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ADVERTISEMENT FOR BIDS
BURNT MILL ROAD OVER WOODCOCK CREEK
CONSTRUCTION OF SINGLE SPAN TIMBER
BRIDGE AND ROADWAY RECONSTRUCTION
BENZIE COUNTY ROAD COMMISSION
Sealed bids for construction of a single span timber bridge and 0.10 miles of roadway reconstruction
on Burnt Mill Road over Woodcock Creek, between Upper and Lower Woodcock Lake are requested and
will be received until 1:00p.m. on June 9, 2015, at the Benzie County Road Commission Office, 11318
Main Street (US-31), PO Box 68, Honor, MI 49640 at which time they will be opened and read aloud.
Work on this project includes timber bridge construction, culvert removal, approach construction,
HMA paving, detouring traffic, and pavement markings as detailed on the plans and specifications.
All piles and structure materials will be supplied by Krenn Bridge Company and delivered to the
project site. Supply of Timber Bridge materials is not a part of this construction bid.
Work shall not start before July 6, 2015. Burnt Mill Road shall be open to traffic with the detour
removed by September 4, 2015. The final project completion date is September 11, 2015. Once work
is started, it shall be continuous until open-to-traffic.
Plans and specifications will be on file and available for review from 7:00 a.m. to 3:30 p.m. Monday
through Friday starting on May 22, 2015 at the Benzie County Road Commission Office. Persons
wishing to review plans and specifications, or desiring electronic copies should contact Heather Jamison,
at 231-325-3051 x207. A non-refundable fee of twenty five dollar ($25.00) will be charged for each hard
copy of plans and specifications. There will be no charge for electronic copies.
Each bid proposal shall be submitted on the proposal form provided. A certified check, cashier’s check or
an acceptable bid bond for a sum of no less than five percent (5%) of the amount of the bid will be
required with each submittal.
No bid may be withdrawn for a period of ninety (90) calendar days after the scheduled time for the receipt
of the bids.
All proposals must be in sealed envelopes, plainly marked as to contents and the name of the bidder.
Telephone, faxed or emailed bids will not be accepted. The Board reserves the right to accept or reject
any and all bids, to waive any irregularities in the bids, and to award the bid in a manner deemed in the
best interests of Benzie County.
Burnt Mill Road over Woodcock Creek
BENZIE COUNTY ROAD COMMISSION
CONSTRUCTION CONTRACT
DOCUMENTS
IN COOPERATION WITH THE
CONSERVATION RESOURCE ALLIANCE
BURNT MILL ROAD OVER WOODCOCK CREEK
SINGLE SPAN TIMBER BRIDGE CONSTRUCTION
& 0.10 MILES OF ROADWAY RECONSTRUCTION
DATE: MAY 11, 2015
INSTRUCTIONS TO BIDDERS
TABLE OF CONTENTS
Page
Article 1 – Defined Terms ................................................................................................................................. 1
Article 2 – Copies of Bidding Documents ........................................................................................................ 1
Article 3 – Qualifications of Bidders ................................................................................................................ 1
Article 4 – Examination of Bidding Documents, Other Related Data, and Site .............................................. 1
Article 5 – Pre-Bid Conference ......................................................................................................................... 4
Article 6 – Site and Other Areas ....................................................................................................................... 4
Article 7 – Interpretations and Addenda ........................................................................................................... 4
Article 8 – Bid Security ..................................................................................................................................... 5
Article 9 – Contract Times ................................................................................................................................ 5
Article 10 – Liquidated Damages ..................................................................................................................... 5
Article 11 – Substitute and “Or-Equal” Items .................................................................................................. 5
Article 12 – Subcontractors, Suppliers and Others ........................................................................................... 6
Article 13 – Preparation of Bid ......................................................................................................................... 6
Article 14 – Basis of Bid; Comparison of Bids ................................................................................................ 7
Article 15 – Submittal of Bid ............................................................................................................................ 7
Article 16 – Modification and Withdrawal of Bid............................................................................................ 8
Article 17 – Opening of Bids ............................................................................................................................ 8
Article 18 – Bids to Remain Subject to Acceptance......................................................................................... 8
Article 19 – Evaluation of Bids and Award of Contract .................................................................................. 8
Article 20 – Contract Security and Insurance ................................................................................................... 9
Article 21 – Signing of Agreement ................................................................................................................... 9
Article 22 – Sales and Use Taxes ...................................................................................................................... 9
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page i
ARTICLE 1 – DEFINED TERMS
1.01
Terms used in these Instructions to Bidders have the meanings indicated in the General
Conditions and Supplementary Conditions. Additional terms used in these Instructions to
Bidders have the meanings indicated below:
A. Issuing Office – The office from which the Bidding Documents are to be issued and where the
bidding procedures are to be administered.
