder, the Surety may promptly
remedy the default, or shall promptly:
1) Complete a bid or bids for completing the contract in accordance with its terms and conditions;
or
2) Obtain a bid or bids for completing the contract in accordance with its terms and conditions, and
upon determination by Surety of the lowest responsible bidder, or, if the Contracting Body
elects, upon determination by the Contracting Body and the Surety jointly of the lowest
responsible bidder, arrange for a contract between such bidder and Contracting Body, and make
available as work progresses (even though there should be a default or a succession of defaults
under the contract or contracts of completion arranged under this paragraph) sufficient funds to
pay the cost of completion less the balance of the contract price, but not exceeding, including
other costs and damages for which the Surety may be of liable hereunder, the amount set forth
in the first paragraph hereof. The term "balance of the contract price", as used in this paragraph
North Fork Dam Intake Tower and Conduit Repairs
01210-6
ID #01-11-010
shall mean the total amount payable by Contracting Body to Principal under the Contract and
any amendments thereto, less the amount properly paid by Contracting Body to Contractor.
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their several
seals on the date indicated above, the name and corporate seal of each corporate party being hereto affixed
and these presents duly signed by its undersigned representative, pursuant to authority of its governing
body.
Attest To:
_______________________________
Contractor
By:
Secretary
(Corporate Seal)
Attest To:
_____________________________________
Surety
By: _______________________________
Secretary
(Corporate Seal)
Countersigned:
_____________________________
N.C. Licensed Resident Agent
_____________________________
Name and Address - Surety Agency
_____________________________
_____________________________
Surety Company Name and N.C.
Regional or Branch Office Address
North Fork Dam Intake Tower and Conduit Repairs
01210-7
ID #01-11-010
PAYMENT BOND
Date of Execution:
______________________________________________________
Name of Principal:
(Contractor)
______________________________________________________
______________________________________________________
Name of Surety:
______________________________________________________
______________________________________________________
Name of Contracting
Body:
Amount of Bond:
City of Asheville
______________________________________________________
Project:
North Fork Dam Intake Tower and Conduit Repairs
KNOW ALL MEN BY THESE PRESENTS, That we, the PRINCIPAL and SURETY above
named, are held and firmly bound unto the above named Contracting Body, (hereinafter referred to as
"Contracting Body"), in the penal sum of the amount stated above for the payment of which sum well
and truly to be made, we bind ourselves, our heirs, executors, administrators, and successors, jointly and
severally, firmly by these presents.
THE CONDITION OF THIS OBLIGATION IS SUCH, that whereas the Principal entered into a
certain contract with the Contracting Body, identified as shown above and hereto attached:
NOW, THEREFORE, if the Principal shall promptly make payment to all persons supplying
labor and material in the prosecution of the work provided for in said contract, and any and all duly
authorized modifications of said contract that may hereafter be made, notice of which modifications to
the Surety being hereby waived, then this obligation to be void; otherwise to remain in full force and
virtue.
North Fork Dam Intake Tower and Conduit Repairs
01210-8
ID #01-11-010
IN WITNESS WHEREOF, the above-bounden parties have executed this instrument under their
several seals on the date indicated above, the name and corporate seal or each corporate party being
hereto affixed and these presents duly signed by its undersigned representative, pursuant to authority of
its governing body.
Attest to:
Contractor Name
Contractor
_____________________________
Secretary
(Corporate Seal)
By:
Attest to:_____________________
Surety
_____________________________
Secretary
(Corporate Seal)
North Fork Dam Intake Tower and Conduit Repairs
By:
01210-9
ID #01-11-010
Insurance Submittals for Contractor Required to Execute Contract
Submit a COI listing the City as Certificate Holder (COA, PO Box 7148, AVL, 28802) and list the City
as additional insured on their General Liability and Auto Liability policies. In addition, submit a Waiver
of Subrogation for the City on Contractor’s Workers’ Compensation policy.
COI Limits need to reflect High Risk Profile column on City insurance matrix, titled City of Asheville
Minimum Insurance Requirements Effective March 2014.
ATTACH
INSURANCE
North Fork Dam Intake Tower and Conduit Repairs
CERTIFICATES
01210-10
ID #01-11-010
City of Asheville Minimum Insurance Requirements Effective March 2014
Insurance Coverage
Low
Risk Profile
Medium
Risk Profile
(Standard Limits)
High
Risk Profile
a. $500,000
a. $1,000,000*
a. $1,000,000*
b. $1,000,000
b. $2,000,000*
b. $2,000,000*
n/a
$1,000,000
$2,000,000 - $4,000,000+
Commercial Automobile Liability
Combined Single Limit per occurrence
Required to list City as Additional Insured
$500,000
$1,000,000*
$1,000,000*
Workers’ Compensation
Waiver of Subrogation Required
Statutory
Statutory
Statutory
100/500/100
500/500/500*
500/500/500*
Professional Liability
may be required depending on nature of
services provided by contract. Coverage
required for professional service such as
accountant, attorney, architect, design,
engineering and most consultants.
$500,000 per occurrence
$1,000,000
$1,000,000+
Consult Risk Management
Environmental/Pollution Liability
Required if demolition, use of hazardous
materials or environmentally sensitive.
n/a
$1,000,000*
$1,000,000+*
Consult Risk Management
Crime / Fidelity Bond (loss of money or
other property due to dishonest acts). Only
for Contracts such as Banking, Janitorial,
Fund Raising, TPA’s and similar.
Consult Risk Management
Amount depends on
exposure to loss
Consult Risk Management
Amount depends on exposure
to loss
Consult Risk Management
Amount depends on
exposure to loss
Bid, Performance & Payment Bonds
Consult Risk Management
Consult Risk Management
Consult Risk Management
Commercial General Liability
Required to list City as Additional Insured
a.
Per Occurrence
b.
General Aggregate
Umbrella/Excess Liability
Employers’ Liability
The City may require higher limits of insurance depending upon the nature and scope of the project.
* A combination of Umbrella/Excess and primary limit may be used to provide coverage for the amount shown.
Certificates of Insurance should include the following:
1. The City of Asheville listed as an additional insured on General Liability and Auto Liability policies.
2. Provide a Waiver of Subrogation on Workers’ Compensation. If such Waiver is not available from insurer,
contact Asheville Risk Management.
3. Disclose any self-insured retention (allowed only if pre-approved by Risk Management).
4. Designate the City of Asheville, PO Box 7148, Asheville NC 28802, as Certificate Holder.
5. Provide that the City shall be notified at least 30 days in advance of cancellation or material change in
coverage.
Contract insurance requirements must be met. Receipt of a non-compliant certificate, other documentation of
insurance or policies by the City or any of its representatives does NOT constitute a waiver of the
vendor/contractor’s obligation to fulfill the insurance requirements of the City.
North Fork Dam Intake Tower and Conduit Repairs
01210-11
ID #01-11-010
It is recognized that a purchase order for the routine procurement of goods may not explicitly state insurance
requirements. However, departments should review each acquisition to identify potential risks that may require
the imposition of insurance requirements. The City’s failure to request or demand evidence of insurance shall not
constitute a waiver of any insurance requirement.
Those parties who do not meet the minimum requirements for insurance coverage may ask for an exception. A
certificate of insurance for the maximum limits of coverage that are carried by the Contractor/Vendor must be
submitted to the City Risk Manager along with a detailed explanation of services and/or products to be provided to
the City by the Contactor/Vendor. The request will be reviewed by the City Risk Manager for a determination as
to whether an exception will be made. Failure to obtain an exception will eliminate the requesting party as a
Contractor/Vendor.
Insurance requirements subject to change without notice.
**END OF SECTION**
North Fork Dam Intake Tower and Conduit Repairs
01210-12
ID #01-11-010
SECTION 01211
DRUG FREE WORKPLACE CERTIFICATION
, Contractor with the City of Asheville,
(Contractor’s Name)
for the project known as North Fork Dam Intake Tower and Conduit Repairs, certifies that the City
of
Asheville’s Drug Free Workplace Policy, as set forth in Resolution No. 96-75, has been reviewed
by or explained to the officers, agents and employees of
, and
(Contractor Name)
hereby agrees that said Policy is a part of this Contract
(Contractor Name)
and further certifies that
will comply with the requirements thereof.
This the _____ day of ______________________________, 20
.
(Contractor’s Name)
Attest:
__________________________________
Secretary/Treasurer
By:
President/Vice-President
SWORN TO AND SUBSCRIBED before me this ___ day of ___________________, 2014.
Notary Public
My Commission Expires: ____________________
**END OF SECTION**
North Fork Dam Intake Tower and Conduit Repairs
01211-1
ID #01-11-010
MINORITY BUSINESS OUTREACH MINIMUM COMPLIANCE REQUIREMENTS:
The annual verifiable goals for the City of Asheville in minority business participation are listed below.
These forms are for non-building construction projects (or horizontal construction that is non-building
related).
CONSTRUCTION
African Americans 3%
Hispanic, Asian & Native Americans 1%
Women 8%
PROCUREMENT
African Americans 5%
Hispanic, Asian & Native Americans 2%
Women 18%
PROFESSIONAL
African Americans 7%
Hispanic, Asian & Native Americans 7%
Women 37%
The Minority Business Plan includes a 72-business hour delay for proof of minimum compliance. The
apparent low bidder must provide, with the bid, documented proof in the form of Minority Business (MB)
Form 1 (MB Utilization Commitment) or MB Form 2 (Letter of Intent to Perform Work without
Subcontracting). In addition, there are separate forms for building construction which provides for different
criteria in reporting minority participation and good faith efforts.
The following is a description of the Minority Business Forms for all other bidding and what must be done
to submit a responsible bid.
•
Good Faith Checklist – This checklist provides ways in which the general contractor can actively work
to increase participation by minority and women owned firms. Please answer all questions honestly
and provide supporting documentation. Failure to provide this evidence may result in rejection of the
bid and award to the next lowest responsible bidder. This form is due 72-business hours following the
opening of the bid along with MB Form 1A and any supporting documentation must accompany this
form if the bidder is subcontracting work on the project.
•
MB Form 1 (MB Utilization Commitment) – This forms states the amount of minority business
participation on the named project. The bidder must turn this form in at the time of the bid if the firm will
be subcontracting whether or not minority and woman owned firms are used. The Good Faith
Checklist, MB Form 1A and any supporting documentation must accompany this form within 72
business hours.
•
MB Form 1A (MB Unavailability - Subcontracting, Supplies and/or Services) – This form lists all of
the minority and women owned firm sub-contacts on the project bid that were unavailable to bid. The
Good Faith Checklist and any documentation must accompany this form within 72-hours.
MB Form 2 (Letter Of Intent to Perform Work without Subcontracting) – This form states that the
Bidder will not subcontract work on this project. This form does not need to be accompanied by any
other MB Form and must be turned in with the bid.
Revised 2/06/2014
North Fork Dam Intake Tower and Conduit Repairs
01229-1
ID #01-11-010
TYPES OF ADDITIONAL DOCUMENTATION (If minority business subcontracting is not achieved):
Documentation of Bidder’s best faith efforts to meet the goals set forth in these provisions must be submitted
with the bid or within 72 business hours of the bid opening. This documentation must include but not limited to
the following evidence:
•
•
•
•
•
Copies of solicitations for quotes to minority and women business firms (or Historically Underutilized
Businesses) from the State’s VendorLink System. This can be accessed from
https://www.ips.state.nc.us/Vendor/SearchVendor.aspx or
https://www.ips.state.nc.us/vendor/searchvendor.aspx?t=h (this particular link only looks at HUBs). Each
solicitation must contain a specific description of the work to be subcontracted, location where bid
documents can be reviewed, representative of the Prime Bidder to contact, and location, date and time
when quotes must be received by the Prime Bidder.
Copies of quotes or responses from each firm responding to the solicitation.
Documentation of any contacts, correspondence or conversation with minority and women business firms
made in an attempt to meet the goals.
Letter documenting efforts to provide assistance in obtaining required bonding or insurance for minority and
women business firms.
Letter detailing reason for rejection of minority and women business firms on the project bid.
Failure to provide the documentation as listed in these provisions may result in rejection of the bid and
award to the next lowest responsible bidder. The City of Asheville reserves the right to waive any informality
if they can be resolved prior to award of the contract and it is in their best interest to do so and award the
contract.
SUBCONTRACTING PAYMENT REQUIREMENTS:
North Carolina General Statute 143-134.1 states that the percentage of retainage on payments made by the
prime contractor to the subcontractor shall not exceed the percentage of retainage on payments made by the
City of Asheville to the prime contractor. Failure to comply with this provision shall be considered a breach of the
contract, and contract may be terminated in accordance with the termination provisions of the contract. The
Contractor must provide to the City of Asheville Minority Business Program an itemized statement of payments
made to each MB subcontractor with each request for payment and before final payment. The Office of
Economic Development for Minority Business Outreach should be provided this information on a
quarterly basis in order to report payment information by the successful bidder. The form is ‘The
Documentation of Contract Payments’ by general contractors to minority and women firms. Monitoring of these
projects by the City of Asheville (via the Office of Economic Development) will ensure that all parties are
meeting their obligations. Please return this information to the Office of Economic Development (MB
Program), P. O. Box 7148, Asheville, NC 28802-7148. If you have questions, please contact us at (828)
259-8050, (828) 350-0072 Fax, email at [email protected] or [email protected].
PROGRAM COMPLIANCE REQUIREMENTS:
All written statements, certifications, or intentions made by the Bidder shall become a part of the agreement
between the Contractor and the City of Asheville for performance of this contract. Failure to comply with any of
these statements, certifications, or intentions or with the MB outreach shall constitute a breach of the contract. A
finding by the City of Asheville that any information submitted either prior to award of the contract or during
performance of the contract is inaccurate, false or incomplete, shall also constitute a breach of the contract. Any
such breach may result in termination of the contract in accordance with the termination provisions contained in
the contract. It shall be solely at the option of the City of Asheville whether to terminate the contract for breach.
In determining whether a contractor has made best faith efforts, the City of Asheville will evaluate all efforts
made by the Contractor and will determine compliance in regards to quantity intensity, and results of these
efforts. The City of Asheville may take into account those factors listed in the MB Outreach guidelines.
Revised 2/06/2014
North Fork Dam Intake Tower and Conduit Repairs
01229-2
ID #01-11-010
CHECKLIST FOR REVIEW OF GOOD FAITH EFFORTS
(This form, MB Form 1 A along with good faith efforts documentation due within 72 busine ss hours of bid opening)
1. Have you attended the pre-bid conferen ce(s) scheduled?
( ) Yes ( ) No (Meeting attendance is documented by the local government agency)
2. Have you advertised at least seven (7) days in a g eneral circulation, trade association, construction or
Minority/women-focused med ia within the contracting area reg arding subcontracting opportunities with
your firm prior to the bid open ing date? ( ) Yes ( ) No
(Attach documentation)
3. Have you utilized the services of the City’s Minority Busin ess Program, available minority
community organizations, minority contractors’ group, local minority business assistance offices and oth er
local organizations that provide a ssistance in the recruitment and placement of m inorities an d women to
solicit bids for this project? Access to the website for the most current information in the Dire ctory of
Certified Businesses for each local g overnment is on the State North Carolina’s VendorLink site at
www.ips.state.nc.us/ips/vendor/se archvendor.aspx? t=h (HUB Vendor Search). ( ) Yes ( ) No
(Attach documentation)
4. Have you pro vided interested minority & women owned businesses (MB’s) with adequate and e qual
ac cess to information ab out the plans, specifications and req uirements of the contract, insu rance and
licenses? ( ) Yes ( ) No
5. Did you provide written notice to all ap propriate certified minority & women-owned b usinesses within the
identified subcontracting / supplier / service categories that their interest in the contract was being solicited
an d in sufficient time to a llow the se certified mino rity & women-owned businesses to participate?
Additionally, d id the solicitation conta in a descrip tion and location of the project, the work for which the
subcontractors’ bids are being solicited, d ate, time and location where the su bcontractors’ b ids are to be
submitted, locations where bidding docum ents could be revie wed ? ( ) Yes ( ) No
6. Have you selected portions of the work to be perform ed by certified mino rity & wo men-owned businesses
in order to increase the likelihood of m eeting outreach go als including breaking it into economically
fea sib le units where app ropriate? ( ) Yes ( ) No
7. Have you designated someone in your firm to be the sin gle contact for M B’s that ma y have questions or
ne ed assistance? ( ) Yes ( ) No (Please indicate name of person and title)
Name : _________ ___________ __________ __________ __ Title : ____________________ __________ __
8. Have you worked with the Minority Bu sin ess Program in developing and administrating areas of technical
assistance for MBs, i.e . bonding, lines of credit o r insurance?
( ) Yes ( ) No
9. Did you follow up initial solicitations of interest by contacting MB’s to determine with certainty whether they
are interested in bidding?
( ) Yes ( ) No
10. Did you negotiate in good faith with interested MB’s; not rejecting MB’s as unqualified without sound
reasons b ased o n a thorough investigation of the ir capa bilities?
( ) Yes ( ) No
_ __________ ___________ __________ __________ _____
Signature
__ ___________ __________ _________ _
Title
Revised 2/06/2014
North Fork Dam Intake Tower and Conduit Repairs
01229-3
ID #01-11-010
MB FORM 1
MB UTILIZATION COMMITMENT
(Must be submitted with bid if subcontracting–The Good Faith Efforts Checklist, MB Form 1A & documentation
are due within 72 business hours of the bid opening)
We, ______________________________________________________________, do certify that on
the __________________________________________________________________________
(Project Name)
_____________________________________________, _________________________________
(Project Number)
(Dollar Amount of Bid)
We will expend a minimum of __________% of the total dollar amount of the contract with certified
minority business (MB) enterprises. MB’s will be employed as vendors, suppliers or providers of
professional services.
Such work will be subcontracted to the following firms listed below. If the Bidder intends to
subcontract, this form must be completed and submitted with the bid and documentation of good faith
efforts regardless of the amount or lack of participation attained.
Indicate
Name and Phone
MB
Description
Dollar
Number of Firm
Category
of Work
Value
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
_______________________________________________________________________________
The undersigned will enter into a formal agreement with Minority Firms for work listed in this schedule
conditional upon execution of a contract. Failure to fulfill this commitment may constitute a breach of
the contract.
The undersigned hereby certifies that s/he has read the terms of this commitment and is authorized to
bind the Bidder to the commitment herein set forth.
Date: _________________ Name of Bidder/Company: ___________________________________
By: ______________________________________________
Title: ________________________________________________
Revised 2/06/2014
North Fork Dam Intake Tower and Conduit Repairs
01229-4
ID #01-11-010
MB FORM 1A
CERTIFICATE OF MB UNAVAILABILITY
SUBCONTRACTING / SUPPLIES / SERVICES
(This form is due 72 business hours following the bid opening if your company is subcontracting on the project)
Name of Contractor: ___________________________ Project:
__________________________________
Work/Service/Goods
Needed
Name of MB &
Phone
Date of
Contact
Contact
Person
Reason for
Unavailability
Pursuant to the City of Asheville’s “Minority Business Plan Minimum Compliance Requirements,” the
undersigned certifies that the above Minority Business(es) were contacted in good faith and that said
MB(s) were unable to submit a bid for reasons indicated.
Date: ____________________________ Signature: ____________________________________
Title: ________________________________________________
Revised 2/06/2014
North Fork Dam Intake Tower and Conduit Repairs
01229-5
ID #01-11-010
MB FORM 2
STATEMENT OF INTENT TO PERFORM WORK WITHOUT
SUBCONTRACTING
(No Other MB Forms need to accompany this form and it is due @ bid opening)
We, _________________________________________, hereby certify that it is our intent to
perform 100% of the work required for the _______________________________ contract
(Name of Project)
In making this certification, the Bidder states that the Bidder does not customarily subcontract
elements of this type project, and normally performs and has the capability to perform and will perform
all elements of the work on this project with his/her own work forces; and
The bidder agrees to provide any additional information or documentation requested by the owner in
support of the above statement.
The undersigned hereby certifies that s/he has read this certification and is authorized to bind the
Bidder to the commitments herein contained.
Date: _________________ Name of Bidder/Company: ___________________________________
Signature: __________________________________________
Title: ___________________________________________
Revised 2/06/2014
North Fork Dam Intake Tower and Conduit Repairs
01229-6
ID #01-11-010
MB FORM 5
DOCUMENTATION OF CONTRACT PAYMENTS
Payments on subcontracts made to minority firms needs to be provided per project. Please provide this information to the
owner’s representative or directly to the Office of Economic Development (see contact information below).
The following is a list of payments made to minority and women owned firms on this project
between the dates of ___________________________ and _________________________.
Project Name: _____________________________________________________________
Company Name: ___________________________________________________________
Company Contact (Name, phone and email): ___________________________________
__________________________________________________________________________
ON THE ABOVE REFERENCE PROJECT, PLEASE INDICATE THE FOLLOWING:
MINORITY FIRM NAME
BLACK,
HISPANIC
ASIAN, INDIAN
OR
WOMAN
AMOUNT
& DATE OF PAYMENTS
PLEASE CHECK ONE:
_____ Payment amounts represent the final total to be paid for this project.
_____ Payment amounts DO NOT represent the final total to be paid for this project.
________________________________________________________
Signature and Title of Certifying Agent
Any questions regarding this information can be directed to Brenda Mills, Economic Development Specialist, Office
of Economic Development at (828) 259-8050 or [email protected].
Revised 2/06/2014
North Fork Dam Intake Tower and Conduit Repairs
01229-7
ID #01-11-010
Contractors Must Use E-Verify: Per Session Law 2013-418, no city may enter into a contract unless the
contractor and the contractor’s subcontractors comply with Article 2 of Chapter 64 of the General Statutes.
E-Verify Employer Compliance: Employers and their subcontractors with 25 or more employees as defined in
Article 2 of Chapter 64 of the NC General Statutes must comply with E-Verify requirements to contract with
governmental units. E-Verify is a Federal program operated by the United States Department of Homeland
Security and other federal agencies, or any successor or equivalent program used to verify the work
authorization of newly hired employees pursuant to federal law.
A completed copy of the included City of Asheville E-Verify Affidavit (following) must accompany your
bid.