ARTICLE 2 – COPIES OF BIDDING DOCUMENTS
2.01
Complete sets of the Bidding Documents in the number and for the deposit sum, if any, stated in
the advertisement or invitation to bid may be obtained from the Issuing Office.
2.02
Complete sets of Bidding Documents shall be used in preparing Bids; neither Owner nor
Engineer assumes any responsibility for errors or misinterpretations resulting from the use of
incomplete sets of Bidding Documents.
2.03
Owner and Engineer, in making copies of Bidding Documents available on the above terms, do
so only for the purpose of obtaining Bids for the Work and do not authorize or confer a license
for any other use.
ARTICLE 3 – QUALIFICATIONS OF BIDDERS
3.01




3.02
To demonstrate Bidder’s qualifications to perform the Work, within 5 days of Owner’s request,
Bidder shall submit written evidence such as financial data, previous experience, present
commitments, and such other data as may be called for below.
List of similar projects performed in past 5 years
References
List of owned equipment
Recent Financial Statements
Bidder is advised to carefully review those portions of the Bid Form requiring Bidder’s
representations and certifications.
ARTICLE 4 – EXAMINATION OF BIDDING DOCUMENTS, OTHER RELATED DATA, AND
SITE
4.01
Subsurface and Physical Conditions
A. The Supplementary Conditions identify:
1. Those reports known to Owner of explorations and tests of subsurface conditions at or
contiguous to the Site.
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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2. Those drawings known to Owner of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities).
B. Copies of reports and drawings referenced in Paragraph 4.01.A will be made available by
Owner to any Bidder on request. Those reports and drawings are not part of the Contract
Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as
provided in Paragraph 4.02 of the General Conditions has been identified and established in
Paragraph 4.02 of the Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions,
or information contained in such reports or shown or indicated in such drawings.
4.02
Underground Facilities
A. Information and data shown or indicated in the Bidding Documents with respect to existing
Underground Facilities at or contiguous to the Site is based upon information and data
furnished to Owner and Engineer by owners of such Underground Facilities, including Owner,
or others.
4.03
Hazardous Environmental Condition
A. The Supplementary Conditions identify any reports and drawings known to Owner relating to a
Hazardous Environmental Condition identified at the Site.
B. Copies of reports and drawings referenced in Paragraph 4.03.A will be made available by
Owner to any Bidder on request. Those reports and drawings are not part of the Contract
Documents, but the “technical data” contained therein upon which Bidder is entitled to rely as
provided in Paragraph 4.06 of the General Conditions has been identified and established in
Paragraph 4.06 of the Supplementary Conditions. Bidder is responsible for any interpretation or
conclusion Bidder draws from any “technical data” or any other data, interpretations, opinions,
or information contained in such reports or shown or indicated in such drawings.
4.04
Provisions concerning responsibilities for the adequacy of data furnished to prospective
Bidders with respect to subsurface conditions, other physical conditions, and Underground
Facilities, and possible changes in the Bidding Documents due to differing or unanticipated
subsurface or physical conditions appear in Paragraphs 4.02, 4.03, and 4.04 of the General
Conditions. Provisions concerning responsibilities for the adequacy of data furnished to
prospective Bidders with respect to a Hazardous Environmental Condition at the Site, if any,
and possible changes in the Contract Documents due to any Hazardous Environmental
Condition uncovered or revealed at the Site which was not shown or indicated in the Drawings
or Specifications or identified in the Contract Documents to be within the scope of the Work,
appear in Paragraph 4.06 of the General Conditions.