North Fork Dam Intake Tower and Conduit Repairs
01229-8
ID #01-11-010
CITY OF ASHEVILLE
E-VERIFY AFFIDAVIT
STATE OF ________________________
COUNTY OF ______________________
***********************************************************************************************
I, ____________________________(the individual attesting below), being duly authorized by and on behalf of
________________________________ (the entity doing business with the City of Asheville hereinafter "Employer") after first being
duly sworn hereby swears or affirms as follows:
1.
Employer understands that E-Verify is the federal E-Verify program operated by the United States Department of Homeland
Security and other federal agencies, or any successor or equivalent program used to verify the work authorization of newly hired
employees pursuant to federal law in accordance with NCGS §64-25(5).
2.
Employer understands that Employer as defined herein, must use E-Verify. Each Employer, after hiring an employee to work
in the United States, shall verify the work authorization of the employee through E-Verify in accordance with NCGS§64-26(a).
3.
Employer is a person, business entity, or other organization that transacts business in North Carolina and that employs 25 or
more employees in this State. (mark Yes or No)
a. YES _____, or
b. NO _____
4.
Employer's subcontractors comply with E-Verify, and if Employer is contracted with the City of Asheville, Employer will ensure
compliance with E-Verify by any subcontractors subsequently hired by Employer.
This ____ day of _______________, 20_____.
____________________________________________________
Signature of Affiant
Title: _______________________________________________
State of __________________
(Affix Official/Notarial Seal)
County of _______________________
Signed and sworn to (or affirmed) before me, this the _____
day of ________________, 20_____.
______________________________________________________
Notary Public
Print Name: ____________________________________________
My Commission Expires:__________________________________
North Fork Dam Intake Tower and Conduit Repairs
01229-9
ID #01-11-010
SECTION 01230
GENERAL CONDITIONS
TABLE OF CONTENTS
ARTICLE
NUMBER
TITLE
PAGE
1.
Definitions
2
2.
Preliminary Matters
5
3.
Contract Documents: Intent, Amending and Re-use
6
4.
Availability of Lands; Physical Conditions; Reference Points
8
5.
Contractor’s Responsibilities
12
6.
Other Work
25
7.
Owner’s Responsibilities
26
8.
Engineer’s Status During Construction
27
9.
Changes in the Work
30
10.
Change in the Contract Price
32
11.
Change in the Contract Time
37
12.
Insurance and Bonds
37
13.
Warranty and Guarantee; Tests and Inspections
Correction, Removal or Acceptance of Defective Work
42
14.
Payments to Contractor and Completion
45
15.
Suspension of Work and Termination
50
16.
Miscellaneous
54
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ARTICLE 1 - DEFINITIONS
Whenever used in these General Conditions or in the other Contract Documents, the following terms have the
meanings indicated which are applicable to both the singular and plural thereof:
Addenda. Written or graphic instruments issued prior to the opening of Bids which clarify, correct or change
the bidding documents or the Contract Documents.
Agreement or Contract. The written agreement between OWNER and CONTRACTOR covering the Work to
be performed; other Contract Documents are attached to or included in the Agreement and made a part thereof
as provided therein.
Application for Payment. The form accepted by ENGINEER which is to be used by CONTRACTOR in
requesting progress or final payment and which is to include such supporting documentation as is required by
the Contract Documents.
Bid. The offer or proposal of the bidder submitted on the prescribed form setting forth the prices for the Work
to be performed.
Bonds. Bid, performance and payment bonds and other instruments of security.
Change Order. A document recommended by ENGINEER, which is signed by CONTRACTOR and OWNER
and authorizes an addition, deletion or revision in the Work, or an adjustment in the Contract Price or the
Contract Time, issued on or after the Effective Date of the Agreement.
City. The City of Asheville, North Carolina.
Contract Documents. The documents listed and identified as the Contract Documents in the Agreement,
together with all Written Amendments, Change Orders and ENGINEER written interpretations and
clarifications issued pursuant to paragraphs 3.4 and 3.5 of these General Conditions on or after the Effective
Date of the Agreement. Shop Drawing submittals approved pursuant to Article 5 and the reports and drawings
referenced in Article 4 are not Contract Documents.
Contract Price. The monies payable by OWNER to CONTRACTOR under the Contract Documents as stated in
the Agreement (subject to the provisions of paragraph 10.9.1 in the case of Unit Price Work).
Contract Time. The number of days (computed as provided in paragraph 16.2.1) or the date stated in the
Agreement for the completion of the Work.
CONTRACTOR. The person, firm or corporation with whom OWNER has entered into the Agreement.
Defective. An adjective which when modifying the word “Work” refers to Work that is unsatisfactory, faulty or
deficient, or does not conform to the Contract Documents, or does not meet the requirements of any inspection,
reference standard, test or approval referred to in the Contract Documents, or has been damaged prior to
ENGINEER's recommendation of final payment (unless responsibility for the protection thereof has been
assumed by OWNER at Substantial Completion in accordance with paragraph 14.8 or 14.10).
Director. The Director of the Water Resources Department of the City of Asheville, North Carolina, acting for
and on behalf of the City of Asheville.
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Drawings. The drawings which show the character and scope of the Work to be performed and which have been
prepared or approved by ENGINEER which shall be part of the Contract Documents. The DRAWINGS are
further identified for the Project in the Supplementary Conditions.
Effective Date of the Agreement. The date indicated in the Agreement on which it becomes effective, but if no
such date is indicated it means that date on which the Agreement is signed and delivered by the last of the
parties to sign and deliver.
ENGINEER. The person, firm or corporation named as such in the Agreement.
Field Order. A written order issued by ENGINEER which orders minor changes in the Work in accordance
with paragraph 8.5, but which does not involve a change in the Contract Price or the Contract Time.
Laws and Regulations; Laws or Regulations. Laws, rules, regulations, ordinances, codes and/or orders.
Milestone. Annual event specified in the Contract Documents related to an intermediate completion date or
time prior to Substantial Completion of all the Work.
Notice of Award. The written notice by OWNER to the apparent successful bidder stating that upon compliance
by the apparent successful bidder with the conditions precedent enumerated therein, within the time specified,
OWNER will sign and deliver the Agreement.
Notice to Proceed. A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing
the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform
CONTRACTOR's obligations under the Contract Documents.
OWNER. The City of Asheville, a municipal corporation, organized under the laws of the State of North
Carolina.
Partial Utilization. Placing a portion of the Work in service for the purpose for which it is intended (or a related
purpose) before reaching Substantial Completion of all the Work.
Project. The total construction of which the Work to be provided under the Contract Documents may be the
whole, or a part as indicated elsewhere in the Contract Documents.
Resident Project Representative. The authorized representative of ENGINEER who is assigned to the Project
site or any part thereof.
Samples. Physical examples of materials, equipment or workmanship that are representative of some portion of
the Work and which will establish the standards by which such portion of the Work will be judged.
Shop Drawings. All drawings, diagrams illustrations, schedules and other data which are specifically prepared
by or for CONTRACTOR to illustrate some portion of the Work and all illustrations, brochures, standard
schedules, performance charts, instructions, diagrams and other information prepared by a Supplier and
submitted by CONTRACTOR to illustrate material or equipment for some portion of the Work.
Specifications. Those portions of the Contract Documents consisting of written technical descriptions of
materials, equipment, construction systems, standards and workmanship as applied to the Work, and certain
administrative details applicable thereto.
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Subcontractor. An individual, firm or corporation having a direct contract with CONTRACTOR or with any
other Subcontractor for the performance of some part of the Work.
Substantial Completion. The Work (or a specified part thereof) has progressed to the point where, in the opinion
of ENGINEER, as evidenced by ENGINEER'S definitive certificate of Substantial Completion, it is sufficiently
complete, in accordance with the Contract Documents, so that the Work (or specified part) can be utilized for
the purposes for which it is intended; or if there be no such certificate issued, when final payment is due in
accordance with paragraph 14.13. The terms “substantially complete” and “substantially completed” as applied
to any Work refer to Substantial Completion thereof.
Supplementary Conditions. The parts of the Contract Documents which amend or supplement these General
Conditions and which are entitled “Supplementary General Conditions” and “Supplementary Conditions.”
Supplier. A manufacturer, fabricator, supplier, distributor, material man or vendor having a direct contract with
the Contractor or with any Subcontractor to furnish materials or equipment to be incorporated in the Work by
Contractor or any Subcontractor.
Surety. The company or companies named on the Performance Bond and Payment Bond of the Contractor who
is or are bound with the Contractor under the terms and conditions of the Bonds.
Underground Facilities. All pipelines, conduits, ducts, cables, wires, manholes, vaults, tanks, tunnels or other
such facilities or attachments, and any encasements containing such facilities which have been installed
underground to furnish any of the following services or materials; electricity, gases, steam, liquid petroleum
products, telephone or other communications, cable television, sewage and drainage removal, traffic or other
control systems or water.
Unit Price Work. Work to be paid for on the basis of unit prices.
Work. The entire completed construction or the various separately identifiable parts thereof required to be
furnished under the Contract Documents including, without limitation, the services, labor, materials and
equipment provided to accomplish the Work. Work is the result of performing services, furnishing labor and
furnishing and/or incorporating materials and equipment into the construction, all as required by the Contract
Documents.
Work Directive Change. A written directive to CONTRACTOR, issued on or after the Effective Date of the
Agreement and signed by OWNER and recommended by ENGINEER, ordering an addition, deletion or revision
in the Work, or responding to differing or unforeseen physical conditions under which the Work is to be
performed as provided in paragraph 4.2.3 or to emergencies under paragraph 5.24. A Work Directive Change
may not change the Contract Price or the Contract Time; but is evidence that the parties expect that the change
directed or documented by a Work Directive Change will be incorporated in a subsequently issued Change
Order following negotiations by the parties as to its effect, if any, on the Contract Price or Contract Time as
provided in paragraph 9.2.
Written Amendment. A Written Amendment of the Contract Documents, signed by OWNER and
CONTRACTOR on or after the Effective Date of the Agreement and normally dealing with the non-engineering
or non-technical rather than strictly work-related aspects of the Contract Documents.
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ARTICLE 2 - PRELIMINARY MATTERS
Delivery of Bonds:
2.1
When CONTRACTOR delivers the executed Agreement to OWNER, CONTRACTOR shall also
deliver to OWNER such Bonds as CONTRACTOR is required to furnish in accordance with paragraph
12.4.1 and the Certificates of Insurance required to be furnished under paragraph 12.1.3. All Bid Bonds
will be retained by the OWNER until this Agreement is fully executed by the OWNER, after which all
such Bid Bonds will be returned to CONTRACTOR.
Copies of Documents:
2.2
OWNER shall furnish to CONTRACTOR up to five (5) copies (unless otherwise specified in the
Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of
the Work. Additional copies will be furnished, upon request, at the cost of reproduction.
Commencement of Contract Time; Notice to Proceed:
2.3
The Contract Time will commence to run on the thirtieth (30th) day after the Effective Date of the
Agreement, or, if a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A Notice
to Proceed may be given at any time within thirty (30) days after the Effective Date of the Agreement.
Starting the Project:
2.4
CONTRACTOR shall start to perform the Work on the date when the Contract Time commences to run,
but no Work shall be done at the Project site prior to the date on which the Contract Time commences to
run.
Before Starting Construction:
2.5
Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the
Contract Documents and check and verify pertinent figures shown thereon and all applicable field
measurements. CONTRACTOR shall promptly report in writing to ENGINEER any conflict, error or
discrepancy which CONTRACTOR may discover and shall obtain a written interpretation or
clarification from ENGINEER before proceeding with any Work affected thereby; however,
CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report any conflict, error or
discrepancy in the Contract Documents, unless CONTRACTOR had actual knowledge thereof or should
reasonably have known thereof.
2.6
Within twenty (20) days after the Effective Date of the Agreement (unless otherwise specified in the
Supplementary Conditions), CONTRACTOR shall submit to ENGINEER in writing for review and
approval:
2.6.1
An estimated progress schedule with Milestones indicating the starting and completion dates of
the various stages of the Work;
2.6.2
A preliminary schedule of Shop Drawings submissions; and
2.6.3
A preliminary schedule of values for all of the Work which will include quantities and prices of
items aggregating the Contract Price and will subdivide the Work into component parts in
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sufficient detail to serve as the basis for progress payments during construction. Such prices will
include an appropriate amount of overhead and profit applicable to each item of Work which
will be confirmed in writing by CONTRACTOR at the time of submission.
2.7
Before any Work at the Project site is started, CONTRACTOR shall deliver to OWNER, with a copy to
ENGINEER, certificates of insurance (and evidence of insurance requested by OWNER) which
CONTRACTOR is required to purchase and maintain in accordance with paragraph 12.1 and 12.4, and
OWNER shall deliver to CONTRACTOR at CONTRACTOR's written request certificates of insurance
(and other evidence of insurance requested by CONTRACTOR) which OWNER is required to purchase
and maintain in accordance with paragraph 12.3.
Pre-construction Conference:
2.8
Within twenty (20) days after the Effective Date of the Agreement, but before CONTRACTOR starts
the Work at the Project site, the CONTRACTOR shall arrange and hold a conference to be attended by
CONTRACTOR, ENGINEER and others as appropriate to discuss the schedules referred to in
paragraph 2.6, to discuss procedures for handling Shop Drawings and other submittals and for
processing Applications for Payment, and to establish a working understanding among the parties as to
the Work, site safety requirements, ISO 14001 standards, and the ENGINEER shall prepare written
minutes of the conference and distribute the same to the OWNER and CONTRACTOR.
Finalizing Schedules:
2.9
The Engineer’s written approval of the schedules described in paragraph 2.6 shall finalize those
schedules, and they may not be amended without the written approval of the ENGINEER. The finalized
progress schedule will be acceptable to ENGINEER as providing an orderly progression of the Work to
completion within the Contract Time; but such acceptance will neither impose on ENGINEER
responsibility for the progress or scheduling of the Work nor relieve CONTRACTOR from full
responsibility therefore. The finalized schedule of Shop Drawing submission will be acceptable to
ENGINEER as providing a workable arrangement for processing the submissions. The finalized
schedule of values will be acceptable to ENGINEER as to form and substance.
ARTICLE 3 - CONTRACT DOCUMENTS: INTENT, AMENDING, RE-USE
Intent:
3.1
The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR
concerning the Work. The Contract Documents are complementary; what is called for by one is as
binding as if called for by all. The Contract Documents will be construed in accordance with the law of
the State of North Carolina.
3.1.1
3.2
Each and every provision of law and clause required by law to be inserted in the Contract
Documents shall be deemed to be inserted therein, and if through mistake or otherwise, any
such provision is not inserted, or if not correctly inserted, then upon the application of either
party, the Contract Documents shall forthwith be physically amended to make such insertion.
It is the intent of the Contract Documents to describe a functionally complete Project (or part thereof) to
be constructed in accordance with the Contract Documents. Any Work, materials or equipment that may
reasonably be inferred from the Contract Documents as being required to produce the intended result
will be supplied whether or not specifically called for. When words which have a well-known technical
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or trade meaning are used to describe work, materials or equipment, such words shall be interpreted in
accordance with that meaning. Reference to standard specifications, manuals or codes of any technical
society, organization or association, or to the Laws or Regulations of any governmental authority,
whether such reference be specific or by implication, shall mean the latest standard specification,
manual, code or Laws or Regulations 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 be effective to change the duties and
responsibilities of OWNER, CONTRACTOR or ENGINEER, or any of their consultants, agents or
employees from those set forth in the Contract Documents, nor shall it be effective to assign to
ENGINEER or any of ENGINEER's consultants, agents or employees, any duty or authority to
supervise or direct the furnishing or performance of the Work or any duty or authority to undertake
responsibility contrary to the provisions of paragraph 8.15 or 8.16. Clarifications and interpretations of
the Contract Documents shall be issued by ENGINEER as provided in paragraph 8.4.
3.3
If, during the performance of the Work, CONTRACTOR finds a conflict, error or discrepancy or
violation of any Laws or Regulations in the Contract Documents, CONTRACTOR shall so report to
ENGINEER AND OWNER in writing at once and before proceeding with the Work affected thereby
shall obtain a written interpretation or clarification from ENGINEER; however, CONTRACTOR shall
not be liable to OWNER or ENGINEER for failure to report any conflict, error or discrepancy in the
Contract Documents unless CONTRACTOR had actual knowledge thereof or should reasonably have
known thereof.
Amending and Supplementing Contract Documents:
3.4
The Contract Documents may be amended to provide for additions, deletions and revisions in the Work
or to modify the terms and conditions thereof in one or more of the following ways:
3.4.1
A formal Written Amendment;
3.4.2
A Change Order (pursuant to paragraph 9.4); or
3.4.3
A Work Directive Change (pursuant to paragraph 9.1).
As indicated in paragraphs 10.2 and 11.1, Contract Price and Contract Time may only be changed by a
Change Order or a Written Amendment.
3.5
In addition, the requirements of the Contract Documents may be supplemented and minor variations and
deviations in the Work may be authorized, in one or more of the following ways:
3.5.1
A Field Order (pursuant to paragraph 8.5);
3.5.2
ENGINEER's approval of a Shop Drawing or Sample (pursuant to paragraphs 5.25 through
5.29); or
3.5.3
ENGINEER's written interpretation or clarification (pursuant to paragraph 8.4).
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Re-use of Documents:
3.6
Neither CONTRACTOR nor any Subcontractor or Supplier or other person or organization performing
or furnishing any of the Work under a direct or indirect contract with OWNER shall have or acquire any
title to or ownership rights in any of the Drawings, Specifications or other documents (or copies of any
thereof) prepared by or bearing the seal of ENGINEER; and they shall not re-use any of them on
extensions of the Project or any other project without written consent of OWNER and ENGINEER and
specific written verification or adaptation by ENGINEER.
ARTICLE 4 - AVAILABILITY OF LANDS, PHYSICAL CONDITIONS, REFERENCE POINTS
Availability of Lands:
4.1
OWNER shall furnish, as indicated in the Contract Documents, the lands upon which the Work is to be
performed, rights-of-way and easements for access thereto, and such other lands which are designated
for the use of CONTRACTOR. Before undertaking the Work the CONTRACTOR shall be thoroughly
familiar with all the land related to and reasonably necessary to construct the Project, including without
limitation any land necessary to provide access to the Project for construction. CONTRACTOR shall
notify the ENGINEER and the OWNER within a reasonable time prior to performing the Work of all
the lands, rights-of-way and easements necessary for the permanent structures and/or permanent
changes to existing facilities and perpetual access to said structures or facilities. Easements for
permanent structures or permanent changes in existing facilities will be obtained and paid for by
OWNER unless otherwise provided in the Contract Documents. If CONTRACTOR believes that any
delay in OWNER's furnishing these lands, rights-of-way or easements entitles CONTRACTOR to an
extension of the Contract Time, CONTRACTOR may make a claim therefore as provided in Article 11.
CONTRACTOR shall provide at its expense for all additional lands and access thereto that may be
required for temporary construction facilities or storage of materials and equipment.
Physical Conditions:
4.2.1
Explorations and Reports: Reference is made to the Contract Documents for identification of
those reports of explorations and tests of sub-surface conditions at the Project site that have
been utilized by ENGINEER in preparation of the Contract Documents. CONTRACTOR may
rely upon the general accuracy of technical data contained in such reports, but not upon
non-technical data, interpretations or opinions contained therein or for the completeness thereof
for CONTRACTOR's purposes. Except as indicated in the immediately preceding sentence and
in paragraph 4.3.2, CONTRACTOR shall have full responsibility with respect to sub-surface
conditions at the Project site.
4.2.2
Existing Structures: Reference is made to the Supplementary Conditions for identification of
those Drawings of physical conditions in or relating to existing surface and sub-surface
Structures (except Underground Facilities referred to in paragraph 4.3), which are at or
contiguous to the Project site that have been utilized by ENGINEER in preparation of the
Contract Document; CONTRACTOR may rely upon the general accuracy of the technical data
contained in such Drawings; but not upon non-technical data, interpretations, or opinions
contained therein or for the completeness thereof for CONTRACTOR’s purposes. Except as
indicated in the immediately preceding sentence and in paragraph 4.3.2, CONTRACTOR shall
have full responsibility with respect to physical conditions in or relating to such structures.
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4.2.3. Report of Differing Conditions: If CONTRACTOR believes that:
4.2.3.1
Any technical data on which CONTRACTOR is entitled to rely as provided in
paragraphs 4.2.1 and 4.2.2 is inaccurate; or
4.2.3.2
Any physical condition uncovered or revealed at the Project site differs
materially from that indicated, reflected or referred to in the Contract
Documents.
CONTRACTOR shall promptly after becoming aware thereof and before performing any Work in
connection therewith (except in an emergency as permitted by paragraph 5.24), notify OWNER and
ENGINEER in writing about the inaccuracy or difference.
4.2.4
ENGINEER's Review: ENGINEER will promptly review the pertinent conditions, determine
the necessity of obtaining additional explorations or tests with respect thereto and advise
OWNER, in writing (with a copy to CONTRACTOR), of ENGINEER's findings and
conclusions.
4.2.5
Possible Documents Change: If ENGINEER concludes that there is a material error in the
Contract Documents or that because of newly discovered conditions a change in the Contract
Documents is required, a Work Directive Change or a Change Order will be issued as provided
in Article 9 to reflect and document the consequences of the inaccuracy or difference.
4.2.6
Possible Price and Time Adjustment: In each such case, an increase or decrease in the Contract
Price or an extension or shortening of the Contract Time, or any combination thereof, will be
allowable to the extent that they are attributable to any such inaccuracy or difference. If
OWNER and CONTRACTOR are unable to agree as to the amount or length thereof, a claim
may be made therefore as provided in Articles 10 and 11. However, OWNER, ENGINEER and
ENGINEER’s Consultants shall not be liable to CONTRACTOR for any claims, costs, losses,
or damages ascertained by CONTRACTOR or in connection with any other project or
anticipated project.
4.2.7
CONTRACTOR shall not be entitled to any adjustment in the Contract Price or Time if:
4.2.7.1 CONTRACTOR knew of the existence of such conditions at the time Contractor made
a final commitment to OWNER in respect of Contract Price and Contract Time by the
submission of a Bid or becoming bound under the Agreement; or
4.2.7.2 The existence of such condition could reasonably have been discovered or revealed as a
result of any examination, investigation, exploration, test or study of the Project site, or
contiguous areas required by the Contract Documents to be conducted by or for the
CONTRACTOR prior to CONTRACTOR’s making such final commitment; or
4.2.7.3 CONTRACTOR failed to give the written notice within the time and as required by
paragraph 4.2.3 of these General Conditions.