4.05
On request, Owner will provide Bidder access to the Site to conduct such examinations,
investigations, explorations, tests, and studies as Bidder deems necessary for submission of a
Bid. Bidder shall fill all holes and clean up and restore the Site to its former condition upon
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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Burnt Mll Road over Woodcock Creek - 2015
completion of such explorations, investigations, tests, and studies. Bidder shall comply with all
applicable Laws and Regulations relative to excavation and utility locates.
4.06
A. Reference is made to Article 7 of the Supplementary Conditions for the identification of the
general nature of other work that is to be performed at the Site by Owner or others (such as
utilities and other prime contractors) that relates to the Work contemplated by these Bidding
Documents. On request, Owner will provide to each Bidder for examination access to or
copies of contract documents (other than portions thereof related to price) for such other
work.
B. Paragraph 6.13.C of the General Conditions indicates that if an Owner safety
program exists, it will be noted in the Supplementary Conditions.
4.07
It is the responsibility of each Bidder before submitting a Bid to:
A. examine and carefully study the Bidding Documents, and the other related data identified in the
Bidding Documents;
B. visit the Site and become familiar with and satisfy Bidder as to the general, local, and Site
conditions that may affect cost, progress, and performance of the Work;
C. become familiar with and satisfy Bidder as to all federal, state, and local Laws and Regulations
that may affect cost, progress, and performance of the Work;
D. carefully study all: (1) reports of explorations and tests of subsurface conditions at or
contiguous to the Site and all drawings of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities) that have been identified in
Paragraph 4.02 of the Supplementary Conditions as containing reliable "technical data," and (2)
reports and drawings of Hazardous Environmental Conditions, if any, at the Site that have been
identified in the Paragraph 4.06 of the Supplementary Conditions as containing reliable
"technical data";
E. consider the information known to Bidder; information commonly known to contractors doing
business in the locality of the Site; information and observations obtained from visits to the
Site; the Bidding Documents; and the Site-related reports and drawings identified in the
Bidding Documents, with respect to the effect of such information, observations, and
documents on (1) the cost, progress, and performance of the Work; (2) the means, methods,
techniques, sequences, and procedures of construction to be employed by Bidder, including
applying any specific means, methods, techniques, sequences, and procedures of construction
expressly required by the Bidding Documents; and (3) Bidder’s safety precautions and
programs;
F. agree at the time of submitting its Bid that no further examinations, investigations, explorations,
tests, studies, or data are necessary for the determination of its Bid for performance of the Work
at the price(s) bid and within the times required, and in accordance with the other terms and
conditions of the Bidding Documents;
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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G. become aware of the general nature of the work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Bidding Documents;
H. promptly give Engineer written notice of all conflicts, errors, ambiguities, or discrepancies that
Bidder discovers in the Bidding Documents and confirm that the written resolution thereof by
Engineer is acceptable to Bidder; and
I. determine that the Bidding Documents are generally sufficient to indicate and convey
understanding of all terms and conditions for the performance of the Work.
4.08
The submission of a Bid will constitute an incontrovertible representation by Bidder that Bidder
has complied with every requirement of this Article 4, that without exception the Bid is premised
upon performing and furnishing the Work required by the Bidding Documents and applying any
specific means, methods, techniques, sequences, and procedures of construction that may be
shown or indicated or expressly required by the Bidding Documents, that Bidder has given
Engineer written notice of all conflicts, errors, ambiguities, and discrepancies that Bidder has
discovered in the Bidding Documents and the written resolutions thereof by Engineer are
acceptable to Bidder, and that the Bidding Documents are generally sufficient to indicate and
convey understanding of all terms and conditions for performing and furnishing the Work.
ARTICLE 5 – PRE-BID CONFERENCE
5.01
A pre-Bid conference will not be held for this project.
ARTICLE 6 – SITE AND OTHER AREAS
The Site is identified in the Bidding Documents. Easements for permanent structures or permanent
changes in existing facilities are to be obtained and paid for by Owner unless otherwise provided in the
Bidding Documents. All additional lands and access thereto required for temporary construction
facilities, construction equipment, or storage of materials and equipment to be incorporated in the Work
are to be obtained and paid for by Contractor.