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Physical Conditions - Underground Facilities:
4.3.1
Shown or Indicated: The information and data shown or indicated in the Contract Documents
with respect to existing Underground Facilities at or contiguous to the Project site is based on
information and data furnished to OWNER or ENGINEER by the owners of such Underground
Facilities or by others. Unless it is otherwise expressly provided in the Supplementary
Conditions:
4.3.1.1 OWNER and ENGINEER shall not be responsible for the accuracy or completeness of
any such information or data; and
4.3.1.2 CONTRACTOR shall have full responsibility for reviewing and checking all such
information and data, for locating all Underground Facilities shown or indicated in the
Contract Documents, for coordination of the Work with the owners of such
Underground Facilities during construction, for the safety and protection thereof as
provided in paragraph 5.22 and repairing any damage thereto resulting from the Work,
the cost of all of which will be considered as having been included in the Contract
Price.
4.3.1.3 In ascertaining the existence and location of Underground Facilities, CONTRACTOR
shall comply with the North Carolina One Call Program as such program is then in
effect.
4.3.2
Not Shown or Indicated: If an Underground Facility is uncovered or revealed at or contiguous
to the Project site which was not shown or indicated in the Contract Documents, and which
CONTRACTOR could not reasonably have been expected to be aware of, CONTRACTOR
shall, promptly after becoming aware thereof and before performing any Work affected thereby
(except in an emergency as permitted by paragraph 5.24), identify the owner of such
Underground Facility and give written notice thereof to that owner and to OWNER and
ENGINEER. ENGINEER will promptly review the Underground Facility to determine the
extent to which the Contract Documents should be modified to reflect and document the
consequences of the existence of the Underground Facility, and the Contract Documents will be
amended or supplemented to the extent necessary. During such time, CONTRACTOR shall be
responsible for the safety and protection of such Underground Facility as provided in paragraph
5.22. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the
Contract Time, or both to the extent that they are attributable to the existence of any
Underground Facility that was not shown or indicated in the Contract Documents and which
CONTRACTOR could not reasonably have been expected to be aware of. If the parties are
unable to agree as to the amount or length thereof, CONTRACTOR may make a claim therefore
as provided in Articles 10 and 11. However, OWNER, ENGINEER and ENGINEER’s
Consultants shall not be liable to CONTRACTOR for any claims, costs, losses or damages
sustained by CONTRACTOR or in connection with any other project or anticipated project.
Reference Points:
4.4
ENGINEER shall provide engineering surveys to establish reference points for construction which in
ENGINEER's judgment are necessary to enable CONTRACTOR to proceed with the Work.
CONTRACTOR shall be responsible for laying out the Work (unless otherwise specified in the General
Requirements), shall protect and preserve the established reference points and shall make no changes or
relocations without the prior written approval of ENGINEER. CONTRACTOR shall report to
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ENGINEER whenever any reference point is lost or destroyed or requires relocation because of
necessary changes in grades or locations, and shall be responsible for the accurate replacement or
relocation of such reference points by professionally qualified personnel at CONTRACTOR’s expense.
4.4.1
ENGINEER may check the lines, elevations, reference marks, batter boards, etc., set by
CONTRACTOR, and CONTRACTOR shall correct any errors. Such a check shall not be
approval of the Work and shall not relieve CONTRACTOR of the responsibility for accurate
construction of the Work. CONTRACTOR shall furnish personnel to assist ENGINEER in
checking lines and grades.
Cooperation with Utility Owners:
4.5
Prior to the beginning of construction, the Contractor will notify all utility owners known to have
facilities affected by the construction of the Project and will make arrangements for the necessary
adjustments of all affected public or private utility facilities. The utility adjustments may be made either
before or after the beginning of construction of the Project. The adjustments will be made by the utility
owner or his representative or by the Contractor when such adjustments are part of the Work.
4.5.1
During construction, the Contractor shall be responsible for making all necessary arrangements
with each utility owner having utilities encountered in the Work in order that such items may be
properly shored, supported and protected, or adjusted as required.
4.5.2
The Contractor shall use special care in working around and near all existing utilities that are
encountered during construction, protecting them where necessary so that they will give
uninterrupted service.
4.5.3
The Contractor shall cooperate with the utility owner, and/or the utility owner’s representative
in the adjustment or placement of utility facilities when such adjustment or placement is made
necessary by the construction of the Project or has been authorized by the ENGINEER.
4.5.4
In the event that utility services are interrupted by the Contractor, the Contractor shall promptly
notify the owner of each utility affected and shall cooperate with the owner and/or the owner’s
representative in the restoration of service in the shortest time possible. The Contractor shall
bear all costs of restoring to service all utilities disturbed by its operations.
4.5.5
Existing fire hydrants shall be kept accessible to fire departments at all times.
4.5.6
No additional compensation will be allowed for delays, inconvenience, or damage sustained by
the Contractor due to any interference from said utility facilities or the moving of them and any
such delay inconvenience, or damage shall not constitute a changed condition.
4.5.7
Where changes to utility facilities are to be made solely for the convenience of the Contractor, it
shall be the Contractor’s responsibility to arrange for such changes and the Contractor shall bear
all costs of such changes.
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ARTICLE 5 - CONTRACTOR'S RESPONSIBILITIES
Supervision and Superintendence:
5.1
CONTRACTOR shall supervise and direct the Work competently and efficiently, devoting such
attention thereto and applying such skills and expertise as may be necessary to perform the Work in
accordance with the Contract Documents. CONTRACTOR shall be solely responsible for the means,
methods, techniques, sequences and procedures of construction; but CONTRACTOR shall not be
responsible for the negligence of others in the design or selection of specific means, method, technique,
sequence or procedure of construction which is indicated in and required by the Contract Documents.
CONTRACTOR shall be responsible to see that the finished Work complies accurately with the
Contract Documents.
5.1.1
CONTRACTOR shall meet with the OWNER and ENGINEER as they shall reasonably request
but at least once per month, at a date, time and location to be selected by ENGINEER to review
the progress of the Work and address any issues or problems regarding the Work or the Contract
Documents. The ENGINEER shall prepare minutes of each meeting and shall distribute the
minutes to CONTRACTOR and OWNER. At each meeting the CONTRACTOR shall provide
the OWNER and ENGINEER with a written update of the approved schedules described in
Paragraph 2.6 specifically stating portions of the Work that are proceeding as scheduled, behind
schedule or ahead of schedule. For any portion of the Work that is behind the approved
schedule, the CONTRACTOR shall furnish OWNER and ENGINEER with a reasonable
written plan with Milestones to bring that portion of the Work on schedule.
5.2
CONTRACTOR shall keep on the Work at all times during its progress a competent resident
superintendent, who shall not be replaced without written notice to OWNER and ENGINEER except
under extraordinary circumstances. The superintendent will be CONTRACTOR's representative at the
Project site and shall have authority to act on behalf of CONTRACTOR. All communications given to
the superintendent shall be as binding as if given to CONTRACTOR.
5.3
CONTRACTOR shall provide a drug-free workplace during the performance of the Work in accordance
with the City’s policy. CONTRACTOR shall comply with the City’s Minority Business Policies as set
forth in the Invitation for Bids and as represented by CONTRACTOR in the documentation submitted
by CONTRACTOR for the Awarding of the Bid.
Labor, Materials and Equipment:
5.4
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 Project site. Except in connection with the safety or protection
of persons or the Work or property at the Project site or adjacent thereto, and except as otherwise
indicated in the Contract Documents, all Work at the Project site shall be performed during regular
working hours, and CONTRACTOR will not permit overtime work or the performance of Work on
Saturday, Sunday or any legal holiday without OWNER's written consent given after prior written
notice to ENGINEER.
5.4.1
Regular working hours are defined as eight (8) hours per day, Monday through Friday,
excluding holidays, between the hours of 7:30 AM and 4:00 PM. Requests to work other than
regular working hours shall be submitted in writing to ENGINEER and OWNER not less than
48 hours prior to any proposed weekend work or scheduled extended work week. Occasional
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unscheduled overtime on weekdays may be permitted provided two (2) hours notice is given to
ENGINEER.
5.4.2
CONTRACTOR shall reimburse the OWNER for additional engineering and/or inspection costs
incurred by OWNER and ENGINEER as a result of overtime work in excess of the regular
working hours stipulated above. At OWNER’s option, overtime costs may either be deducted
from the CONTRACTOR’s monthly payment request or deducted from the CONTRACTOR’s
retention prior to release of final payment. Overtime costs for the OWNER’s personnel shall be
based on the individual’s current overtime wage rate. Overtime costs for personnel employed
by the ENGINEER shall be calculated in accordance with its contract with the OWNER.
5.4.3
CONTRACTOR shall employ only competent persons to do the Work and whenever OWNER
shall notify CONTRACTOR, in writing, that any person on the Work appears to be
incompetent, disorderly, or otherwise unsatisfactory, such person shall be removed from the
Project and shall not again be employed to perform the Work except with the written consent of
OWNER.
5.5
Unless otherwise specified in the Supplemental Conditions, CONTRACTOR shall furnish and assume
full responsibility for all materials, equipment, labor, transportation, construction equipment and
machinery, tools, appliances, fuel, electric power, light, heat, telephone, water, sanitary facilities,
temporary facilities and all other facilities and incidentals necessary for the furnishing, performance,
testings, start-up, protection and completion of the Work. CONTRACTOR shall be responsible for
providing reasonable and adequate sanitary facilities for use by all persons employed on the Work in
compliance with all Laws and Regulations, and which shall not endanger or be likely to endanger the
public water supply or private wells.
5.6
All materials and equipment shall be of good quality and new, except as otherwise provided in the
Contract Documents. If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence
(including reports of required tests) as to the kind and quality of materials and equipment. All materials
and equipment shall be applied, installed, connected, erected, used, cleansed and conditioned in
accordance with the instructions of the applicable Supplier except as otherwise provided in the Contract
Documents; but no provision or any such instructions will be effective to assign to ENGINEER or any
of ENGINEER's consultants, agents or employees, any duty or authority to supervise or direct the
furnishing or performance of the Work or any duty or authority to undertake responsibility contrary to
the provisions of paragraph 8.15 or 8.16. All warranties and guaranties specifically called for in the
Contract Documents shall expressly run to the benefit of the OWNER.
Adjusting Progress Schedule:
5.7
CONTRACTOR shall submit to ENGINEER for acceptance and approval (to the extent indicated in
paragraph 2.9) adjustments in the progress schedule to reflect the impact thereon of new developments;
if approved by ENGINEER, these adjustments will conform generally to the progress schedule then in
effect and additionally will comply with any provisions of the Contract Documents applicable thereto.
Approval of these adjustments shall be in the absolute discretion of Engineer.
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Substitutes or "Or-Equal" Items:
5.8
Whenever materials or equipment are specified or described in the Contract Documents by using the
name of a proprietary item or the name of a particular Supplier, the Specification or description is
intended to establish the type, function and quality required. Unless the name is followed by words
indicating that substitution is not permitted, materials or equipment of other Suppliers may be accepted
by ENGINEER if sufficient information is submitted by CONTRACTOR to allow ENGINEER to
determine that the material or equipment proposed is equivalent or equal to that named.
5.8.1
The procedure for review by ENGINEER will include the following as supplemented in the
Contract Documents. Requests for review of substitute items of material and equipment will 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 adequately the functions and achieve the results called for by the general design,
be similar and of equal substance to that specified and be suited to the same use as that
specified. The application will state that the evaluation and acceptance of the proposed
substitute will not prejudice CONTRACTOR's achievement of Substantial Completion on time,
whether or not acceptance of the substitute for use in the Work will require a change in any of
the Contract Documents (or in the provisions of any other direct contract with OWNER for
work on the Project) to adapt the design to the proposed 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 will 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 re-design 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.
5.8.2
If a specific means, method, technique, sequence or procedure of construction is indicated in or
required by the Contract Documents, CONTRACTOR may furnish or utilize a substitute means,
method, sequence, technique or procedure or construction acceptable to ENGINEER if
CONTRACTOR submits sufficient information to allow ENGINEER to determine that the
substitute proposed is equivalent to that indicated or required by the Contract Documents. The
procedure for review by ENGINEER will be similar to that provided in paragraph 5.8.1 as
applied by ENGINEER and as may be supplemented in the Supplementary General Conditions.
5.8.3
ENGINEER will be allowed a reasonable time within which to evaluate each proposed
substitute. ENGINEER will be the sole judge of acceptability, and no substitute will be
ordered, installed or utilized without ENGINEER's prior written acceptance which will be
evidenced by either a Change Order or an approved Shop Drawing. OWNER may require
CONTRACTOR to furnish at CONTRACTOR's expense a special performance guarantee or
other Surety with respect to any substitute. ENGINEER will record time required by
ENGINEER and ENGINEER's consultants in evaluating substitutions proposed by
CONTRACTOR and in making changes in the Contract Documents 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 each
proposed substitute.
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Concerning Subcontractors, Suppliers and Others:
5.9.1
CONTRACTOR shall not employ any Subcontractor, Supplier or other person or organization
(including those acceptable to OWNER and ENGINEER as indicated in paragraph 5.9.2).
whether initially or as a substitute, against whom OWNER or ENGINEER may have reasonable
objection. CONTRACTOR shall not be required to employ any Subcontractor, Supplier or other
person or organization to furnish or perform any of the Work against whom CONTRACTOR
has reasonable objection. Acceptance of any Subcontractor, other person or organization by
OWNER shall not constitute a waiver of any right of OWNER to reject Defective Work, or
enforce the provision of the Contract Documents regarding Contract Time or Contract Price.
5.9.2
If the Contract Documents require the identity of certain Subcontractors, Suppliers or other
persons or organizations (including those who are to furnish the principal items of materials and
equipment) to be submitted to OWNER in advance of a specified date or prior to the Effective
Date of the Agreement for acceptance by OWNER and ENGINEER, and if CONTRACTOR
has submitted a list thereof in accordance with the Contract Documents, OWNER's or
ENGINEER's acceptance (either in writing or by failing to make written objection thereto by
the date indicated for acceptance or objection in the bidding documents or the Contract
Documents) of any such Subcontractor, Supplier or other person or organization so identified
may be revoked on the basis of reasonable objection after due investigation, in which case
CONTRACTOR shall submit an acceptable substitute. The Contract Price will be increased by
the difference in the cost occasioned by such substitution and an appropriate Change Order will
be issued or Written Amendment signed. No acceptance by OWNER or ENGINEER of any
such Subcontractor, Supplier or other person or organization shall constitute a waiver of any
right of OWNER or ENGINEER to reject Defective Work.
5.10
CONTRACTOR shall be fully responsible to OWNER and ENGINEER for all acts and omissions of
the Subcontractors, Suppliers and other persons and organizations performing or furnishing any of the
Work under a direct or indirect contract with CONTRACTOR just as CONTRACTOR is responsible for
CONTRACTOR's own acts and omissions. Nothing in the Contract Documents shall create any
contractual relationship between OWNER or ENGINEER and any such Subcontractor, Supplier or other
person or organization, nor shall it create any obligation on the part of OWNER or ENGINEER to see to
the payment of any monies due any such Subcontractor, Supplier or other person or organization except
as may otherwise be required by Laws and Regulations. OWNER or ENGINEER may furnish to any
such Subcontractor, Supplier or other person or organization, to the extent practicable, information
about amounts paid on their behalf to CONTRACTOR in accordance with CONTRACTOR’s
Applications for Payment.
5.11
The divisions and sections of the Specifications and the identifications of any Drawings shall not control
CONTRACTOR in dividing the Work among Subcontractors or Suppliers, or delineating the Work to
be performed by any specific trade.
5.12
All Work performed for CONTRACTOR by a Subcontractor or Supplier will be pursuant to an
appropriate written agreement between CONTRACTOR and the Subcontractor or Supplier which
specifically binds the Subcontractor or Supplier to the applicable terms and conditions of the Contract
Documents for the benefit of OWNER and ENGINEER
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Patent Fees and Royalties:
5.13
CONTRACTOR shall pay all license fees and royalties and assume all costs incident to the use in the
performance of the Work or the incorporation in the Work of any invention, design, process, product or
device which is the subject of patent rights or copyrights held by others. If a particular invention, design,
process, product or device is specified in the Contract Documents for use in the performance of the
Work and if to the actual knowledge of OWNER or ENGINEER its use is subject to patent rights or
copyrights calling for the payment of any license fee or royalty to others, the existence of such rights
shall be disclosed by OWNER in the Contract Documents. 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 and court costs) arising
out of any infringement of patent rights or copyrights incident to the performance of the Work or
resulting from the incorporation in the Work of any invention, design, process, product or device not
specified in the Contract Documents, and shall defend all such claims in connection with any alleged
infringement of such rights.
Permits:
5.14
Unless otherwise provided in the Supplementary General Conditions, CONTRACTOR shall obtain and
pay for all construction and other necessary permits and licenses. OWNER shall assist CONTRACTOR,
when necessary, in obtaining such permits and licenses. CONTRACTOR shall pay all governmental
charges and inspection fees necessary for the prosecution of the Work, which are applicable at the time
of opening of Bids, or if there are no Bids, then on the Effective Date of the Agreement.
CONTRACTOR shall pay all fees and charges incidental to the lawful execution of the Work including,
the charges of utility owners for connection to the Work and OWNER shall pay all charges of such
utility owners for capital costs related thereto such as plant investment fees.
Laws and Regulations:
5.15.1 CONTRACTOR shall give all notices and comply with all Laws and Regulations applicable to
furnishing and performance of the Work. Except where otherwise expressly required by
applicable Laws and Regulations, neither OWNER nor ENGINEER shall be responsible for
monitoring CONTRACTOR's compliance with any Laws or Regulations.
5.15.2 If CONTRACTOR observes that the Specifications or Drawings are at variance with any Laws
or Regulations, CONTRACTOR shall give ENGINEER prompt written notice thereof, and any
necessary changes will be authorized by one of the methods indicated in paragraph 3.4. If
CONTRACTOR performs any Work knowing or having reason to know that it is contrary to
such Laws or Regulations, and without such notice to ENGINEER, CONTRACTOR shall bear
all costs arising therefrom; however, it shall not be CONTRACTOR's primary responsibility to
make certain that the Specifications and Drawings are in accordance with such Laws and
Regulations.
Taxes:
5.16
CONTRACTOR shall pay all sales, consumer, use and other similar taxes required to be paid by
CONTRACTOR in accordance with the Laws and Regulations of the place of the Project which are
applicable during the performance of the Work.
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5.16.1 With each partial payment request submitted at the end of a calendar month, fiscal year or final
payment, CONTRACTOR shall furnish a certified and notarized statement setting forth the cost
of the property purchased from each vendor and the amount of sales and/or use tax paid with
respect to each item of property purchased. Tax Statements shall be submitted on the forms
provided by OWNER. In the event CONTRACTOR makes several purchases from the same
vendor, such certified statements must indicate the invoice numbers, the inclusive dates of the
invoices, the total amount of the invoices, and the sales and use taxes paid thereon. Such
statement must include the cost of any tangible personal property withdrawn from
CONTRACTOR’s warehouse stock and the amount of sales or use tax paid thereon by
CONTRACTOR. Similar certified statements by its Subcontractors must be obtained by the
CONTRACTOR and furnished to OWNER. If no tax has been paid during the pay request
period, “NONE” shall be entered on the tax form. With CONTRACTOR’s request for Final
Payment, the CONTRACTOR shall submit a listing, by invoice and vendor, of all sales taxes
paid on materials incorporated into the Work. The listing shall be accompanied by copies of
invoices.
Use of Premises:
5.17
CONTRACTOR shall confine construction equipment, the storage of materials and equipment and the
operations of workers to the Project site and land and areas identified in and permitted by Laws and
Regulations, rights-of-way, permits and easements, and shall not unreasonably encumber the premises
with construction equipment or other materials or equipment. CONTRACTOR shall assume full
responsibility for any damage to any such land or area, or to the owner or occupant thereof or of any
land or areas not part of the Project site, resulting from the performance of the Work. Should any claim
be made against OWNER or ENGINEER by any such owner or occupant because of the performance of
the Work, CONTRACTOR shall promptly attempt to settle with such other party by agreement or
otherwise resolve the claim at law. CONTRACTOR shall, to the fullest extent permitted by Laws and
Regulations, indemnify and hold OWNER and ENGINEER harmless from and against all claims,
damages, losses and expenses (including, but not limited to, fees of engineers, architects, attorneys and
other professionals and court costs) arising directly, indirectly or consequently out of any action, legal
or equitable, brought by any such other party against OWNER or ENGINEER to the extent based on a
claim arising out of CONTRACTOR's performance of the Work.
5.18
During the progress of the Work, CONTRACTOR shall keep the Project site and any other area affected
by the Work free from accumulations of waste materials, rubbish and other debris resulting from the
Work. At the completion of the Work CONTRACTOR shall remove all waste materials, rubbish and
debris from and about the Project site and any other area affected by the Work as well as all tools,
appliances, construction equipment and machinery, and surplus materials, and shall leave the Project
site and any other area affected by the Work clean and ready for use and/or occupancy by OWNER, or
by the applicable owner. CONTRACTOR shall restore to original condition all property not designated
for alteration by the Contract Documents. Whenever the CONTRACTOR neglects his responsibilities
as set forth in this Section, or neglects the repairing of streets, roadways, passageways or areas, or the
repairing of fences or damages, the ENGINEER will give notice to that effect to the CONTRACTOR,
and if the CONTRACTOR does not at once take steps to correct the neglected situation, the OWNER
may do so, and the expense thereby incurred shall be the CONTRACTOR’s obligation and, in addition
to the OWNER’s other legal rights, the OWNER may deduct the same from any monies due or that may
become due to the CONTRACTOR. If a dispute arises between the separate Contractors as to their
responsibilities for cleaning up, etc., as required above, the OWNER may do such work as it deems
appropriate and charge the cost thereof to the several Contractors as it shall determine to be just.
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5.19
CONTRACTOR shall not load nor permit any part of any structure to be loaded in any manner that will
endanger the structure, nor shall CONTRACTOR subject any part of the Work or adjacent property to
stresses or pressures that will endanger it.
5.20
The CONTRACTOR shall be responsible for identifying and for properly disposing in accordance with
all applicable Laws and Regulations all waste materials, rubbish and debris, including, without
limitation, all hazardous materials that are located on or under the Project site.
Record Documents:
5.21
CONTRACTOR shall maintain in a safe place at the Project site one (1) record copy of all Drawings,
Specifications, Addenda, Written Amendments, Change Orders, Work Directive Changes, Field Orders
and written interpretations and clarifications (issued pursuant to paragraph 8.4) in good order, current
and annotated to show all changes made during construction. These record documents together with all
approved Samples and a counterpart of all approved Shop Drawings will be available to ENGINEER
and/or the Director for reference at all times during the performance of the Work. Upon completion of
the Work, these record documents, Samples and Shop Drawings will be delivered to ENGINEER for
OWNER.
Safety and Protection:
5.22
CONTRACTOR acknowledges that the OWNER and ENGINEER have no expertise, training or
knowledge concerning job site safety, and the CONTRACTOR shall be solely responsible for initiating,
maintaining and supervising all safety precautions and programs in connection with the Work, and
neither the OWNER nor the ENGINEER shall have any responsibility therefore. CONTRACTOR shall
take all necessary precautions for the safety of, and shall provide the necessary protection to prevent
damage, injury or loss to:
5.22.1 All employees on the Work and other persons and organizations who may be affected thereby
(including, without limitation, employees of the OWNER, ENGINEER or City);
5.22.2 All the Work and materials and equipment to be incorporated therein, whether in storage on or
off the Project site; and
5.22.3 Other property at the Project site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, utilities and Underground Facilities not designated for
removal, relocation or replacement in the course of construction.
CONTRACTOR shall comply with all applicable Laws and Regulations of any public body having
jurisdiction for the safety of persons or property or to protect them from damage, injury or loss; and
shall erect and maintain all necessary safeguards for such safety and protection. In addition,
CONTRACTOR shall comply with all applicable recommendations of the Manual of Accident
Prevention in Construction of the Associated General Contractors of America, Inc. The
CONTRACTOR shall also comply with the Department of Labor Safety and Health Regulations for
Construction promulgated under the Occupational Safety and Health Act of 1970, as amended, and
under Section 107 of the Contract Work Hours and Safety Standards Act (1L 91-54). CONTRACTOR
shall notify owners of adjacent property and of Underground Facilities and utility owners when
prosecution of the Work may affect them, and shall cooperate with them in the protection, removal,
relocation and replacement of their property. All damage, injury or loss to any property referred to in
paragraph 5.22.2 or 5.22.3 caused, directly or indirectly, in whole or in part, by CONTRACTOR, any
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Subcontractor, Supplier or any other person or organization directly or indirectly employed by any of
them to perform or furnish any of the Work or anyone for those acts any of them may be liable, shall be
remedied by CONTRACTOR (except damage or loss solely attributable to the fault of Drawings or
Specifications or to the acts or omissions of OWNER or ENGINEER or anyone employed by either of
them or 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 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 in accordance with
paragraph 14.13 that the Work is acceptable (except as otherwise expressly provided in connection with
Substantial Completion). The CONTRACTOR shall maintain and strictly enforce specific written
company policies no less stringent than all applicable Laws and Regulations during all phases of the
Work with regard to the following especially hazardous areas: (1) Trenching and Shoring; (2) Confined
Space Entry; (3) “Lock-Out/Tag”; and (4) “Hot Work” Permitting. A copy of these written policies
shall be made available to the OWNER for review upon request. The CONTRACTOR shall enforce
these policies against the CONTRACTOR’s employees, its subcontractor’s employees, and other
persons on the project site at all times.
5.23
CONTRACTOR shall designate a qualified and experienced representative at the Project site whose
duty shall be the prevention of accidents and the maintaining and supervising of safety precautions and
programs. This person shall be CONTRACTOR's superintendent unless otherwise designated in writing
by CONTRACTOR to OWNER.
Emergencies:
5.24
In emergencies affecting the safety or protection of persons or the Work or property at the Project site or
outside the Project site as related to the Work, CONTRACTOR, without special instruction or
authorization from ENGINEER or OWNER, is obligated to act to prevent threatened damage, injury or
loss, and CONTRACTOR shall give ENGINEER prompt written notice if CONTRACTOR believes
that any significant changes in the Work or variations from the Contract Documents have been caused
thereby. If ENGINEER determines that a change in the Contract Documents is required because of the
action taken in response to an emergency, a Work Directive Change or Change Order will be issued to
document the consequences of the changes or variations.
Shop Drawings and Samples:
5.25
After checking and verifying all field measurements and after complying with applicable procedures
specified in the Contract Documents, CONTRACTOR shall submit to ENGINEER for review and
approval in accordance with the accepted schedule of Shop Drawing submissions (see paragraph 2.9) or
(or other appropriate action if so indicated in the Supplementary Conditions), five (5) copies (unless
otherwise specified in the Supplementary Conditions) of all Shop Drawings. which will bear a stamp or
specific written indication that CONTRACTOR has satisfied CONTRACTOR's responsibilities under
the Contract Documents with respect to the review of the submission. All submissions will be identified
as ENGINEER may require. The data shown on the Shop Drawings will be complete with respect to
quantities, dimensions, specified performance and design criteria, materials and similar data to enable
ENGINEER to review the information as required.
5.26
CONTRACTOR shall also submit to ENGINEER for review and approval, with such promptness as to
cause no delay in Work, all Samples required by the Contract Documents. All Samples will have been
checked by and accompanied by a specific written indication that CONTRACTOR has satisfied
CONTRACTOR's responsibilities under the Contract Documents with respect to the review of the
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submission and will be identified clearly as to material, Supplier, pertinent data such as catalog numbers
and the use for which intended.
5.26.1 Before submission of each Shop Drawing or Sample, CONTRACTOR shall have determined
and verified all field dimensions, quantities, dimensions, specified performance criteria,
installation requirements, materials, catalog numbers and similar data with respect thereto and
reviewed or coordinated each Shop Drawing or Sample with other Shop Drawings and Samples
and with the requirements of the Work and the Contract Documents.
5.26.2 At the time of each submission, CONTRACTOR shall give ENGINEER specific written notice
of each variation that the Shop Drawings or Samples may have from the requirements of the
Contract Documents, and in addition, shall cause a specific notation to be made on each Shop
Drawing submitted to ENGINEER for review and approval of each such variation.
5.27
ENGINEER will review and approve with reasonable promptness Shop Drawings and Samples; but
ENGINEER's review and approval will 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, techniques, sequences or procedures of construction (except where specific means,
method, technique, sequence or procedure of construction is indicated in or required by the Contract
Documents) or to safety precautions or programs incident thereto. The review and approval of a separate
item as such will not indicate approval of the assembly in which the item functions. CONTRACTOR
shall make corrections required by ENGINEER and shall return the required number of corrected copies
of Shop Drawings and submit as required new Samples for review and approval. CONTRACTOR shall
direct specific attention in writing to revisions other than the corrections called for by ENGINEER on
previous submittals.
5.28
ENGINEER's review and approval of Shop Drawings or Samples shall not relieve CONTRACTOR
from responsibility for any variation from the requirements of the Contract Documents unless
CONTRACTOR has in writing called ENGINEER’s attention to each such variation at the time of
submission and ENGINEER has given written approval of each such variation by a specific written
notation thereof incorporated in or accompanying the Shop Drawing or Sample approval; nor will any
approval by ENGINEER relieve CONTRACTOR from responsibility for errors or omissions in the
Shop Drawings.
5.29
Where a Shop Drawing or Sample is required by the Contract Documents, any related Work performed
prior to ENGINEER's review and approval of the pertinent submission will be the sole expense and
responsibility of CONTRACTOR.
Continuing the Work:
5.30
CONTRACTOR shall carry on the Work and adhere to the progress schedule during all disputes or
disagreements with OWNER. No Work shall be delayed or postponed pending resolution of any
disputes or disagreements, except as permitted by paragraph 15.5 or as CONTRACTOR and OWNER
may otherwise agree in writing.
Indemnification:
5.31
To the fullest extent permitted by Laws and Regulations, the CONTRACTOR shall indemnify and hold
harmless the OWNER, the City, and ENGINEER, their officers, employees. agents and consultants
from and against all claims, damages, lawsuits and expenses, direct, indirect or consequential
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(including, but not limited to, fees and charges of engineers, architects, attorneys and other professionals
and court costs) arising out of or resulting from the performance of the Work, provided that any such
claim, damage, loss or expense (a) is attributable to bodily injury, sickness, disease or death, or to injury
to or destruction of tangible or intangible property, including the loss of use resulting therefrom and (b)
is caused solely by any negligent act or omission of the CONTRACTOR and/or 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. In the event
any portion of this paragraph is determined to be void, then this paragraph shall be deemed modified
and/or deleted to comply with all applicable Laws and Regulations, including, without limitation, North
Carolina Gen. Stat. Sec. 22B-l.
5.32
In any and all claims against OWNER or ENGINEER or any of their consultants, agents or employees
by any employee of CONTRACTOR, any Subcontractor, any person or organization directly or
indirectly employed by any of them to perform or furnish any of the Work or anyone for whose acts any
of them may be liable, the indemnification obligation under paragraph 5.31 or in the Supplementary
Conditions shall not be limited in any way by any limitation on the amount or type of damages,
compensation or benefits payable by or for CONTRACTOR or any such Subcontractor or other person
or organization under workers or workmen's compensation acts, disability benefit acts or other
employee benefit acts.
Public Convenience and Safety:
5.33
The CONTRACTOR shall provide continuous, safe access to all property, both public and private,
affected by the Work and shall conduct the Work in such a manner that there is minimal inconvenience
to property owners contiguous to the Project site.
The CONTRACTOR shall, at its expense, provide for and maintain the flow of all sewers, drains, house
or inlet connections, water transmission lines and all water-courses which may be met with during the
progress of the Work. The CONTRACTOR shall not allow the contents of any sewer, drain or house
inlet connection to flow into trenches, sewers, or other structures to be constructed under the Contract
and shall, at CONTRACTOR’S sole expense, immediately remove and cart away from the vicinity of
the Work all offensive matter.
The CONTRACTOR shall, at its own expense, provide for and maintain the flow in all water mains or
laterals which may be met with during the progress of the Work. When water mains or laterals are to be
disturbed to the extent that transmission of water will be reduced or shut off, the ENGINEER, the
Director, and the superintendent of any other water utility affected and all parties being served by the
lines involved shall be notified in writing a minimum of seventy-two (72) hours in advance, giving them
time and duration of the shut-off period. The CONTRACTOR shall first obtain prior written approval of
the Director before reducing or stopping the transmission of water.
If the Work affects fire hydrants, the fire department shall be so notified by CONTRACTOR in writing.
In the case of a water line break resulting from the Work, the Director shall be notified immediately, and
CONTRACTOR’s repair of such break shall have priority over all other operations. All persons whose
services are affected by the break shall be notified at once and all assistance given to supply emergency
water where necessary by temporary lines, tank truck, or other means. The CONTRACTOR shall have
the obligation at its expense to assure that all water, gas, electric and sewer connections serving private
or public property shall be maintained and if disconnected, promptly and correctly restored. Reasonable
access to fire hydrants and other fire extinguishing equipment shall be maintained at all times.
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Use of Explosives:
5.34
When the use of explosives is necessary for the prosecution of the Work, the CONTRACTOR shall
exercise the utmost care not to endanger life or property. The CONTRACTOR shall be responsible for
any and all damage or injury to persons or property resulting from the use of explosives. Such
responsibility shall include, but shall in no way be limited to all damages arising from all forms of
trespass to adjacent property as a result of blasting by the Contractor.
5.34.1 All explosives shall be stored in a secure manner, in compliance with all Laws and Regulations,
and all such storage places shall be marked clearly “DANGEROUS EXPLOSIVES”.
5.34.2 The CONTRACTOR shall provide written notice to each utility owner having facilities in close
proximity to the site of the Work of CONTRACTOR’s intention to use explosives. This notice
shall be given sufficiently in advance to enable each utility owner to take whatever steps they
may consider necessary to protect their property from injury. The CONTRACTOR shall also
give the Director, all occupants of adjacent property, and all other contractors working in or
near the Project notice of its intention to use explosives at least seventy-two (72) hours before
their use. The Director may prohibit the use of explosives on the Project or on portions of the
Project.
Traffic Control:
5.35
The CONTRACTOR will be required to maintain through and local traffic affected or which may be
affected by the Work, including all existing roads and streets which cross or intersect the Project site,
unless otherwise specified in the Contract Documents. Traffic shall be maintained from the time the
CONTRACTOR begins the Work until final acceptance of the Work, including any periods during
which the CONTRACTOR’s operations are suspended. The CONTRACTOR shall conduct the Work in
a manner which will create a minimum amount of inconvenience to vehicular and pedestrian traffic.
5.35.1 All roadway structure facilities used by the CONTRACTOR in maintaining traffic shall be
maintained by the CONTRACTOR in a safe, passable, and convenient condition under all
weather conditions.
5.35.2 Signing, barricades, lighting, traffic control devices, and traffic control operations used in
maintaining traffic shall be in accordance with the applicable provisions of the Latest Edition of
the Manual on Uniform Traffic Control Devices for Streets and Highways as prepared by the
National Joint Committee on Uniform Traffic Control Devices. Any additional traffic control
devices utilized shall be approved by the ENGINEER.
5.35.3 The CONTRACTOR shall provide, erect, and maintain all necessary barricades, suitable and
sufficient warning lights, danger signals, and signs; shall provide a sufficient number of flag
persons to direct the traffic; and shall take all necessary precautions for the protection of the
Work and the safety of the public.
5.35.4 All barricades and obstruction or hazardous conditions shall be illuminated as necessary to
provide for safe traffic conditions.
5.35.5 Warning and caution signs shall be posted throughout the length of any portion of the Project
where traffic flow is restricted.
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5.35.6 Advisory speed limit signs used by the CONTRACTOR shall be posted only when and where
reduced speeds are warranted, and such reduced speeds shall be the maximum speeds which are
reasonable under the prevailing conditions and in accordance with Laws and Regulations.
Traffic Detours:
5.36
When provided for by the Contract Documents, through traffic will be detoured around the Project or
parts of the Project over existing roads or streets by the CONTRACTOR. Such through detours will be
signed and maintained by the CONTRACTOR and it shall be the responsibility of the CONTRACTOR
to erect and maintain appropriate barricades, signs, lights, signals, or other traffic control devices at the
ends of the Project and at all roads and streets which cross or intersect the Project as may be necessary
to provide adequate protection of the Work and safety of the public.
One Way Traffic:
5.37
Two way traffic is to be maintained at all times unless otherwise provided for in the Contract
Documents or unless permitted by the ENGINEER. Where one-way traffic is permitted, traffic shall be
periodically altered in direction by flag men or approved traffic control devices and all necessary
precautions shall be taken to minimize excessive delay to the traffic. The distance along the Project
through which one-way traffic will be permitted shall be subject to the written approval of the
ENGINEER.
Hauling Material on Streets:
5.38
When it is necessary to haul material over streets or pavements, the Contractor shall prevent deposits on
streets, pavements, or environment. In all cases where any materials are dropped from the vehicles, the
CONTRACTOR shall promptly clean up the same and keep the crosswalks, streets and pavements clean
and free from dirt, mud, stone and other hauled material.
Temporary Services:
5.39
CONTRACTOR shall be solely responsible for the following temporary services during the
performance of the Work:
5.39.1. Heat
The CONTRACTOR shall provide heat, fuel and services as necessary to protect all work and
materials, within all habitable areas of permanent building construction, for all Contracts against
injury from dampness and cold until final acceptance to all work and materials for the Project,
unless building is fully occupied by the Owner prior to such acceptance, in which case the
Owner shall assume all expenses of heating from date of full occupancy. In areas outside those
covered above, each prime Contractor shall be responsible for providing such temporary heat,
fuel and services as required to protect his work or shall make all necessary arrangements with
the CONTRACTOR for providing such temporary heat, fuel and services. Unless otherwise
specifically permitted by SPECIAL CONDITIONS, the permanent heating system shall not be
used to provide temporary heat. CONTRACTOR'S proposed written methods of heating shall
be submitted for approval to the Engineer.
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5.39.2 Electrical Power and Lighting
Electrical power required during construction shall be provided by each prime Contractor as
required, including all necessary arrangements such as ordering the meter, making the
connections and paying all fees and inspection charges. A qualified Electrical Contractor
approved in writing by the ENGINEER shall install this service. The CONTRACTOR shall
provide lighting in all spaces at all times where necessary for good and proper workmanship, for
inspection or for safety. No temporary power shall be used off temporary lighting lines without
specific approval of the ENGINEER.
5.39.3 Water Service
It shall be the obligation and responsibility of the CONTRACTOR to provide and maintain the
temporary water service on the site of the Work suitable for all operations under the Agreement,
and to make all necessary arrangements therefore, including pipe and meter installation.
5.39.4 Sanitary Service
Sanitary conveniences in sufficient numbers and convenient locations for the use of all persons
employed on the Work, properly screened from public observation, shall be provided,
maintained and removed by the CONTRACTOR and shall be in compliance with all laws and
regulations including without limitation the requirements and regulations of the public health
authorities. The contents of the same shall be removed and disposed of in a satisfactory manner,
as the occasion requires. The CONTRACTOR shall rigorously prohibit the committing of
nuisances within, on, or about the Work.
Work in Street, Highway and Other Rights-of-Way:
5.40
Excavation, grading fill, storm drainage, paving and any other construction or installations in rights-ofway of streets, highways, public carrier lines, utility lines (either aerial, surface or subsurface), etc., shall
be done in accordance with requirements of the authorities having jurisdiction and of applicable
requirements of the specification. The CONTRACTOR shall make all necessary arrangements with the
proper authorities, including the obtaining of permits, approval of construction methods, etc., and shall
pay all costs charged in connection with the Work. Upon completion of the Work, the CONTRACTOR
shall present to the ENGINEER certificates in triplicate, from the proper authorities stating that the
Work has been done in accordance with their requirements, and that all costs charged to the Work by
them have been paid in full.
The OWNER will cooperate with the CONTRACTOR in obtaining action from any utilities or public
authorities involved in the above requirements.
Compliance with Americans with Disabilities Act:
5.41
The CONTRACTOR shall comply with the provisions of the Americans With Disabilities Act and all
rules and regulations promulgated thereunder. The CONTRACTOR hereby agrees to indemnify the
OWNER, the City, and ENGINEER, their officers, employees. agents and consultants from and against
all claims, damages, lawsuits and expenses, direct, indirect or consequential (including, but not limited
to, fees and charges of engineers, architects, attorneys and other professionals and court costs) arising
out of or resulting from the failure of the CONTRACTOR, its subcontractors, agents, successors,
assigns, officers or employees to comply with provisions of the ADA or the rules and regulations
promulgated thereunder.
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ARTICLE 6 - OTHER WORK
Related Work at Project Site:
6.1
OWNER may perform other work related to the Project at the site by OWNER's own forces, have other
work performed by utility owners or let other direct contracts therefore which shall contain General
Conditions similar to these. If the fact that such other work is to be performed was not noted in the
Contract Documents, written notice thereof will be given to CONTRACTOR prior to starting any such
other work; and if CONTRACTOR believes that such performance will involve additional expense to
CONTRACTOR or requires additional time and the parties are unable to agree as to the extent thereof,
CONTRACTOR may make a claim therefore as provided in Articles 10 and 11.
6.2
CONTRACTOR shall afford each utility owner and other contractor who is a party to such a direct
contract (or OWNER, if OWNER is performing the additional work with OWNER's employees) proper
and safe access to the Project site and a reasonable opportunity for the introduction and storage of
materials and equipment and the execution of such work, and shall properly connect and coordinate the
work with theirs. CONTRACTOR shall do all cutting, fitting and patching of the Work that may be
required to make its several parts come together properly and integrate with such other work.
CONTRACTOR shall not endanger any work of others by cutting, excavating or otherwise altering their
work and will only cut or alter their work with the written consent of ENGINEER and the others whose
work will be affected. The duties and responsibilities of CONTRACTOR under this paragraph are for
the benefit of such utility owners and other contractors to the extent that there are comparable provisions
for the benefit of CONTRACTOR in said direct contracts between OWNER and such utility owners and
other contractors.
6.3
If OWNER contracts with others for the performance of other work on the Project at the site, the person
or organization who will have authority and responsibility for coordination of the activities among the
various prime contractors if not identified in these General Conditions will be identified in the
Supplementary Conditions, and the specific matters to be covered by such authority and responsibility
will be itemized, and the extent of such authority and responsibilities will be provided therein. Unless
otherwise provided in the Supplementary Conditions, neither OWNER nor ENGINEER shall have any
authority or responsibility in respect of such coordination.
6.4
Should CONTRACTOR cause damage to the Work or property of any separate contractor at the Project
site, or should any claim arising out of CONTRACTOR’s performance of the Work at the Project site be
made by any separate contractor against CONTRACTOR, OWNER, ENGINEER, ENGINEER’s
Consultants, or any other person, CONTRACTOR shall promptly attempt to settle with such other
contractor by agreement, or to otherwise resolve the dispute. CONTRACTOR shall, to the fullest extent
permitted by Laws and Regulations, indemnify and hold OWNER, ENGINEER, and ENGINEER’s
Consultants harmless from and against all claims, damages, losses and expenses (including, but not
limited to, fees of engineers, architects, attorneys and other professionals, and court and arbitration or
mediation costs) arising directly, indirectly or consequentially out of any action, legal or equitable,
brought by any separate contractor against OWNER, ENGINEER, or ENGINEER’s Consultants to the
extent based on a claim arising out of CONTRACTOR’s performance of the Work. Should a separate
contractor cause damage to the Work or property of CONTRACTOR or should the performance of
work by any separate contractor at the Project site give rise to any other claim, CONTRACTOR shall
not institute any action, legal or equitable, against OWNER, ENGINEER, or ENGINEER’s Consultants
or permit any action against any of them to be maintained and continued in its name or for its benefit in
any court or before any arbiter which seeks to impose liability on or to recover damages from OWNER,
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ENGINEER, or ENGINEER’s Consultants on account of any such damage or claim. If CONTRACTOR
is delayed at any time in performing or furnishing Work by any act or neglect of a separate contractor
and OWNER and CONTRACTOR are unable to agree as to the extent of any adjustment in Contract
Times attributable thereto, CONTRACTOR may make a claim for an extension of time in accordance
with Article 11. An extension of the Contract Time shall be CONTRACTOR’s exclusive remedy with
respect to OWNER, ENGINEER, and ENGINEER’s Consultants for any delay, disruption, interference
or hindrance caused by any separate contractor. This paragraph does not prevent recovery from
OWNER, ENGINEER, or ENGINEER’s Consultant for activities that are their respective
responsibilities.