ARTICLE 7 – INTERPRETATIONS AND ADDENDA
7.01
All questions about the meaning or intent of the Bidding Documents are to be submitted to
Engineer in writing. Interpretations or clarifications considered necessary by Engineer in
response to such questions will be issued by Addenda mailed or delivered to all parties recorded
by Engineer as having received the Bidding Documents. Questions received less than ten days
prior to the date for opening of Bids may not be answered. Only questions answered by Addenda
will be binding. Oral and other interpretations or clarifications will be without legal effect.
7.02
Addenda may be issued to clarify, correct, or change the Bidding Documents as deemed
advisable by Owner or Engineer.
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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ARTICLE 8 – BID SECURITY
8.01
A Bid must be accompanied by Bid security made payable to Owner in an amount of 5 percent
of Bidder’s maximum Bid price and in the form of a certified check, bank money order, or a Bid
bond (on the form attached) issued by a surety meeting the requirements of Paragraphs 5.01 and
5.02 of the General Conditions.
8.02
The Bid security of the Successful Bidder will be retained until such Bidder has executed the
Contract Documents, furnished the required contract security and met the other conditions of the
Notice of Award, whereupon the Bid security will be returned. If the Successful Bidder fails to
execute and deliver the Contract Documents and furnish the required contract security within 15
days after the Notice of Award, Owner may consider Bidder to be in default, annul the Notice of
Award, and the Bid security of that Bidder will be forfeited. Such forfeiture shall be Owner’s
exclusive remedy if Bidder defaults. The Bid security of other Bidders whom Owner believes to
have a reasonable chance of receiving the award may be retained by Owner until the earlier of
seven days after the Effective Date of the Agreement or 61 days after the Bid opening,
whereupon Bid security furnished by such Bidders will be returned.
8.03
Bid security of other Bidders whom Owner believes do not have a reasonable chance of
receiving the award will be returned within seven days after the Bid opening.
ARTICLE 9 – CONTRACT TIMES
9.01
The number of days within which, or the dates by which, [Milestones are to be achieved and] the
Work is to be substantially completed and ready for final payment are set forth in the Agreement.
ARTICLE 10 – LIQUIDATED DAMAGES
10.01 Provisions for liquidated damages, if any, are set forth in the Agreement.
ARTICLE 11 – SUBSTITUTE AND “OR-EQUAL” ITEMS
11.01 The Contract, if awarded, will be on the basis of materials and equipment specified or described
in the Bidding Documents, or those substitute or “or-equal” materials and equipment approved
by Engineer and identified by Addendum. The materials and equipment described in the Bidding
Documents establish a standard of required type, function and quality to be met by any proposed
substitute or “or-equal” item. No item of material or equipment will be considered by Engineer
as a substitute or “or-equal” unless written request for approval has been submitted by Bidder
and has been received by Engineer at least 15 days prior to the date for receipt of Bids. Each
such request shall conform to the requirements of Paragraph 6.05 of the General Conditions. The
burden of proof of the merit of the proposed item is upon Bidder. Engineer’s decision of
approval or disapproval of a proposed item will be final. If Engineer approves any proposed
item, such approval will be set forth in an Addendum issued to all prospective Bidders. Bidders
shall not rely upon approvals made in any other manner.
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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ARTICLE 12 – SUBCONTRACTORS, SUPPLIERS AND OTHERS
12.01 If the Supplementary Conditions require the identity of certain Subcontractors, Suppliers,
individuals, or entities to be submitted to Owner in advance of a specified date prior to the
Effective Date of the Agreement, the apparent Successful Bidder, and any other Bidder so
requested, shall within five days after Bid opening, submit to Owner a list of all such
Subcontractors, Suppliers, individuals, or entities proposed for those portions of the Work for
which such identification is required. Such list shall be accompanied by an experience statement
with pertinent information regarding similar projects and other evidence of qualification for each
such Subcontractor, Supplier, individual, or entity if requested by Owner. If Owner or Engineer,
after due investigation, has reasonable objection to any proposed Subcontractor, Supplier,
individual, or entity, Owner may, before the Notice of Award is given, request apparent
Successful Bidder to submit a substitute without an increase in the Bid.