6.5
The CONTRACTOR will be responsible for coordination of the work of any Electrical, HVAC,
Plumbing or other contractor on the Project and will act as Construction Coordinator.
6.5.1
Safety precautions and programs shall be the responsibility of the individual contractors for
their respective work. (Reference General Conditions paragraph 5.22 and 5.23.)
6.5.2
Permits shall be obtained by the individual contractors for their respective work. (Reference
General Conditions paragraph 5.14.)
6.5.3
Monitoring compliance with Laws and Regulations shall be the responsibility of the individual
contractors. (Reference General Conditions paragraph 5.15.1 and 5.15.2.)
6.5.4
The individual contractors shall be responsible for monitoring progress and complying with the
approved schedules. (Reference General Conditions paragraphs 2.6, l2.9 and 5.7.)
6.5.5
The CONTRACTOR shall be responsible for coordinating the locations and configurations of
equipment supplied by itself or by any Electrical, HVAC, and Plumbing contractors, or
OWNER-furnished equipment.
6.5.6
The individual contractors shall be responsible for maintaining required insurance. (Reference
General Conditions Article 12.)
6.5.7
The individual contractors shall be responsible for maintaining their respective work areas clean
and disposing of waste. (Reference General Conditions paragraph 5.18.)
6.5.8
Coordination of tests and inspectors shall be the responsibility of the CONTRACTOR.
Obtaining inspections of the respective work of each contractor shall be the responsibility of the
individual contractor. (Reference General Conditions Article 13.)
ARTICLE 7 - OWNER'S RESPONSIBILITIES
7.1
OWNER shall issue all communications to CONTRACTOR through ENGINEER.
7.2
In case of termination of the employment of ENGINEER, OWNER shall appoint an ENGINEER,
against whom CONTRACTOR makes no reasonable written objection, whose status under the Contract
Documents shall be that of the former ENGINEER.
7.3
OWNER shall furnish the data required of OWNER under the Contract Documents promptly and shall
make payments to CONTRACTOR promptly after they are due as provided in paragraphs 14.4 and
14.13.
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7.4
OWNER's duties in respect of providing lands and easements and providing engineering surveys to
establish reference points are set forth in paragraphs 4.1 and 4.4. Paragraph 4.2 refers to OWNER
identifying and making available to CONTRACTOR copies of reports of explorations and tests of
subsurface conditions at the Project site and in existing structures which have been utilized by
ENGINEER in preparing the Drawings and Specifications.
7.5
OWNER is obligated to execute Change Orders as indicated in paragraph 9.4.
7.6
OWNER's responsibility in respect of certain inspections, tests and approvals is set forth in paragraph
13.4.
7.7
In connection with OWNER's right to stop Work or suspend Work, see paragraphs 13.10 and 15.1.
Paragraph 15.2 deals with OWNER's right to terminate services of CONTRACTOR under certain
circumstances.
7.8
OWNER shall not supervise, direct or have control or authority over, nor be responsible for
CONTRACTOR’s means, methods, techniques, sequences or procedures of construction or the safety
precautions and programs incident thereto, or for any failure of CONTRACTOR to comply with Laws
and Regulations applicable to the furnishing or performance of the Work. OWNER shall not be
responsible for CONTRACTOR’s failure to perform or finish the Work in accordance with the Contract
Documents.
ARTICLE 8 - ENGINEER'S STATUS DURING CONSTRUCTION
OWNER's Representative:
8.1
ENGINEER will be OWNER's representative during the construction period. The duties and
responsibilities and the limitations of authority of ENGINEER as OWNER's representative during
construction are set forth in the Contract Documents and shall not be extended without written consent
of OWNER and ENGINEER.
Visits to Project Site:
8.2
ENGINEER will make visits to the Project 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. Unless otherwise provided in the
Contract between the ENGINEER and the OWNER, ENGINEER will not be required to make
exhaustive or continuous onsite inspections to check the quality or quantity of the Work. ENGINEER's
efforts will be directed toward providing the OWNER with a greater degree of assurance that the
completed Work will conform to the Contract Documents. On the basis of such visits and on-site
observations as an experienced and qualified design professional, ENGINEER will keep OWNER
informed of the progress of the Work and will endeavor to guard OWNER against Defective Work.
Project Representation:
8.3
If OWNER and ENGINEER agree, ENGINEER will furnish a Resident Project Representative to assist
ENGINEER in observing the performance of the Work. The duties, responsibilities and limitations of
authority of any such Resident Project Representative and assistants will be as provided in the Contract
between the OWNER and the ENGINEER and/or Supplementary Conditions. If OWNER designates
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another agent to represent OWNER at the Project site who is not ENGINEER's agent or employee, the
duties, responsibilities and limitations of authority of such other person will be as provided in the
Supplementary Conditions.
Clarifications and Interpretations:
8.4
ENGINEER will issue with reasonable promptness such written clarifications or interpretations of the
requirements of the Contract Documents (in the form of Drawings or otherwise) as ENGINEER may
determine necessary, which shall be consistent with or reasonably inferable from the overall intent of
the Contract Documents. If CONTRACTOR believes that a written clarification or interpretation
justifies an increase in the Contract Price or an extension of the Contract Time and the parties are unable
to agree to the amount or extent thereof, CONTRACTOR may make a claim therefore as provided in
Article 10 or Article 11.
Authorized Variations in Work:
8.5
ENGINEER may authorize minor variations in the Work from the requirements of the Contract
Documents which do not involve an adjustment in the Contract Price or the Contract Time and are
consistent with the overall intent of the Contract Documents. These may be accomplished by a Field
Order and will be binding on OWNER, and also on CONTRACTOR who shall perform the Work
involved promptly. If CONTRACTOR believes that a Field Order justifies an increase in the Contract
Price or an extension of the Contract Time and the parties are unable to agree as to the amount or extent
thereof, CONTRACTOR may make a claim therefore as provided in Article 10 or 11.
Rejecting Defective Work:
8.6
ENGINEER will have authority to disapprove or reject Work which ENGINEER believes to be
"Defective", and will also have authority to require special inspection or testing of the Work as provided
in paragraph 13.9, whether or not the work is fabricated, installed or completed.
Shop Drawings, Change Orders and Payments:
8.7
In connection with ENGINEER's responsibility for Shop Drawings and Samples, see paragraphs 5.25
through 5.29 inclusive.
8.8
In connection with ENGINEER's responsibilities as to Change Orders, see Articles 9, 10, and 11.
8.9
In connection with ENGINEER's responsibilities in respect of Applications for Payments, see Article
14.
Determinations for Unit Price:
8.10
ENGINEER will determine the actual quantities and classifications of Unit Price Work performed by
CONTRACTOR.
ENGINEER will review with CONTRACTOR ENGINEER's preliminary
determinations on such matters before rendering a written decision thereon (by recommendation on an
Application for Payment or otherwise). ENGINEER's written decisions thereon will be final and
binding upon OWNER and CONTRACTOR unless, within ten (10) days after the date of any such
decision, either OWNER or CONTRACTOR delivers to the other party to the Agreement and to
ENGINEER written notice of intention to appeal from such a decision.
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Decisions on Disputes:
8.11
ENGINEER will be the initial interpreter of the requirements of the Contract Documents and judge of
the acceptability of the Work thereunder. Claims, disputes and other matters relating to the acceptability
of the Work or the interpretation of the requirements of the Contract Documents pertaining to the
performance and furnishing of the Work and claims under Articles 10 and 11 in respect of changes in
the Contract Price or Contract Time will be referred initially to ENGINEER in writing with a request for
a formal decision in accordance with this paragraph, which ENGINEER will render in writing within a
reasonable time. Written notice of each such claim, dispute and other matter will be delivered by the
claimant to ENGINEER and the other party to the Agreement promptly (but in no event later than thirty
(30) days) after the occurrence of the event giving rise thereto, and written supporting data will be
submitted to ENGINEER and the other party within sixty (60) days after such occurrence unless
ENGINEER allows an additional period of time to ascertain more accurate data in support of the claim.
The opposing party shall submit a response, if any, to ENGINEER and the claimant within thirty (30)
days after receipt of the claimant’s last submittal (unless ENGINEER allows additional time).
ENGINEER will render a formal decision in writing within thirty (30) days after receipt of the opposing
party’s submittal, if any. ENGINEER’s written decision on such claim, dispute or other matter will be
final and binding upon OWNER and CONTRACTOR unless a written notice of intention to appeal
from ENGINEER’s written decision is delivered by OWNER or CONTRACTOR to the other and to
ENGINEER within thirty (30) days after the date of such decision and a formal proceeding is instituted
by the appealing party in a forum of competent jurisdiction to exercise such rights or remedies as the
appealing party may have with respect to such claim, dispute or other matter in accordance with
applicable Laws and Regulations within sixty (60) days of the date of such decision, unless otherwise
agreed in writing by OWNER and CONTRACTOR.
8.12
When functioning as interpreter and judge under paragraphs 8.11 and 8.12, ENGINEER will not show
partiality to OWNER or CONTRACTOR and will not be liable in connection with any interpretation or
decision rendered in good faith in such capacity. The rendering of a decision by ENGINEER pursuant to
paragraphs 8.11 and 8.12 with respect to any such claim, dispute or other matter (except any which have
been waived by the making or acceptance of final payment as provided in paragraph 14.16) will be a
condition precedent to any exercise by OWNER or CONTRACTOR of such rights or remedies as either
may otherwise have under the Contract Documents or by Laws or Regulations in respect of any such
claim, dispute or other matter.
Limitations on ENGINEER's Responsibilities:
8.13
Neither ENGINEER's authority to act under this Article 8 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
Supplier, or any other person or organization performing any of the Work, or to any Surety for any of
them.
8.14
Whenever in the Contract Documents the terms as ordered, as directed, as required, as allowed, as
approved 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 a requirement, direction,
review or judgment of ENGINEER as to the Work, it is intended that such requirement, direction,
review or judgment will be solely to evaluate the Work for compliance with the Contract Documents,
unless there is a specific statement indicating otherwise. The use of any such term or adjective shall not
be effective to assign to ENGINEER any duty or authority to supervise or direct the furnishing or
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performance of the Work or any duty or authority to undertake responsibility contrary to the provisions
of paragraph 8.15 or 8.16.
8.15
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 CONTRACTOR's failure to perform or furnish the Work in accordance with
the Contract Documents.
8.16
ENGINEER will not be responsible for the acts or omissions of CONTRACTOR or of any
Subcontractor, any Supplier, or of any other person or organization performing or furnishing any of the
Work except to the extent provided for by the terms of this Agreement and ENGINEER's Agreement
with the OWNER.
8.17
The limitations upon authority and responsibility set forth in this Article 8 shall also apply to
ENGINEER’s Consultants, Resident Project Representative, and assistants, if any.
ARTICLE 9 - CHANGES IN THE WORK.
9.1
Without invalidating the Agreement and without notice to any Surety, OWNER may, at any time or
from time to time, order additions, deletions or revisions in the Work; these will be authorized by a
Written Amendment, a Change Order, or a Work Directive Change. Upon receipt of any such
document, CONTRACTOR shall promptly proceed with the Work involved which will be performed
under the applicable conditions of the Contract Documents, except as otherwise specifically provided.
9.2
If OWNER and CONTRACTOR are unable to agree as to the extent, if any, of an increase or decrease
in the Contract Price or an extension or shortening of the Contract Time that should be allowed as a
result of a Work Directive Change, a claim may be made therefore as provided in Article 10 or Article
11.
9.3
CONTRACTOR shall not be entitled to an increase in the Contract Price or an extension of the Contract
Time with respect to any Work performed that is not required by the Contract Documents as amended,
modified and supplemented as provided in paragraphs 3.4 and 3.5, except in the case of an emergency
as provided in paragraph 5.24 and except in the case of uncovering Work as provided in paragraph 13.9.
9.4
OWNER and CONTRACTOR shall execute appropriate Change Orders (or Written Amendments)
covering:
9.4.1
Changes in the Work which are ordered by OWNER pursuant to paragraph 9.1, which are
required because of acceptance of “Defective” Work under paragraph 13.13 or Correcting
"Defective" Work under paragraph 13.14, or are agreed to by the parties;
9.4.2
Changes in the Contract Price or Contract Time which are agreed to by the parties; and
9.4.3
Changes in the Contract Price or Contract Time which embody the substance of any written
decision rendered by ENGINEER pursuant to paragraph 8.11.
Provided that, in lieu of executing any such Change Order, an appeal may be taken from any such
decision in accordance with the provisions of the Contract Documents and applicable Laws and
Regulations; but during any such appeal CONTRACTOR shall carry on the Work and adhere to the
progress schedule as provided in paragraph 5.30.
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9.5
If notice of any change affecting the general scope of the Work or the provisions of the Contract
Documents (including, but not limited to, Contract Price or Contract Time) is required by the provisions
of any Bond to be given to a Surety, the giving of any such notice will be CONTRACTOR's
responsibility, and the amount of each applicable Bond will be adjusted accordingly.
9.6
If CONTRACTOR claims (i) that any work he/she has been ordered to do is not part of the Work
required by the Contract Documents, hereinafter referred to as “Extra Work”, (ii) that he/she has
performed or is going to perform Extra Work, or (iii) that any action or omission of OWNER or
ENGINEER is contrary to the terms and provisions of the Contract Documents, CONTRACTOR shall:
9.7
9.6.1
Promptly comply with such order;
9.6.2
File with ENGINEER (with copy to OWNER), within fourteen (14) working days after being
ordered to perform the work claimed by him/her to be Extra Work or within fourteen (14)
working days after commencing performance of the Extra Work, whichever date shall be the
earlier, or within fourteen (14) working days after the action or omission of the OWNER or the
ENGINEER occurred, a written notice stating the basis of his/her claim and a request for a
determination thereof;
9.6.3
File with ENGINEER within thirty (30) calendar days after said alleged Extra Work was
required to be performed or said alleged Extra Work was commenced, whichever date shall be
earlier, or said alleged action or omission by OWNER or ENGINEER, a verified detailed
statement, with documentary evidence of the items and basis of his/her claim;
9.6.4
Produce for OWNER’s examination, upon notice from OWNER, all his/her books of account,
bills, invoices, payrolls, subcontracts, time books, progress records, daily reports, bank deposit
books, bank statements, checkbooks and canceled checks showing all of his/her actions and
transactions in connection with or relating to or arising by reason of his/her claim, and submit
himself/herself and persons in his/her employment and in his/her Subcontractor’s employment
for examination under oath by any person designated by OWNER to investigate any claims
made against OWNER under the Contract, such examination to be made at the offices of
OWNER or OWNER’s agent;
9.6.5
Proceed diligently, pending and subsequent to determination of OWNER with respect to any
such disputed matter, with the performance of the Contract and in accordance with all
instructions of OWNER and ENGINEER.
CONTRACTOR’s failure to comply with any or all of the foregoing provisions of paragraph 9.6 shall
be deemed to be: (i) a conclusive and binding determination that said order, work action or omission is
not additional or Extra Work for CONTRACTOR and is not contrary to the terms and provisions of the
Agreement; and (ii) a waiver by CONTRACTOR of all claims for additional compensation or damages
as a result of said order, work action or omission.
9.7.1
Only the OWNER may waive or modify any of the foregoing provisions, which must be done
so in writing and signed by the OWNER. In any action against OWNER to recover any sum in
excess of the sum certified by OWNER to be due under or by reason of the Contract,
CONTRACTOR must allege in his/her complaint and prove at trial compliance with the
provisions of these paragraphs 9.6 and 9.7.
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9.7.2
Nothing in paragraphs 9.6 and 9.7 shall in any way affect OWNER’s right to obtain an
examination of CONTRACTOR before trial or discovery and inspection in any action that
might be instituted by or against OWNER or CONTRACTOR.
ARTICLE 10 - CHANGE OF CONTRACT PRICE
10.1
The Contract Price constitutes the total compensation (subject to authorized adjustments) payable to
CONTRACTOR for performing all the Work in accordance with the Contract Documents. All duties,
responsibilities and obligations assigned to or undertaken by CONTRACTOR shall be at its expense
without change in the Contract Price.
10.2
The Contract Price may only be changed by a Change Order or by a Written Amendment. Any claim for
an increase or decrease in the Contract Price shall be based on written notice delivered by the party
making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30)
days) after the occurrence of the event giving rise to the claim and stating the general nature of the
claim. Notice of the amount of the claim with supporting data shall be delivered within sixty (60) days
after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate
data in support of the claim) and shall be accompanied by claimant's written statement that the amount
claimed covers all known amounts (direct, indirect and consequential) to which the claimant is entitled
as a result of the occurrence of said event. All claims for adjustment in the Contract Price shall be
determined by ENGINEER in accordance with paragraph 8.11 if OWNER and CONTRACTOR cannot
otherwise agree on the amount involved. No claim for an adjustment in the Contract Price will be valid
if not submitted in accordance with this paragraph 10.2.
10.3
The value of any Work covered by a Change Order or of any claim for an increase or decrease in the
Contract Price shall be determined in one of the following ways:
10.3.1 Where the Work involved is covered by unit prices contained in the Contract Documents, by
application or unit prices to the quantities or the items involved (subject to the provisions of
paragraphs 10.9.1 through 10.9.3. inclusive).
10.3.2 By mutual acceptance or a lump sum (which may include an allowance for overhead and profit
not necessarily in accordance with paragraph 10.6.2.1 ).
10.3.3 On the basis of the Cost of the Work (determined as provided in paragraphs 10.4 and 10.5) plus
a CONTRACTOR's Fee for overhead and profit (determined as provided in paragraphs 10.6 and
10.7).
Cost of the Work:
10.4
The term Cost of the Work means the sum of all costs necessarily incurred and paid by CONTRACTOR
in the proper performance of the Work. Except as otherwise may be agreed to in writing by OWNER,
such costs shall be in amounts no higher than those prevailing in the locality of the Project, shall include
only the following items and shall not include any of the costs itemized in paragraph 10.5.
10.4.1 Payroll costs for employees in the direct employ of CONTRACTOR in the performance of the
Work under schedules of job classifications agreed upon by OWNER and CONTRACTOR.
Payroll costs for employees not employed full time on the Work shall be apportioned on the
basis of their time spent on the Work. Payroll costs shall include, but not limited to, salaries and
wages plus the cost of fringe benefits which shall include social security contributions,
unemployment, excise and payroll taxes, workers' or workmen's compensation, health and
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retirement benefits, bonuses, sick leave, vacation and holiday pay applicable thereto. Such
employees shall include superintendents and foremen at the Project site. The expenses of
performing Work after regular working hours, on Saturday, Sunday or legal holidays, shall be
included in the above to the extent authorized by OWNER in writing.
10.4.2 Cost of all materials and equipment furnished and incorporated in the Work, including costs of
transportation and storage thereof, and Suppliers field services required in connection therewith.
All cash discounts shall accrue to CONTRACTOR unless OWNER deposits funds with
CONTRACTOR with which to make payments, in which case the cash discounts shall accrue to
OWNER. All trade discounts, rebates and refunds and all returns from sale of surplus materials
and equipment shall accrue to OWNER, and CONTRACTOR shall make provisions so that
they may be obtained.
10.4.3 Payments made by CONTRACTOR to the Subcontractors for Work performed by
Subcontractors. If required by OWNER, CONTRACTOR shall obtain competitive bids from
Subcontractors acceptable to CONTRACTOR and shall deliver such bids to OWNER who will
then determine, with the advice of ENGINEER which bids will be accepted. If a subcontract
provides that the Subcontractor is to be paid on the basis of Cost of the Work Plus a Fee, the
Subcontractors Cost of the Work shall be determined in the same manner as CONTRACTOR's
Cost of the Work. All subcontracts shall be subject to the other provisions of the Contract
Documents insofar as applicable.
10.4.4 Costs of special consultants (including but not limited to engineers, architects, testing
laboratories, surveyors, attorneys and accountants) employed for services specifically related to
the Work.
10.4.5 Supplemental costs including the following:
10.4.5.1
The proportion of necessary transportation, travel and subsistence expenses of
CONTRACTOR's employees incurred in discharge of duties connected with
the Work.
10.4.5.2
Cost, including transportation and maintenance, of all materials, Supplies,
equipment, machinery, appliances, office and temporary facilities at the Project
site and hand tools not owned by the workers, which are consumed in the
performance of the Work, and cost less market value of such items used but not
consumed which remain the property of CONTRACTOR.
10.4.5.3
Rentals of all construction equipment and machinery and the parts thereof
whether rented from CONTRACTOR or others in accordance with rental
agreements approved by OWNER with the advice of ENGINEER, and the costs
of transportation, loading, unloading, installation, dismantling and removal
thereof, all in accordance with terms of said rental agreements. The rental of
any such equipment, machinery or parts shall cease when the use thereof is no
longer necessary for the Work.
10.4.5.4
Sales, consumer, use or similar taxes related to the Work, and for which
CONTRACTOR is liable, imposed by Laws and Regulations.
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10.5
10.4.5.5
Deposits lost for causes other than negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable, and royalty payments fees for permits
and licenses.
10.4.5.6
Losses and damages (and related expenses), not compensated by insurance or
otherwise, to the Work or otherwise sustained by CONTRACTOR in
connection with the performance and furnishing of the Work, provided they
have resulted from causes other than the negligence of CONTRACTOR, any
Subcontractor or anyone directly or indirectly employed by any of them or for
whose acts any of them may be liable. Such losses shall include settlements
made with the written consent and approval of OWNER. No such losses,
damages and expenses shall be included in the Cost of the Work for the purpose
of determining CONTRACTOR's fee. If, however, any such loss or damage
requires reconstruction and CONTRACTOR is placed in charge thereof,
CONTRACTOR shall be paid for services a fee proportionate to that stated in
paragraph 10.6.2.
10.4.5.7
The cost of utilities, fuel and sanitary facilities at the Project site.
10.4.5.8
Minor expenses such as telegrams, long distance telephone calls, telephone
service at the Project site, express mail and similar petty cash items in
connection with the Work.
10.4.5.9
Cost of premiums for additional Bonds and insurance required because of
changes in the Work and premiums for property insurance coverage within the
limits of the deductible amounts are established by OWNER.
The Term Cost of the Work Shall not include any of the following:
10.5.1 Payroll costs and other compensation of CONTRACTOR's officers, executives, principals (of
partnership and sole proprietorships), general managers, engineers, architects, estimators,
attorneys, auditors, accountants, purchasing and contracting agents, expediters, timekeepers,
clerks and other personnel employed by CONTRACTOR whether at the Project site or in
CONTRACTOR's principal or a branch office for general administration of the Work and not
specifically included in the agreed upon schedule of job classifications referred to in paragraph
10.4.1 or specifically covered by paragraph 10.4.4, all of which are to be considered
administrative costs covered by the CONTRACTOR's Fee.
10.5.2 Expenses of CONTRACTOR's principal and branch offices other than CONTRACTOR's office
at the Project site.
10.5.3 Any part of CONTRACTOR's capital expenses, including interest on CONTRACTOR's capital
employed for the Work and charges against CONTRACTOR for delinquent payments.
10.5.4 Cost of premiums for all Bonds and for all insurance whether or not CONTRACTOR is
required by the Contract Documents to purchase and maintain the same (except for the cost of
premiums covered by sub-paragraph 10.4.5.9 above).
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10.5.5 Costs due to the negligence of CONTRACTOR, any Subcontractor, or anyone directly or
indirectly employed by any of them or for whose acts any of them may be liable, including, but
not limited to, the correction of Defective Work, disposal of materials or equipment wrongly
supplied and making good any damage to property.
10.5.6 Other overhead or general expense costs of any kind and the costs of any item not specifically
and expressly included in paragraph 10.4.
CONTRACTOR's Fee:
10.6
The CONTRACTOR's Fee allowed to CONTRACTOR for overhead and profit shall be determined as
follows:
10.6.1 A mutually acceptable fixed fee; or if none can be agreed upon;
10.6.2 A fee based on the following percentages of the various portions of the Cost of the Work;
10.7
10.6.2.1
For Costs incurred under paragraphs 10.4.1 and 10.4.2, the CONTRACTOR's
Fee shall be fifteen percent (15%);
10.6.2.2
For costs incurred under paragraph 10.4.3, the CONTRACTOR's Fee shall be
five percent (5%); and if a subcontract is on the basis of Cost of the Work Plus
a Fee, the maximum allowable to CONTRACTOR on account of overhead and
profit of all Subcontractors shall be fifteen percent (15%);
10.6.2.3
No fee shall be payable on the basis of costs itemized under paragraphs 10.4.4,
10.4.5 and 10.5;
10.6.2.4
The amount of credit to be allowed by CONTRACTOR to OWNER for any
such change which results in a net decrease in cost will be the amount of the
actual net decrease plus a deduction in CONTRACTOR’s Fee by an amount
equal to ten percent (10%) of the net decrease; and
10.6.2.5
When both additions and credits are involved in any one change, the adjustment
in CONTRACTOR's Fee shall be computed on the basis of the net change in
accordance with paragraphs 10.6.2.1 through 10.6.2.4. inclusive.
Whenever the cost of any Work is to be determined pursuant to paragraph 10.4 or 10.5,
CONTRACTOR will submit in form acceptable to ENGINEER, an itemized cost breakdown together
with supporting data.
Cash Allowances:
10.8
It is understood that CONTRACTOR has included in the Contract Price all allowances so named in the
Contract Documents and shall cause the Work so covered to be done by such Subcontractors or
Suppliers and for such sums within the limit of the allowances as may be acceptable to ENGINEER.
These limits shall not be exceeded without the written consent of the ENGINEER and OWNER.
CONTRACTOR agrees that:
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10.8.1 The allowances include the cost to CONTRACTOR (less any applicable trade discounts) of
materials and equipment required by the allowances to be delivered at the Project site, and all
applicable taxes; and
10.8.2 CONTRACTOR's costs for unloading and handling on the Project site, labor, installation costs,
overhead, profit and other expenses contemplated for the allowances have been included in the
Contract Price and not in the allowances. No demand for additional payment on account of any
thereof will be valid.
Prior to final payment, an appropriate Change Order will be issued as recommended by
ENGINEER to reflect actual amounts due CONTRACTOR on account of Work covered by
allowances, and the Contract Price shall be correspondingly adjusted.
Unit Price Work:
10.9.1 Where the Contract Documents provide that all or part of the Work is to be Unit Price Work,
initially the Contract Price will be deemed to include for all Unit Price Work an amount equal to
the sum of the established unit prices for each separately identified item of Unit Price Work
times the estimated quantity of each item as indicated in the Agreement. The estimated
quantities of items of Unit Price Work are not guaranteed and are solely for the purpose of
comparison of Bids and determining an initial Contract Price and CONTRACTOR shall in no
manner rely upon estimated quantities in entering into the Agreement. Determinations of the
actual quantities and classifications of Unit Price Work performed by CONTRACTOR will be
made by ENGINEER in accordance with paragraph 8.10.
10.9.2 Each unit price will be deemed to include an amount considered by CONTRACTOR to be
adequate to cover CONTRACTOR's overhead and profit for each separately identified item.
10.9.3 The unit price of an item of Unit Price Work shall be subject to re-evaluation and adjustment
under the following conditions:
10.9.3.1
If the total cost of a particular item of Unit Price Work amounts to 5 percent
(5%) or more of the Contract Price and the variation in the quantity of that
particular item of Unit Price Work performed by CONTRACTOR differs by
more than 25 percent (25%) from the estimated quantity of such item indicated
in the Contract Documents; and
10.9.3.2
If there is no corresponding adjustment with respect to any other item of Work;
and
10.9.3.3
If CONTRACTOR believes that CONTRACTOR has incurred additional
expense as a result thereof; or if OWNER believes that the quantity variation
entitles OWNER to an adjustment in the unit price, either OWNER or
CONTRACTOR may make a claim for an adjustment in the Contract Price in
accordance with Article 10 if the parties are unable to agree as to the effect of
any such variations in the quantity of Unit Price Work performed.
10.9.3.4
Revised Contract unit prices pertaining to overruns will be applicable only to
that portion of the overrun which is in excess of the percentages stated in
paragraph 10.9.3.1. Revised Contract unit prices pertaining to underruns of
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major Contract Items will be applicable to the entire quantity of the affected
Contract Item.
ARTICLE 11 - CHANGE OF CONTRACT TIME
11.1
The Contract Time may only be changed by a Change Order or a Written Amendment. Any claim for an
extension or shortening of the Contract Time shall be based on written notice delivered by the party
making the claim to the other party and to ENGINEER promptly (but in no event later than thirty (30)
days) after the occurrence of the event giving rise to the claim and stating the general nature of the
claim. Notice of the extent of the claim with supporting data shall be delivered within sixty (60) days
after such occurrence (unless ENGINEER allows an additional period of time to ascertain more accurate
data in support of the claim) and shall be accompanied by the claimant's written statement that the
adjustment claimed is the entire adjustment to which the claimant has reason to believe it is entitled as a
result of the occurrence of said event. All claims for adjustment in the Contract Time shall be
determined by ENGINEER in accordance with paragraph 8.11 if OWNER and CONTRACTOR cannot
otherwise agree. No claim for an adjustment in the Contract Time will be valid if not submitted in
accordance with the requirements of this paragraph 11.1.
11.2
The Contract Time will be extended in an amount equal to time lost due to delays beyond the control of
CONTRACTOR if a claim is made therefore as provided in paragraph 11.1. Such delays shall include,
but not be limited to, acts of neglect by OWNER or others performing additional work as contemplated
by Article 6, or to fires, floods, labor disputes, epidemics, abnormal weather conditions or acts of God.
Delays attributable to and within the control of a Subcontractor or Supplier shall be deemed to be delays
within the control of CONTRACTOR.
11.3
All time limits stated in the Contract Document are of the essence of the Agreement.
The provisions of this Article 11 shall not exclude recovery for damages (including but not limited to
fees and charges of engineers, architects, attorneys and other professionals and court costs) for delay by
either party.
11.4
Where CONTRACTOR is prevented from completing any part of the Work within the Contract Time
(or Milestones) due to delay beyond the control of both OWNER and CONTRACTOR, an extension of
the Contract Times (or Milestones) in an amount equal to the time lost due to such delay shall be
CONTRACTOR’s sole and exclusive remedy for such delay. In no event shall OWNER be liable to
CONTRACTOR, any Subcontractor, any Supplier, any other person or organization, or to any Surety
for, or employee or agent of any of them, for damages arising out of or resulting from (i) delays caused
by or within the control of CONTRACTOR, or (ii) delays beyond the control of both parties, including
but not limited to, fires, floods, epidemics, abnormal weather conditions, acts of God or acts or neglect
by utility owners or other contractors performing other work or contemplated by Article 6.
ARTICLE 12 - INSURANCE AND BONDS
12.1
CONTRACTOR’s Liability Insurance:
12.1.1 The CONTRACTOR shall purchase from and maintain insurance with one (1) or more
insurance companies, each of which shall be licensed to conduct business in the State of North
Carolina and each of which shall have an A.M. Best listing of “A” or better. The insurance
coverage will protect the CONTRACTOR from claims set forth below which may arise out of
or result from the CONTRACTOR's operations under the Agreement and for which the
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CONTRACTOR may be legally liable, whether such operations be by the CONTRACTOR or
by a Subcontractor or by anyone directly or indirectly employed by any of them or by anyone
for whose acts any of them may be liable. The insurance coverage, including forms, and
insurance companies shall be acceptable to the OWNER.
12.1.1.1
Claims under workers' compensation, disability benefit and other similar
employee benefit acts which are applicable to the Work to be performed;
12.1.1.2
Claims for damages because of bodily injury, occupational sickness or disease,
or death of the CONTRACTOR's employees;
12.1.1.3
Claims for damages because of bodily injury, sickness or disease, or death of
any person other than the CONTRACTOR’s employees;
12.1.1.4
Claims for damages insured by usual personal injury liability coverage which
are sustained (i) by a person as a result of any offense directly or indirectly
related to employment of such person by the CONTRACTOR, or (ii) by
another person;
12.1.1.5
Claims for damages, other than to the Work itself, because of injury to or
destruction of tangible property, including loss of use resulting therefrom;
12.1.1.6
Claims for damages because of bodily injury, death of a person or property
damage arising out of ownership, maintenance or use of a motor vehicle; and
12.1.1.7
Claims involving contractual liability insurance applicable
CONTRACTOR's obligations under paragraphs 5.31 and 5.32.
to
the
12.1.2 The insurance required by Subparagraph 12.1.1 shall be written for not less than limits of
liability specified in the Contract Documents or required by law, whichever coverage is greater.
CONTRACTOR’s general liability and umbrella liability policies shall be written on an
occurrence basis and shall be maintained without interruption from date of commencement of
the Work until date of final payment and termination of any coverage required to be maintained
after final payment.
12.1.3 The CONTRACTOR agrees to keep and maintain for the duration of this Agreement including
but not limited to commercial general liability, automobile liability, workers’ compensation,
employer’s liability, environmental liability and umbrella coverage with at least the minimum
amounts shown below. The CONTRACTOR shall furnish the City with certificates of
insurance for each type of insurance described herein, with the City named as Certificate Holder
and as an additional insured on the CONTRACTOR’s general liability and auto liability policies
and provide a waiver of subrogation on the CONTRACTOR’s workers’ compensation policy.
In the event of bodily injury or property damage loss caused by CONTRACTOR’s negligent
acts or omissions in connection with CONTRACTOR’s services performed under this
Agreement, the CONTRACTOR’s Liability insurance shall be primary and non-contributory
with respect to any other insurance which may be available to the City, regardless of how the
“Other Insurance” provisions may read. In the event of cancellation, substantial changes or
nonrenewal, the CONTRACTOR and CONTRACTOR’s insurance carrier shall give the City at
least thirty (30) days prior written notice. No work shall be performed until the
CONTRACTOR has furnished to the City the above referenced certificates of insurance, in a
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form suitable to the City. Upon request, the CONTRACTOR shall provide copies of their
insurance policies and endorsements.
12.1.4 The limits of liability for the insurance required by paragraph 12.1 of the General Conditions
shall provide coverage for not less than the following amounts or greater where required by law:
12.1.4.1Workers’ Compensation and Employer’s Liability:
(i) Workers’ Compensation
Statutory
(ii) Employer’s liability:
$500,000 each accident
$500,000 total disease
$500,000 per employee disease
12.1.4.2Commercial General liability:
(i) General Aggregate
(ii) Each Occurrence
(iii) Products/Completed Operations
$2,000,000
$1,000,000
$2,000,000(aggregate)
12.1.4.3Commercial Auto Liability:
Combined Single Limit
$1,000,000
12.1.4.4 Excess (Umbrella) Liability:
$5,000,000
12.1.4.5 Environmental/Pollution Liability:
$1,000,000
12.1.4.6
The insurance required by paragraphs 12.1.4.1 through 12.1.4.3 shall include
the OWNER, the City and ENGINEER as additional insured.
12.1.4.7
CONTRACTOR may purchase and maintain excess liability insurance in the
umbrella form to satisfy the limits of liability required for the insurance to be
purchased and maintained in accordance with paragraph 12.1.4. Evidence of
such excess liability shall be delivered to OWNER in accordance with
paragraph 2.7 in the form of a certificate indicating the policy numbers and
limits of liability of all underlying insurance.
Additional Insurance Requirements may be referenced in the City of Asheville Minimum Insurance Coverage
and Requirements Matrix on page 01210-11 of this document.
12.1.5 The CONTRACTOR acknowledges that the OWNER desires that claims for damages be
handled responsibly and not ignored or arbitrarily denied. Therefore, the CONTRACTOR shall
promptly refer all claims for damages related to the Work to its insurance company or companies
regardless of the nature or amount of the claim. The CONTRACTOR shall not refer any person
claiming damages related to the Work to OWNER or ENGINEER without first referring the claim to
CONTRACTOR’s insurance company or companies. Failure of the CONTRACTOR to comply with
this provision shall constitute an event of default under paragraph 15.2 of these General Conditions.
12.2
Nothing herein shall be deemed to constitute a waiver by OWNER of any governmental immunity
available to it.
12.3
[Section deleted]
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12.4
Performance Bond and Payment Bond:
12.4.1 CONTRACTOR shall furnish Performance and Payment Bonds each in an amount at least
equal to the Contract Price covering faithful performance of the Agreement and payment of
obligations arising thereunder as stipulated in bidding requirements or specifically required in
the Contract Documents on the date of execution of the Agreement. These Performance and
Payment Bonds shall remain in effect at least until one (1) year after the date when final
payment becomes due, except as provided otherwise by Law or Regulations or by the Contract
Documents. Any and all of the CONTRACTOR’s Surety companies shall be 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).
12.4.2 Upon the request of any person or entity appearing to be a potential beneficiary of Bonds
covering payment of obligations arising under the Agreement, the CONTRACTOR shall
promptly furnish a copy of the Bonds or shall permit a copy to be made.
12.5
If OWNER has any objection to the coverage afforded by or other provisions of the insurance required
to be purchased and maintained by CONTRACTOR or evidence thereof in accordance with the Contract
Documents, OWNER may notify CONTRACTOR in writing. CONTRACTOR shall provide OWNER
with such additional information in respect of insurance provided by CONTRACTOR as OWNER may
reasonably request.
ARTICLE 13 - WARRANTY AND GUARANTEE; TESTS AND INSPECTIONS;
CORRECTION, REMOVAL OR ACCEPTANCE OF DEFECTIVE WORK
Warranty and Guarantee:
13.1
CONTRACTOR warrants and guarantees to OWNER and ENGINEER that all Work will be in
accordance with the Contract Documents and will not be “Defective”. Prompt notice of all defects
actually discovered by ENGINEER shall be given to CONTRACTOR. All “Defective” Work, whether
or not in place, may be rejected, corrected or accepted as provided in this Article 13.
Access to Work:
13.2
ENGINEER and ENGINEER's representatives, other representatives of OWNER, testing agencies and
governmental agencies with jurisdictional interests will have access to the Work and materials and
equipment not incorporated in the Work but for which Application for Payment has been made by
CONTRACTOR at reasonable times for their observation, inspecting and testing. CONTRACTOR shall
provide proper and safe conditions for such access.
Tests and Inspections:
13.3
CONTRACTOR shall give ENGINEER timely notice of readiness of the Work for all required
inspections, tests or approvals.
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13.4
If Laws or Regulations of any public body having jurisdiction require any of the Work (or part thereof)
to specifically be inspected, tested or approved, CONTRACTOR shall assume full responsibility
therefore, 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 Supplier 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 inspections, tests and approvals in addition to the above
which are required by the Contract Documents shall be paid by OWNER (unless otherwise specified).
13.5
All inspections, tests or approvals other than those required by Laws or Regulations of any public body
having jurisdiction shall be performed by organizations acceptable to OWNER and CONTRACTOR (or
solely by ENGINEER if so specified).
13.6
If any Work (including the work of others) that is to be inspected, tested or approved is covered without
written concurrence of ENGINEER, it must, if requested by ENGINEER, be uncovered for observation.
Such uncovering shall be at CONTRACTOR's expense unless CONTRACTOR had given ENGINEER
timely notice of CONTRACTOR's intention to cover the same and ENGINEER has not acted with
reasonable promptness in response to such notice.
13.7 Neither observations by ENGINEER nor inspections, test or approvals by others shall relieve
CONTRACTOR from CONTRACTOR's obligations to perform the Work in accordance with the Contract
Documents.
Uncovering Work:
13.8
If any Work is covered contrary to the written instructions of ENGINEER, it must, if requested by
ENGINEER, be uncovered for ENGINEER's observation and replaced at CONTRACTOR's expense.
13.9
If ENGINEER considers it necessary or advisable that covered Work be observed by ENGINEER or
inspected or tested by others, CONTRACTOR, at ENGINEER's request, shall uncover, expose or
otherwise make available for observation, inspection or testing as ENGINEER may require, that portion
of the Work in question, furnishing all necessary labor, material and equipment. If it is found that such
Work is “Defective”, CONTRACTOR shall bear all direct, indirect and consequential costs of such
uncovering, exposure, observation, inspection and testing and of satisfactory reconstruction, (including
but not limited to fees and charges of engineers, architects, attorneys and other professionals), and
OWNER shall be entitled to an appropriate decrease in the Contract Price; and if the parties are unable
to agree as to the amount thereof, may make a claim therefore as provided in Article 10. 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; and, if the parties are unable to agree as to the
amount or extent thereof, CONTRACTOR may make a claim therefore as provided in Article 10 and
11.
OWNER May Stop the Work:
13.10 If the Work is "Defective", or CONTRACTOR fails to supply sufficient skilled workers or suitable
materials or equipment, or fails to furnish or perform the Work in accordance with the Contract
Documents or in such a way that the completed Work will not conform to the Contract Documents,
OWNER may order CONTRACTOR to stop the Work, or any portion thereof, until the cause for such
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order has been eliminated; however, this right of OWNER to stop the Work shall not give rise to any
duty on the part of OWNER to exercise this right for the benefit of CONTRACTOR or any other party.
If the OWNER stops Work under this paragraph, CONTRACTOR shall be entitled to no extension of
Contract Time or increase in Contract Price.
Correction or Removal of Defective Work:
13.11 If required by ENGINEER, CONTRACTOR shall promptly as directed, either correct all “Defective”
Work, whether or not fabricated, installed or completed, or if the Work has been rejected by
ENGINEER, remove it from the Project site and replace it with “non-Defective” Work.
CONTRACTOR shall bear all direct, indirect and consequential costs of such correction or removal
(including but not limited to fees and charges of engineers, architects, attorneys and other professionals)
made necessary thereby. If Defective work is rejected by ENGINEER, title to identifiable materials and
equipment which are a part of the Work that may have vested in the OWNER shall revert to the
CONTRACTOR until accepted by the ENGINEER and OWNER.
One Year Correction Period:
13.12 If within one (1) year after the date of Substantial Completion or such longer period of time as may be
prescribed by Laws or Regulations 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 Project 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, indirect and consequential costs of such removal and
replacement (including but not limited to fees and charges of engineers, architects, attorneys and other
professionals) will be paid by CONTRACTOR. In special circumstances where a particular item of
equipment is placed in continuous service before Substantial Completion of all the Work, the correction
period for that item may start to run from an earlier date if so provided in the Specifications or by
Written Amendment. Where “Defective” Work has been corrected, removed or replaced under this
paragraph, the correction period hereunder with respect to such Work shall be extended for an additional
period of (1) year after such correction or removal and replacement has been completed to the
OWNER’s satisfaction.
Acceptance of Defective Work:
13.13 If, instead of requiring correction or removal and replacement of “Defective” Work, OWNER (prior to
ENGINEER’s recommendation of final payment) prefers to accept it, OWNER may do so.
CONTRACTOR shall bear all direct, indirect and consequential costs attributable to OWNER's
evaluation of and determination to accept such "Defective" Work (such costs to be approved by
ENGINEER as to reasonableness and to include but not be limited to fees and charges of engineers,
architects, attorneys and other professionals). If any such acceptance occurs prior to ENGINEER's
recommendation of final payment, a Change Order will be issued incorporating the necessary revisions
in the Contract Documents with respect to the Work; and OWNER shall be entitled to an appropriate
decrease in the Contract Price, and, if the parties are unable to agree as to the amount thereof, OWNER
may make a claim therefore as provided in Article 10. If the acceptance occurs after such
recommendation, an appropriate amount will be paid by CONTRACTOR to OWNER.