12.02 If apparent Successful Bidder declines to make any such substitution, Owner may award the
Contract to the next lowest Bidder that proposes to use acceptable Subcontractors, Suppliers,
individuals, or entities. Declining to make requested substitutions will not constitute grounds for
forfeiture of the Bid security of any Bidder. Any Subcontractor, Supplier, individual, or entity so
listed and against which Owner or Engineer makes no written objection prior to the giving of the
Notice of Award will be deemed acceptable to Owner and Engineer subject to revocation of such
acceptance after the Effective Date of the Agreement as provided in Paragraph 6.06 of the
General Conditions.
12.03 Contractor shall not be required to employ any Subcontractor, Supplier, individual, or entity
against whom Contractor has reasonable objection.
ARTICLE 13 – PREPARATION OF BID
13.01 The Bid Form is included with the Bidding Documents. Additional copies may be obtained from
the Engineer.
13.02 All blanks on the Bid Form shall be completed in ink and the Bid Form signed in ink. Erasures
or alterations shall be initialed in ink by the person signing the Bid Form. A Bid price shall be
indicated for each Bid item, alternative, adjustment unit price item, and unit price item listed
therein. In the case of optional alternatives the words “No Bid,” “No Change,” or “Not
Applicable” may be entered.
13.03 A Bid by a corporation shall be executed in the corporate name by the president or a vicepresident or other corporate officer accompanied by evidence of authority to sign. The corporate
seal shall be affixed and attested by the secretary or an assistant secretary. The corporate address
and state of incorporation shall be shown.
13.04 A Bid by a partnership shall be executed in the partnership name and signed by a partner (whose
title must appear under the signature), accompanied by evidence of authority to sign. The official
address of the partnership shall be shown.
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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13.05 A Bid by a limited liability company shall be executed in the name of the firm by a member and
accompanied by evidence of authority to sign. The state of formation of the firm and the official
address of the firm shall be shown.
13.06 A Bid by an individual shall show the Bidder’s name and official address.
13.07 A Bid by a joint venture shall be executed by each joint venturer in the manner indicated on the
Bid Form. The official address of the joint venture shall be shown.
13.08 All names shall be printed in ink below the signatures.
13.09 The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of which shall
be filled in on the Bid Form.
13.10 Postal and e-mail addresses and telephone number for communications regarding the Bid shall
be shown.
13.11 The Bid shall contain evidence of Bidder’s authority and qualification to do business in the state
where the Project is located, or Bidder shall covenant in writing to obtain such authority and
qualification prior to award of the Contract and attach such covenant to the Bid. Bidder’s state
contractor license number, if any, shall also be shown on the Bid Form.
ARTICLE 14 – BASIS OF BID; COMPARISON OF BIDS
14.01 Unit Price
A. Bidders shall submit a Bid on a unit price basis for each item of Work listed in the Bid
schedule.
B. The total of all estimated prices will be the sum of the products of the estimated quantity of
each item and the corresponding unit price. The final quantities and Contract Price will be
determined in accordance with Paragraph 11.03 of the General Conditions.
C. Discrepancies between the multiplication of units of Work and unit prices will be resolved in
favor of the unit prices. Discrepancies between the indicated sum of any column of figures and
the correct sum thereof will be resolved in favor of the correct sum.
ARTICLE 15 – SUBMITTAL OF BID
15.01 With each copy of the Bidding Documents, a Bidder is furnished one separate unbound copy of
the Bid Form, and, if required, the Bid Bond Form. The unbound copy of the Bid Form is to be
completed and submitted with the Bid security and the following documents:
All Attachments listed in article 6.
15.02 A Bid shall be submitted no later than the date and time prescribed and at the place indicated in
the advertisement or invitation to bid and shall be enclosed in a plainly marked package with the
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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Project title (and, if applicable, the designated portion of the Project for which the Bid is
submitted), the name and address of Bidder, and shall be accompanied by the Bid security and
other required documents. If a Bid is sent by mail or other delivery system, the sealed envelope
containing the Bid shall be enclosed in a separate package plainly marked on the outside with the
notation “BID ENCLOSED.” A mailed Bid shall be addressed to the OWNER – Benzie County
Road Commission, 11318 Main Street (US-31), PO Box 68, Honor, MI 49640.
ARTICLE 16 – MODIFICATION AND WITHDRAWAL OF BID
16.01 A Bid may be modified or withdrawn by an appropriate document duly executed in the same
manner that a Bid must be executed and delivered to the place where Bids are to be submitted
prior to the date and time for the opening of Bids.