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OWNER May Correct Defective Work:
13.14 If CONTRACTOR fails within a reasonable time after written notice of ENGINEER to proceed to
correct and to correct “Defective” Work or to remove and replace rejected Work as required by
ENGINEER in accordance with paragraph 13.11, or if CONTRACTOR fails to perform the Work in
accordance with the Contract Documents, or if CONTRACTOR fails to comply with any other
provision of the Contract Documents, OWNER may, after seven (7) days written notice to
CONTRACTOR, correct and remedy any such deficiency. In exercising the rights and remedies under
this paragraph OWNER shall proceed expeditiously. To the extent necessary to complete corrective and
remedial action, OWNER may exclude CONTRACTOR from all or part of the Project site, take
possession of all or part of the Work, and suspend CONTRACTOR's services related thereto, take
possession of CONTRACTOR's tools, appliances, construction equipment and machinery at the Project
site and incorporate in the Work all materials and equipment stored at the Project site or for which
OWNER has paid CONTRACTOR but which are stored elsewhere. CONTRACTOR shall allow
OWNER, OWNER's representatives, agents and employees such access to the Project site as may be
necessary to enable OWNER to exercise the rights and remedies under this paragraph. All direct,
indirect and consequential costs of OWNER in exercising such rights and remedies will be charged
against CONTRACTOR in an amount approved as to reasonableness by ENGINEER, and a Change
Order will be issued incorporating the necessary revisions in the Contract Documents with respect to the
Work; and OWNER shall be entitled to an appropriate decrease in the Contract Price, and, if the parties
are unable to agree as to the amount thereof, OWNER may make a claim therefore as provided in
Article 10. Such direct, indirect and consequential costs will include but not be limited to fees and
charges of engineers, architects, attorneys and other professionals, all court and arbitration costs and all
costs of repair and replacement of work of others destroyed or damaged by correction, removal or
replacement of CONTRACTOR's “Defective” Work. CONTRACTOR shall not be allowed an
extension of the Contract Time because of any delay in performance of the Work attributable to the
exercise by OWNER of OWNER's rights and remedies hereunder.
ARTICLE 14 - PAYMENTS TO CONTRACTOR AND COMPLETION
Schedule of Values:
14.1
The schedule of values established as provided in paragraph 2.9 will serve as the basis for progress
payments and will be incorporated into a form of Application for Payment with supporting
documentation all of which shall be acceptable to ENGINEER and OWNER. Progress payments on
account of Unit Price Work will be based on the number of units completed.
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Application for Progress Payment:
14.2
At least twenty (20) days before each progress payment is scheduled (but not more often than once a
month), CONTRACTOR shall submit to ENGINEER for review an Application for Payment filled out
and signed by CONTRACTOR covering the Work completed as of the date of the Application and
accompanied by such supporting documentation as is required by the Contract Documents. The
supporting documentation shall include, but shall not be limited to an affidavit of labor and materials
payment, a statement that certificates of insurance provided to OWNER are current or are new
certificates of insurance, and sales tax certificates applicable to all material and equipment for which
CONTRACTOR has requested payment from OWNER, all in a form satisfactory to OWNER. If
payment is requested on the basis of materials and equipment not incorporated in the Work but
delivered and suitably stored and protected from loss or damage at the Project site or at another location
agreed to in writing by OWNER, the Application for Payment shall also be accompanied by a bill of
sale, invoice and other documentation satisfactory to the OWNER and ENGINEER that evidences (i)
payment in full for the materials and equipment has been received by the Supplier, (ii) the materials and
equipment are covered by appropriate property insurance and other arrangements to protect any interest
of OWNER therein; all of which will be satisfactory to OWNER. The amount of retainage with respect
to progress payments will be as provided in Section 14.2.1 below, unless specifically modified in the
Supplementary Conditions.
14.2.1 Up until the project is project is 50% complete as determined by the Engineer, in addition to any
other remedy or right provided in this Agreement, the OWNER, may, at OWNER’S sole
discretion, retain from any Progress Payment an amount up to five percent (5.0%) of what
would be due as determined by the ENGINEER in paragraph 14.4, which retainage shall be
held by OWNER in a non-interest bearing account for remittance as part of the Final Payment
to CONTRACTOR as provided in paragraph 14.13. Once the project is 50% complete as
determined by the Engineer, no additional amounts may be retained from any Progress
Payments for work beyond 50% completion. The OWNER may at any time during the
CONTRACTOR’s performance of the Work discontinue the withholding of a retainage without
prejudice to the OWNER’S right to re-institute such withholding if OWNER becomes
dissatisfied at any time with CONTRACTOR’s performance of the Work.
CONTRACTOR's Warranty of Title:
14.3
CONTRACTOR warrants and guarantees that title to all Work, materials and equipment covered by any
Application for Payment, whether incorporated in the Project or not, will pass to OWNER no later than
the time of payment free and clear of all liens, charges, claims, security interests and encumbrances
(which are referred to in these General Conditions as “Liens”).
14.3.1 CONTRACTOR shall indemnify and save OWNER and the City harmless from all claims
growing out of the lawful demands of Subcontractors, laborers, workmen, mechanics, Suppliers,
materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all
supplies, including commissary, incurred in the furtherance of the performance of the Contract.
CONTRACTOR shall at OWNER’s request, furnish satisfactory evidence that all obligations of
the nature hereinabove designated have been paid, discharged or waived. If CONTRACTOR
fails to do so, then OWNER may, after having served written notice on the said
CONTRACTOR, either pay unpaid bills, of which OWNER has written notice, direct or
withhold from the CONTRACTOR’s unpaid compensation a sum of money deemed reasonably
sufficient to pay any and all such lawful claims until evidence is furnished to the OWNER,
which is satisfactory to the OWNER, that all liabilities have been fully discharged, whereupon
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payment to CONTRACTOR shall be resumed in accordance with the terms of this Contract, but
in no event shall the provisions of this sentence be construed to impose any obligations upon
OWNER to either CONTRACTOR or his Surety. Security is provided by the Performance and
Payment Bonds and the power of the OWNER to retain any monies for claims, but payment by
the OWNER in no way impairs or discharges the liability of the CONTRACTOR or Sureties
under the Bonds. In paying any unpaid bills of the CONTRACTOR, OWNER shall be deemed
the agent of CONTRACTOR and any payment so made by OWNER shall be considered as
payment made under the Contract by OWNER to CONTRACTOR and OWNER shall not be
liable to CONTRACTOR or Surety for any such payment made in good faith.
Review of Applications for Progress Payment:
14.4
ENGINEER will, within ten (10) days after receipt of each Application for Payment, either indicate in
writing a recommendation of payment and present the Application to OWNER, or return the
Application to CONTRACTOR indicating in writing ENGINEER's reasons for refusing to recommend
payment. In the latter case, CONTRACTOR may make the necessary corrections and re-submit the
Application. Ten (10) days after presentation of the Application for Payment with ENGINEER's
recommendation, the amount recommended will (subject to the provisions of paragraph 14.7) become
due and when due will be paid by OWNER to CONTRACTOR (except as provided in paragraph 14.2.1
for retainages).
14.5
ENGINEER's recommendation of any payment requested in an Application for Payment will constitute
a representation by ENGINEER to OWNER, based on ENGINEER's on-site observation of the Work in
progress as an experienced and qualified design professional and on ENGINEER's knowledge,
information and belief, the quality of the Work is in accordance with the Contract Documents (subject
to an evaluation of the Work as a functioning whole prior to or upon Substantial Completion, to the
results of any subsequent tests called for in the Contract Documents, to a final determination of
quantities and classifications for Unit Price Work under paragraph 8.10, and to any other qualifications
stated in the recommendation); and that CONTRACTOR is entitled to payment of the amount
recommended. However, by recommending any such payment ENGINEER will not thereby be deemed
to have represented that exhaustive or continuous on-site inspections have been made to check the
quality or the quantity of the Work beyond the responsibilities specifically assigned to ENGINEER in
the Contract Documents or that there may not be other matters or issues between the parties that might
entitle CONTRACTOR to be paid additionally by OWNER or OWNER to withhold payment to
CONTRACTOR.
14.6
ENGINEER's recommendation of final payment will constitute an additional representation by
ENGINEER to OWNER that the conditions precedent to CONTRACTOR being entitled to final
payment as set forth in paragraph 14.13 have been fulfilled.
14.7
ENGINEER may refuse to recommend the whole or any part of any payment if, in ENGINEER's
opinion, it would be incorrect to make such representations to OWNER. ENGINEER may also refuse to
recommend any such payment, or, because of subsequently discovered evidence or the results of
subsequent inspections or tests, nullify any such payment previously recommended, to such extent as
may be necessary in ENGINEER's opinion to protect OWNER from loss because:
14.7.1 The Work is "Defective", or completed Work has been damaged requiring correction or
replacement;
14.7.2 The Contract Price has been reduced by Written Amendment or Change Order;
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14.7.3 OWNER has been required to correct “Defective” Work or complete Work in accordance with
paragraph 13.14; or
14.7.4 Of ENGINEER's actual knowledge of the occurrence of any of the events enumerated in
paragraphs 15.2.1 through 15.2.15 inclusive.
In addition to retainages, OWNER may refuse to make payment of the full amount recommended at any
time by ENGINEER because claims have been made against OWNER for CONTRACTOR's failure to
perform in accordance with the Contract Documents or Liens have been filed in connection with the
Work or there are other items that entitle or may entitle OWNER to a set-off against the amount
recommended (including, without limitation, liquidated damages); but OWNER must give
CONTRACTOR written notice (with a copy to ENGINEER) stating the reasons for such action.
Substantial Completion:
14.8
When CONTRACTOR considers the entire Work ready for its intended use, CONTRACTOR shall
notify OWNER and ENGINEER in writing that the entire Work is substantially complete (except for
items specifically listed by CONTRACTOR as incomplete) and request that ENGINEER issue a
certificate of Substantial Completion. Within a reasonable time thereafter, OWNER, CONTRACTOR
and ENGINEER shall make an inspection of the Work to determine the status of completion. If
ENGINEER does not consider the Work substantially complete, ENGINEER will notify
CONTRACTOR in writing giving the reasons therefore. If ENGINEER considers the Work
substantially complete, ENGINEER will prepare and deliver to OWNER a tentative Certificate of
Substantial Completion which shall fix the date of Substantial Completion. There shall be attached to
the Certificate a tentative list of items to be completed or corrected before final payment. OWNER shall
have ten (10) days after receipt of the tentative Certificate of Substantial Completion to make written
objection to ENGINEER as to any provisions of the tentative Certificate or the attached list. If, after
considering such objections, ENGINEER concludes that the Work is not substantially complete,
ENGINEER will within fourteen (14) days after submission of the tentative Certificate of Substantial
Completion to OWNER notify CONTRACTOR in writing, stating the reasons therefore. If, after
consideration of OWNER’s objections, ENGINEER considers the Work substantially complete
ENGINEER will within fourteen (14) days execute and deliver to OWNER and CONTRACTOR a
definitive Certificate of Substantial Completion (with a revised tentative list of items to be completed or
corrected) reflecting such changes from the tentative Certificate of Substantial Completion as
ENGINEER concludes are justified upon consideration of OWNER’s objections. At the time of delivery
of the tentative 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 to security, operation, safety, maintenance, heat,
utilities, insurance and warranties. Unless OWNER and CONTRACTOR otherwise agree in writing and
so inform ENGINEER prior to ENGINEER's issuing the definitive certificate of Substantial
Completion, ENGINEER's aforesaid recommendation will be binding on OWNER and CONTRACTOR
until final payment.
14.9
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 tentative list.
Partial Utilization:
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14.10 Use by OWNER of any finished part of the Work, which has specifically been identified in the Contract
Documents, or which OWNER, ENGINEER and CONTRACTOR agree constitutes a separately
functioning and usable part of the Work that can be used by OWNER without significant interference
with CONTRACTOR's performance of the remainder of the Work, may occur prior to Substantial
Completion of all the Work subject to the following:
14.10.1 OWNER at any time may request CONTRACTOR in writing to permit OWNER to use any
such part of the Work which OWNER believes to be ready for its intended use and
substantially complete. 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 certificate of Substantial Completion for that part of the Work. CONTRACTOR at
any time may notify OWNER and ENGINEER in writing that CONTRACTOR considers any
such part of the Work ready for its intended use and substantially complete and request
ENGINEER to issue a certificate of Substantial Completion for that part or the Work. Within a
reasonable time after either such request, OWNER, CONTRACTOR and ENGINEER shall
make an inspection of that part of the Work to determine its status of completion. If
ENGINEER does not consider that part of the Work to be substantially complete, ENGINEER
will notify OWNER and CONTRACTOR in writing giving the reasons therefore. If
ENGINEER considers that part of the Work to be substantially complete, the provisions of
paragraphs 14.8 and 14.9 will apply with respect to certification of Substantial Completion of
that part of the Work and the division of responsibility in respect thereof and access thereto.
14.10.2 OWNER may at any time request CONTRACTOR in writing to permit OWNER to take over
operation of any such part of the Work although it is not substantially complete. A copy of
such request will be sent to ENGINEER and within a reasonable time thereafter OWNER,
CONTRACTOR and ENGINEER shall make an inspection of that part of the Work to
determine its status of completion and will prepare a list of the items remaining to be
completed or corrected thereon before final Payment. If CONTRACTOR does not object in
writing to OWNER and ENGINEER that such part of the Work is not ready for separate
operation by OWNER, ENGINEER will finalize the list of items to be completed or corrected
and will deliver such list to OWNER and CONTRACTOR together with a written
recommendation as to the division of responsibilities pending final payment between OWNER
and CONTRACTOR with respect to security, operation, safety, maintenance, utilities,
insurance, warranties and guarantees for that part of the Work which will become binding
upon OWNER and CONTRACTOR at the time when OWNER takes over such operation
(unless they shall have otherwise agreed in writing and so informed ENGINEER). During such
operation and prior to Substantial Completion of such part of the Work, OWNER shall allow
CONTRACTOR reasonable access to complete or correct items on said list and to complete
other related Work.
14.10.3 No occupancy or separate operation of part of the Work will be accomplished prior to
compliance with the requirements contained in this paragraph 14.10.
Final Inspection:
14.11 Upon written notice from CONTRACTOR that the entire Work or an agreed portion thereof is
complete, 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.
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Final Application for Payment:
14.12 After CONTRACTOR has completed all such corrections to the satisfaction of ENGINEER and
delivered all maintenance and operating instructions, schedules, guarantees, Bonds, certificates of
insurance, certificates of inspection, marked-up record documents (as provided in paragraph 5.21) 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 paragraph 14.16), 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, 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 releases and receipts
include all labor, services, material and equipment for which a Lien could be filed, and that all payrolls,
material and equipment bills, and other indebtedness connected with the Work for which OWNER or
OWNER's property might in any way be responsible, have been paid in full or otherwise satisfied; and
consent of the Surety, if any, to final payment. If any Subcontractor or Supplier fails to furnish a release
or receipt in full, CONTRACTOR may furnish a bond or other collateral satisfactory to OWNER to
indemnify OWNER against any Lien.
Final Payment and Acceptance:
14.13 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 accompanying documentation, all as
required by the Contract Documents, ENGINEER is satisfied that the Work has been completed and
CONTRACTOR's other obligations under the Contract Documents have been fulfilled, ENGINEER
will, within ten (10) days after receipt of the final Application for Payment, indicate in writing
ENGINEER's 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 the provisions of paragraph 14.16. Otherwise, ENGINEER 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 re-submit the
Application. Thirty (30) days after presentation to OWNER of the Application and accompanying
documentation, in appropriate form and substance, and with ENGINEER's recommendation and notice
of acceptability, the amount recommended by ENGINEER, including all retainages withheld pursuant to
paragraph 14.2.1, will become due and will be paid by OWNER to CONTRACTOR.
14.14 If, through no fault of CONTRACTOR, final completion of the Work is significantly delayed and if
ENGINEER so confirms, OWNER shall, upon receipt of CONTRACTOR's final Application for
Payment and recommendation of ENGINEER, and without terminating the Agreement, make payment
of the balance due for that portion of the Work fully completed and accepted. If the remaining balance
to be held by OWNER for Work not fully completed or corrected is less than the retainage stipulated in
the Agreement, and if Bonds have been furnished as required in paragraph 12.4.1, the written consent of
the Surety to the payment of the balance due for that portion of the Work fully completed and accepted
shall be submitted by CONTRACTOR to ENGINEER with the Application for such payment. Such
payment shall be made under the terms and conditions governing final payment, except that it shall not
constitute a waiver of claims.
CONTRACTOR's Continuing Obligation:
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14.15 CONTRACTOR's obligation to perform and complete the Work in accordance with the Contract
Documents shall be absolute. Neither recommendation of any progress nor 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 any review and
approval of a Shop Drawing or Sample submission, nor the issuance of a notice of acceptability by
ENGINEER pursuant to paragraph 13.13, nor any correction of “Defective” WORK by OWNER will
constitute an acceptance of Work not in accordance with the Contract Documents or a release of
CONTRACTOR's obligation to perform the Work in accordance with the Contract Documents (except
as provided in paragraph 14.16).
Waiver of Claims:
14.16 The Making and Acceptance of Final Payment Will Constitute:
14.16.1 A waiver of all claims by OWNER against CONTRACTOR, except claims arising from
unsettled Liens, from "Defective" Work appearing after final inspection pursuant to paragraph
13.11 or from failure to comply with the Contract Documents or the terms of any special
guarantees specified therein; however, it will not constitute a waiver by OWNER of any rights
in respect of CONTRACTOR's continuing obligations under the Contract Documents; and
14.16.2 A waiver of all claims by CONTRACTOR against OWNER other than those previously made
in writing and still unsettled.
ARTICLE l5 - SUSPENSION OF WORK AND TERMINATION
OWNER May Suspend Work:
15.1
OWNER may, at any time and without cause, suspend the Work or any portion thereof for a period of
not more than ninety (90) days by notice in writing to CONTRACTOR and ENGINEER which will fix
the date on which Work will be resumed. The period may be extended by OWNER in excess of ninety
(90) days if suspension of the Work is a result of the CONTRACTOR being in default under paragraph
15.2 of these General Conditions. CONTRACTOR shall resume the Work on the date fixed by the
OWNER. CONTRACTOR shall be allowed an increase in the Contract Price or an extension of the
Contract Time, or both, directly attributable to any suspension, if CONTRACTOR makes a claim
therefore which is approved as provided in Articles 10 and 11.
OWNER May Terminate:
15.2
Upon the occurrence of any one or more of the following events of default the OWNER may terminate
the Agreement:
15.2.1 If CONTRACTOR commences a voluntary case under any chapter of the Bankruptcy Code
(Title 11, United States Code), as now or hereafter in effect, or if CONTRACTOR takes any
equivalent or similar action by filing a petition or otherwise under any other federal or state law
in effect at such time relating to the bankruptcy or insolvency;
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15.2.2
If a petition is filed by or against CONTRACTOR under any chapter of the Bankruptcy Code
as now or hereafter in effect at the time of filing, or if a petition is filed seeking any such
equivalent or similar relief against CONTRACTOR under any other federal or state law in
effect at the time relating to bankruptcy or insolvency;
15.2.3
If CONTRACTOR makes a general assignment for the benefit of creditors;
15.2.4
If a trustee, receiver, custodian or agent of CONTRACTOR is appointed under applicable law
or under contract whose appointment or authority to take charge of property of
CONTRACTOR is for the purpose of enforcing a Lien against such property or for the
purpose of general administration of such property for the benefit of CONTRACTOR's
creditors;
15.2.5
If CONTRACTOR admits in writing an inability to pay its debts generally as they become
due;
15.2.6
If CONTRACTOR persistently fails to perform the Work in accordance with the Contract
Documents (including, but not limited to, failure to supply sufficient skilled workers or
suitable materials or equipment or failure to adhere to the progress schedule established under
paragraph 2.9 as revised from time to time);
15.2.7
If CONTRACTOR disregards Laws or Regulations of any public body having jurisdiction;
15.2.8
If CONTRACTOR disregards the authority of ENGINEER;
15.2.9
If CONTRACTOR otherwise violates in any substantial way any provisions of the Contract
Documents;
15.2.10 If CONTRACTOR abandons the Work or sublets this Contract or any part thereof, without the
prior written consent of OWNER, or if the Contract or any claim thereunder shall be assigned
by CONTRACTOR other than as herein specified;
15.2.11 If CONTRACTOR shall without just cause reduce his working force to a number which, if
maintained, would be insufficient, in the opinion of the ENGINEER to complete the Work in
accordance with the approved time Progress schedule, and shall fail or refuse to sufficiently
increase such working force when ordered to do so by the Engineer;
15.2.12 If the ENGINEER shall be of the opinion that the CONTRACTOR is or has been willfully or
in bad faith violating any of the provisions of this Agreement; or
15.2.13 If the ENGINEER shall be of the opinion that the CONTRACTOR is not or has not been
executing the Agreement in good faith and in accordance with its terms.
15.3
Where CONTRACTOR's services have been terminated by OWNER as set forth in this Article 15, the
termination will not affect any rights or remedies of OWNER against CONTRACTOR and/or its Surety
then existing or which may thereafter accrue under the Contract Documents, all of which shall survive
termination of the Agreement. Any retention or payment of monies due CONTRACTOR by OWNER
will not release CONTRACTOR from liability.
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15.4
Upon seven (7) 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, unless otherwise provided in this Agreement, CONTRACTOR shall be paid
for all Work executed in conformity with Contract Documents and any expense incurred in connection
with performing the Work.
CONTRACTOR May Stop Work or Terminate:
15.5
If, through no act or fault of CONTRACTOR, the Work is suspended for a period of more than ninety
(90) 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 (30) days after it is submitted, or OWNER fails for thirty (30)
days to pay CONTRACTOR any sum finally determined to be due (except as otherwise permitted under
the Contract Documents), then CONTRACTOR may, upon seven (7) days written notice to OWNER
and ENGINEER, terminate the Agreement and recover from OWNER payment for all Work executed
in accordance with the Contract Documents and any related expense actually incurred plus reasonable
termination expenses. In addition and in lieu of terminating the Agreement, if ENGINEER has failed to
act on an Application for Payment or OWNER has failed to make any payment as aforesaid,
CONTRACTOR may upon seven (7) days written notice to OWNER and ENGINEER stop the Work
until payment of all amounts then due. The provisions of this paragraph shall not relieve
CONTRACTOR of the obligations under paragraph 5.30 to carry on the Work in accordance with the
progress schedule and without delay during disputes and disagreements with OWNER.
15.6
Notice of Default, Completion of Work.
15.6.1 Before OWNER shall exercise its right to declare CONTRACTOR in default by reason of one
or more of the conditions set forth in paragraph 15.2 of these General Conditions or the
Contract Documents, it shall give CONTRACTOR seven (7) calendar days written notice of its
intention to declare CONTRACTOR in default and unless, within such seven (7) day period,
CONTRACTOR shall have made arrangements, satisfactory to OWNER, to correct and/or
eliminate the conditions set forth in OWNER’s aforesaid notice, CONTRACTOR may be
declared in default and OWNER may terminate the Contract at the expiration of such seven (7)
day period or at the expiration of such longer period of time as OWNER may in OWNER’s sole
discretion determine.
15.6.2 The right to declare the CONTRACTOR in default for any of the grounds specified or referred
to shall be exercised by OWNER by sending CONTRACTOR a written notice setting forth the
ground or grounds upon which such default is declared. Upon the Contract being terminated,
CONTRACTOR shall immediately discontinue all further operations under the Agreement and
shall immediately quit the Project site, leaving untouched but in a secure state all plant,
materials, equipment, tools, and supplies then on the Project site except as OWNER may
otherwise direct.
15.6.3 OWNER, after declaring CONTRACTOR in default and terminating the Contract, may then
have the Work completed by such means and in such manner, by agreement, with or without
public letting, or otherwise, as OWNER may deem advisable, utilizing for such purpose such of
CONTRACTOR’s plant, materials, equipment, tools and supplies remaining on the Project site,
and also such Subcontractors as it may deem advisable, or OWNER may call upon
CONTRACTOR’s Surety at Surety’s own expense to do so.
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15.6.4 In the event that OWNER declares CONTRACTOR in default of the Work or any part of the
Work, CONTRACTOR, in addition to any other liability to OWNER hereunder or otherwise
provided for or allowed by law, shall be liable to OWNER for any and all costs for additional
advisory, engineering and/or other professional services and attorneys fees and any costs of
rebidding the work incurred by OWNER in connection with the default, and the total amount of
liquidated damages from the date when the Work should have been completed by
CONTRACTOR in accordance with the terms of the Contract Documents to the date the Work
is actually completed. These items shall be considered expenses incurred by OWNER in
completing the Work, and OWNER may deduct such amounts out of any earned and unearned
funds payable to CONTRACTOR under the terms of the Agreement. Any retention or payment
of monies due CONTRACTOR by OWNER shall not release CONTRACTOR or Surety from
any liability to OWNER under the Contract Documents.
15.6.5 If OWNER completes the Work after the CONTRACTOR’s default, the OWNER shall issue a
certificate stating the expenses incurred in completing the Agreement. Such certificate shall be
final, binding and conclusive upon CONTRACTOR, its Surety, and any person claiming under
or through CONTRACTOR as to the amount thereof. Should the expense of such completion
exceed the total sum which would have been payable under the Agreement if the same had been
completed by CONTRACTOR, any such excess shall be paid by CONTRACTOR to OWNER
upon demand.
15.6.6 In the event OWNER shall complete the Work without calling upon CONTRACTOR’s Surety
to do so, CONTRACTOR shall not be entitled, from and after the effective date of the
declaration of the default, to receive any further payment under the Contract Documents, if any
further payment is due, until the Work shall be wholly completed and accepted by ENGINEER
and OWNER.
15.6.7 In case OWNER shall declare CONTRACTOR in default as to a part of the Work only,
CONTRACTOR shall discontinue such part, shall continue performing the remainder of the
Work in strict conformity with the terms of the Contract Documents, and shall in no way hinder
or interfere with any other contractors completing that portion of the Work for which
CONTRACTOR was declared in default.
15.6.8 The provisions relating to declaring CONTRACTOR in default as to the entire Work shall be
equally applicable to a declaration of partial default, except that OWNER shall be entitled to
utilize for completion of the part of the Work as to which CONTRACTOR was declared in
default such plant, materials, equipment, tools and supplies as OWNER may direct.
15.6.9 In completing the whole or any part of the Work, ENGINEER and OWNER shall have the
power to depart from or change or vary the terms and provisions of the Contract Documents,
provided that such departure, change or variation is made for the purpose of reducing time or
expense of such completion. Such departure, change or variation, even to the extent of
accepting a lesser or different performance, shall not affect the conclusiveness of the OWNER’s
certificate of the cost of completion, nor shall it constitute a defense to any action to recover the
amount by which such certificate exceeds the amount which would have been payable to
CONTRACTOR hereunder but for its default.
ARTICLE 16 - MISCELLANEOUS
Giving Notice:
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16.1
Whenever any provision of the Contract Documents requires the giving of written notice, it will be
deemed to have been validly given if delivered in person to the individual or to a member of the
partnership or to an officer of the corporation for whom it is intended, or if delivered at or sent by
registered or certified mail, postage prepaid, to the last business address known to the giver of the
notice.
Computation of Time:
16.2.1 When any period of time is referred to in the Contract Documents by days, it will be computed
to exclude the first and include the last day of such period. If the last day of any such period
falls on a Saturday or Sunday or on a day made a legal holiday by the law of the applicable
jurisdiction, such day will be omitted from the computation.
16.2.2 A calendar day of twenty-four (24) hours measured from midnight to the next midnight shall
constitute a day.
General:
16.3
Should OWNER or CONTRACTOR suffer injury or damage to person or property because of any error,
omission or act of the other party or of any of the other Party’s employees or agents or others for whose
acts the other party is legally liable, claim will be made in writing to the other party within a reasonable
time of the first observance of such injury or damage. The provisions of this paragraph 16.3 shall not be
construed as a substitute for or waiver of the provisions of any applicable statute of limitations or
repose.
16.4
The duties and obligations imposed by these General Conditions and the rights and remedies available
hereunder to the parties hereto, and, in particular but without limitation, the warranties, guarantees and
obligations imposed upon CONTRACTOR by paragraphs 5.31, 13.1, 13.12, 13.13, 13.14, 14.3, and
15.2 and all of the rights and remedies available to OWNER and ENGINEER thereunder, are in addition
to, and are not to be construed in any way as a limitation of, any rights and remedies available to any or
all of them which are otherwise imposed or available by Laws or Regulations, by special warranty or
guarantee or by other provisions of the Contract Documents, and the provisions of this paragraph will be
as effective as if repeated specifically in the Contract Documents in connection with each particular
duty, obligation, warranty and guaranty. Warranties and guarantees made in the Contract Documents
will survive final payment and termination or completion of the Agreement.
16.5
Neither the inspection by the ENGINEER, OWNER, or any of OWNER’s employees nor any payment
for, nor acceptance of the Work in whole or in part, nor any extension of time, nor any possession by the
OWNER of all or any portion of the Work shall operate as a waiver of any provision of this Agreement,
or of any power herein reserved to the OWNER for any right to damages herein provided, nor shall any
waiver of any breach of the Agreement or default be held to be a waiver of any other subsequent breach
or default. All remedies provided in this Agreement to the OWNER shall be taken and construed as
cumulative; that is, in addition to each and every other remedy, herein and by law provided.
16.6
The terms and conditions of the Agreement, General Conditions and Supplementary General Conditions
are intended to be complementary. In the event of any conflict, the terms of the Supplementary General
Conditions shall control and take precedence over the terms of the Agreement and the General
Conditions, and the terms of the Agreement shall control and take precedence over the terms of these
General Conditions.
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16.7
Both the address given in the Bid Form upon which this Agreement is founded, and CONTRACTOR’s
office at or near the site of the Work are hereby designated as places to either of which notices, letters,
and other communications to CONTRACTOR shall be certified, mailed, or delivered. The delivering at
the above named place, or depositing in a postpaid wrapper directed to the first-named place, in any post
office box regularly maintained by the post office department, of any notice, letter or other
communication to CONTRACTOR shall be deemed sufficient service thereof upon CONTRACTOR;
and the date of said service shall be the date of such delivery or mailing. The first-named address may
be changed at any time by an instrument in writing, executed and acknowledged by CONTRACTOR,
and delivered to OWNER and ENGINEER. Nothing herein contained shall be deemed to preclude or
render inoperative the service of any notice, letter or other communication upon CONTRACTOR
personally by and through an officer of CONTRACTOR, if corporate.
16.8
Except as otherwise stated in the Contract Documents, the form of all submittals, notices, Change
Orders and other documents permitted or required to be used or transmitted under the Contract
Documents shall be determined by ENGINEER.
**END OF SECTION**
General Conditions 2002
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SECTION 01231
SUPPLEMENTARY GENERAL & SPECIAL CONDITIONS
North Fork Dam Intake Tower and Conduit Repairs
These Supplementary General & Special Conditions supplement the General Conditions and in the case
of any conflict between the two, these Supplementary General & Special Conditions shall control.
Paragraph designations appearing in these Supplementary General Conditions refer to the Articles and
paragraph numbers of the General Conditions, except where otherwise stated. The terms used herein shall
be as defined in the General Conditions unless otherwise stated.
ARTICLE 1 - DEFINITIONS
Add at the end of the DEFINITIONS section, add the following:
ENGINEER's CONSULTANT-An individual or entity having a contract with ENGINEER to furnish
services as ENGINEER's independent professional associate or consultant with respect to the Project.
DRAWINGS. The Drawings for the Work are those drawings prepared or approved by the ENGINEER,
dated and sealed May 2, 2014, with sheets numbered 1 through 21.
HAZARDOUS ENVIRONMENTAL CONDITION – The presence of Asbestos, PCB’s, Petroleum, or
Hazardous Waste in such quantities at the site that may present a substantial danger to persons or property
exposed thereto.
HAZARDOUS WASTE – The term Hazardous Waste is defined in Section 1004 of the Solid Waste
Disposal Act (42 USC Section 6903) as amended from time to time.
ARTICLE 2 – PRELIMINARY MATTERS
Add a paragraph 2.10 and 2.11 as follows:
Time for Completion and Liquidated Damages:
2.10
The Contract Time under this Agreement shall be
150
days from the date of the
Notice to Proceed. The CONTRACTOR acknowledges that the Contract Time is reasonable for
completion of the Work under the Agreement taking into consideration the average climactic
range and construction conditions prevailing in this locality and the CONTRACTOR will be in
default under the terms of the Agreement if the Work is not complete within the Contract Time.
The CONTRACTOR further acknowledges and agrees that time is of the essence under the
Agreement, and in the event the CONTRACTOR does not complete the Work on or before the
end of the Contract Time, then the OWNER will sustain substantial damages which are of a type
and nature that are not readily ascertainable and impractical to fix given the general public
purpose for which the Project is intended. Therefore, the CONTRACTOR agrees to pay the
OWNER, as liquidated damages and not as a penalty, the sum of One Thousand Eight Hundred
Dollars ($1,800.00) for each and every calendar day after the last day of the Contract Time that
all the Work is not complete. In addition to any retainages as set forth in paragraph 14.2.1 or as
otherwise provided in paragraph 14.7, the OWNER shall be entitled to withhold from any
payment otherwise due the CONTRACTOR an amount equal to the amount then due the
OWNER from the CONTRACTOR for the liquidated damages described herein as well as such
amount as the ENGINEER reasonably projects as additional liquidated damages that will be due
the OWNER until all the Work is complete. The ENGINEER may also refuse to recommend
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payment to the Contractor in accordance with Paragraph 14.7 for the amount the ENGINEER
projects will be liquidated damages due the OWNER by the CONTRACTOR for
CONTRACTOR’S failure to complete all the Work within the Contract Time.
ARTICLE 6 – OTHER WORK
Replace SECTION 6.5, with the following:
The CONTRACTOR will be responsible for all work and will act as Construction Coordinator.
ARTICLE 12 – INSURANCE AND BONDS
Section 12.1, CONTRACTOR’S Liability Insurance
The insurance required by paragraphs 12.1.4.1 through 12.1.4.3 shall include the OWNER, ENGINEER,
and ENGINEER’S CONSULTANTS as additional insured.
Delete subsections 12.1.1, including subsections 12.1.1.1; 12.1.1.2; 12.1.1.3; 12.1.1..4; 12.1.1.5; 12.1.1.6;
12.1.1.7; 12.1.2; 12.1.3; 12.1.4; 12.1.4.1; 12.1.4.2; 12.1.4.3; 12.1.4.4; 12.1.4.5 in their entirety and
substitute in lieu thereof the following:
12.1.1 Contractor shall purchase and maintain such comprehensive general liability and other insurance
as is appropriate for the Work being performed which will provide protection from claims set
forth below which may arise out of or result from Contractor’s other obligations under the
Contract Documents, whether it is to be performed or furnished by Contractor, by any Subcontractor, by anyone directly or indirectly employed by any of them to perform or furnish any of
the work, or by anyone for those acts any of them may be liable:
12.1.1.1Claims under workers’ compensation, disability benefits and other similar employee
benefit acts;
12.1.1.2Claims for damages because of bodily injury, occupational
sickness or disease, or death of Contractor’s employees;
12.1.1.3Claims for damages because of bodily injury, sickness or disease,
or death of any person other than Contractor’s employees;
12.1.1.4Claims for damages insured by personal injury liability coverage
which are sustained (i) by any persona as a result of an offense directly or
indirectly related to the employment of such person by Contractor; or (ii) by any
other person for any other reason;
12.1.1.5Claims for damages, other than to the Work itself, because of
injury to or destruction of tangible property wherever located, including loss of
use resulting therefrom;
12.1.1.6Claims arising out of operation of laws or regulations for damages
because of bodily injury or death or any person or for damage to property;
12.1.1.7Claims for damages because of bodily injury or death, or any
person or property damage arising out of the ownership, maintenance or use of
any motor vehicle; and
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12.1.1.8Claims involving contractual liability insurance applicable to the
Contractor’s obligations under paragraphs 5.31 and 5.32
12.1.2 The insurance required by subsection 12.1.1 shall include the specific coverage and be
written for not less than the limits of liability and coverage provided in the subsection
12.1.3, or required by law, whichever is greater. The comprehensive general liability
insurance shall include completed operations insurance and X,C,U coverage. Contractor
shall maintain such completed operations insurance for at least two years after final
payment and furnish Owner with evidence of continuation of such insurance at final
payment and one year thereafter. The CONTRACTOR agrees to keep and maintain for
the duration of this Agreement including but not limited to commercial general liability,
automobile liability, workers’ compensation, employer’s liability, environmental liability
and umbrella coverage with at least the minimum amounts shown below. The
CONTRACTOR shall furnish the City with certificates of insurance for each type of
insurance described herein, with the City named as Certificate Holder and as an
additional insured on the CONTRACTOR’s general liability and auto liability policies
and provide a waiver of subrogation on the CONTRACTOR’s workers’ compensation
policy. In the event of bodily injury or property damage loss caused by
CONTRACTOR’s negligent acts or omissions in connection with CONTRACTOR’s
services performed under this Agreement, the CONTRACTOR’s Liability insurance shall
be primary and non-contributory with respect to any other insurance which may be
available to the City, regardless of how the “Other Insurance” provisions may read. In
the event of cancellation, substantial changes or nonrenewal, the CONTRACTOR and
CONTRACTOR’s insurance carrier shall give the City at least thirty (30) days prior
written notice. No work shall be performed until the CONTRACTOR has furnished to
the City the above referenced certificates of insurance, in a form suitable to the City.
Upon request, the CONTRACTOR shall provide copies of their insurance policies and
endorsements.
12.1.3 The insurance required by subsection 12.1.1 shall be written for not less than the
following minimum limits:
12.1.3.1
Workers’ Compensation and Employer’s Liability
(i) Workers’ Compensation
$500,000 statutory minimum
(ii) Employer’s liability:
$500,000 each accident
$500,000 total disease
$500,000 per employee disease
12.1.3.2
Commercial General liability:
(i) General Aggregate
(ii) Each Occurrence
(iii) Products/Completed Operations
12.1.3.3
Commercial Auto Liability:
Combined Single Limit
$2,000,000
$1,000,000
$2,000,000(aggregate)
$1,000,000
12.1.3.4
Excess (Umbrella) Liability:
$5,000,000
12.1.4.5
Environmental/Pollution Liability:
$1,000,000
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12.1.4 Contractor shall purchase and maintain the same type of “all risk” insurance for portions
of the Work stored off the site or in transit when such portions of the Work are to be included in an
application for payment. The Contractor shall be responsible for the payment of any deductible amounts
associated with this insurance.
12.1.4.1All of the policies of insurance (or the certificates or other evidence thereof) required to
be purchased and maintained by Contractor in accordance with subs-sections 12.1.1 through 12.1.4 shall
contain a provision or endorsement that the coverage afforded will not be canceled or materially changed
or renewal refused until at least thirty (30) days prior written notice has been given to Owner by certified
mail and will contain waiver provisions in accordance with sub-section 12.1.4.4. All such insurance shall
be secured prior to the date of commencement of the Work and shall remain in effect until final payment
and at all times thereafter when Contractor may be correcting, removing or replacing defective Work in
accordance with Articles 12 and 13 and for such other time as may be required by the Contract
Documents.
12.1.4.2All the policies of insurance (or the certificates or other evidence thereof) required to be
purchased and maintained by Contractor in accordance with sub-section 12.1.1 through 12.1.4 shall
include the interests of the Owner who shall be listed as Certificate Holder and ADDITONAL INSURED
on Contractor’s general liability and auto liability policies (or the certificates or other evidence thereof).
Those certificates must be evidenced to the Owner on a form or forms acceptable to the Owner.
12.1.4.3Contractor shall cause its insurer(s) to issue a general endorsement (form CG20 10), or
specific amendatory endorsement naming the City of Asheville as an additional insured, without
limitation for general liability and auto liability with regard to this Contract.
12.1.4.4Contractor shall provide the owner a waiver of subrogation on Contractor’s workers’
compensation policy.
12.1.4.5All the policies of insurance (or the certificates or other evidence thereof required to be
purchased and maintained by Contractor in accordance with sub-sections 12.1.1 through 12.1.4 shall
contain provisions to the effect that in the event of payment of any loss or damage, the insurer will have
no rights of recovery against any of the parties named as insured or as an additional insured. If the
insurers require separate waiver forms to be signed by any subcontractor or other parties, contractor will
obtain the same.
Section 12.2 [Section deleted]
Section 12.4
Delete subsections 12.4.1 and 12.4.2 in their entirety, and substitute in lieu thereof the following:
12.4.1 The Contactor shall furnish Performance and Payment Bonds, each in an amount 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 when final payment becomes due; except as
otherwise provided by law or regulation or by the Contract Documents and be executed
by such sureties legally authorized to do business in the State of North Carolina and as
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 by the U.S. Treasury Department. All bonds signed by an agent must be
accompanied by a certified copy of the authority to act.
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12.4.2 If the surety on any Bond furnished by Contractor declares bankruptcy or becomes
insolvent or its right to do business is terminated in any state where any part of the
Project is located or if it ceases to meet the requirements of subsection 12.4, Contractor
shall within five days thereafter substitute another bond and surety, both of which must
be acceptable to Owner.
Section 12.5
Delete in its entirety section 12.5
These above Supplementary Conditions are part of the Contract Documents for the Project known as
North Fork Dam Intake Tower and Conduit Repairs, and the Contractor agrees to be bound by
said conditions as same is incorporated into the Agreement.
The following Special Conditions also apply.
1. Liquidated Damages for Work on the Raw Water Line
Portions of the 36” diameter raw water line within the conduit are scheduled to be
modified/replaced as part of the Work. The raw water line is a critical part of the water supply
infrastructure as the majority of the drinking water for the City of Asheville is transmitted
through that line. A maximum 8 hour outage will be allotted for the work on the 36” raw water
line. The outage will begin when the City is no longer able to transmit water through the line and
the outage will end when the City is able to resume drawing water through the line. The OWNER
will sustain substantial damages which are of a type and nature that are not readily ascertainable
and impractical to fix given the general public purpose for which the Project is intended.
Therefore, the CONTRACTOR agrees to pay the OWNER, as liquidated damages and not as a
penalty, the sum of Two Thousand Dollars ($2000.00) for each hour the outage lasts past the
allocated eight hours up until twelve hours and Ten Thousand Dollars ($10,000.00) for each hour
after that until the end of the outage.
2. Insurance Submittals for Contractor Required to Execute Contract:
a. Submit a COI listing the City as Certificate Holder (COA, PO Box 7148, AVL, 28802)
and list the City as additional insured on their General Liability and Auto Liability
policies. In addition, submit a Waiver of Subrogation for the City on Contractor’s
Workers’ Compensation policy.
b. COI Limits need to reflect High Risk Profile column on City insurance matrix, titled City
of Asheville Minimum Insurance Requirements Effective March 2014.
3. Contractor to call NC One Call (811) & PSNC for known locations of buried utilities.
4. The information relative to existing structures, apparent and latent conditions, and natural
phenomena, as furnished to the Contractor on the Drawings, in the Contract Documents, or by the
Owner or the Engineer, carries no guarantee expressed or implied as to its completeness or
accuracy, and he has made due allowance therefore. Archival as-built documents prepared in the
1950’s of 36-inch transmission main and existing water system are provided as also but no
guarantee is expressed or implied as to their completeness or accuracy at the time of preparation
or currently.
5. Contractor will furnish all of the materials, supplies, tools, equipment, labor, and other
services necessary for the construction and completion of the PROJECT described herein. The
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unit prices shall include all labor, materials, dewatering, shoring, removal, overhead, profit,
insurance, taxes, fees, etc., to cover the finished work of the several kinds called for.
Contractor shall furnish and assume full responsibility for all materials, equipment, labor
transportation, construction equipment and machinery, tools, appliances, fuel, electric power,
light, heat, telephone, water, sanitary facilities, temporary facilities and all other facilities and
incidentals necessary for the furnishing, performance, testing, start-up, protection and completion
of the Work.
6. Contractor to immediately repair any breaks in existing water lines encountered during
construction.
7. Owner will provide survey control points within or adjacent to project area but Contractor is
responsible for construction stakeout and any additional survey requirements for construction of
the project. Owner will provide 2013 Civil 3D digital copies of construction drawings if desired
by the Contractor for construction layout. Any surveying by the Contractor is incidental to the
unit costs in the bid schedule pay items.
In areas where connections to existing waterlines are designated (either by tapping sleeve or cut-ins), the
connection fitting details are not shown on the plan. The Contractor is responsible for the details of the
fittings and connections. The connection specifics are subject to approval by the assigned City
construction observer and must be in accordance with City standards.
**END OF SECTION**
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SECTION 01234
ADDENDA
Copies of addenda to be inserted here.
**END OF SECTION**
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