16.02 If within 24 hours after Bids are opened any Bidder files a duly signed written notice with
Owner and promptly thereafter demonstrates to the reasonable satisfaction of Owner that there
was a material and substantial mistake in the preparation of its Bid, that Bidder may withdraw its
Bid, and the Bid security will be returned. Thereafter, if the Work is rebid, that Bidder will be
disqualified from further bidding on the Work.
ARTICLE 17 – OPENING OF BIDS
17.01 Bids will be opened at the time and place indicated in the Advertisement or Invitation to Bid and,
unless obviously non-responsive, read aloud publicly. An abstract of the amounts of the base
Bids and major alternates, if any, will be made available to Bidders after the opening of Bids.
ARTICLE 18 – BIDS TO REMAIN SUBJECT TO ACCEPTANCE
18.01 All Bids will remain subject to acceptance for the period of time stated in the Bid Form, but
Owner may, in its sole discretion, release any Bid and return the Bid security prior to the end of
this period.
ARTICLE 19 – EVALUATION OF BIDS AND AWARD OF CONTRACT
19.01 Owner reserves the right to reject any or all Bids, including without limitation, nonconforming,
nonresponsive, unbalanced, or conditional Bids. Owner further reserves the right to reject the
Bid of any Bidder whom it finds, after reasonable inquiry and evaluation, to not be responsible.
Owner may also reject the Bid of any Bidder if Owner believes that it would not be in the best
interest of the Project to make an award to that Bidder. Owner also reserves the right to waive all
informalities not involving price, time, or changes in the Work and to negotiate contract terms
with the Successful Bidder.
19.02 More than one Bid for the same Work from an individual or entity under the same or different
names will not be considered. Reasonable grounds for believing that any Bidder has an interest
in more than one Bid for the Work may be cause for disqualification of that Bidder and the
rejection of all Bids in which that Bidder has an interest.
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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19.03 In evaluating Bids, Owner will consider whether or not the Bids comply with the prescribed
requirements, and such alternates, unit prices and other data, as may be requested in the Bid
Form or prior to the Notice of Award.
19.04 In evaluating Bidders, Owner will consider the qualifications of Bidders and may consider the
qualifications and experience of Subcontractors, Suppliers, and other individuals or entities
proposed for those portions of the Work for which the identity of Subcontractors, Suppliers, and
other individuals or entities must be submitted as provided in the Supplementary Conditions.
19.05 Owner may conduct such investigations as Owner deems necessary to establish the
responsibility, qualifications, and financial ability of Bidders, proposed Subcontractors,
Suppliers, individuals, or entities proposed for those portions of the Work in accordance with the
Contract Documents.
19.06 If the Contract is to be awarded, Owner will award the Contract to the Bidder whose Bid is in the
best interests of the Project.
ARTICLE 20 – CONTRACT SECURITY AND INSURANCE
20.01 Article 5 of the General Conditions, as may be modified by the Supplementary Conditions, sets
forth Owner’s requirements as to performance and payment bonds and insurance. When the
Successful Bidder delivers the executed Agreement to Owner, it shall be accompanied by such
bonds and proofs of insurance coverage.
ARTICLE 21 – SIGNING OF AGREEMENT
21.01 When Owner issues a Notice of Award to the Successful Bidder, it shall be accompanied by the
required number of unsigned counterparts of the Agreement along with the other Contract
Documents which are identified in the Agreement as attached thereto. Within 15 days thereafter,
Successful Bidder shall sign and deliver the required number of counterparts of the Agreement
and attached documents to Owner. Within ten days thereafter, Owner shall deliver one fully
signed counterpart to Successful Bidder with a complete set of the Drawings with appropriate
identification.
ARTICLE 22 – SALES AND USE TAXES
22.01 Bidder is responsible for applicable sales and use tax, including use tax on the timber
bridge materials supplied by others. The contractor shall supply proof of payment of this
use tax to the Engineer. The bid form shows an entry for this item.
EJCDC C-200 Suggested Instructions to Bidders for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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ARTICLE 1 – BID RECIPIENT
1.01
This Bid is submitted to:
Benzie County Road Commission
11318 Main Street (US-31)
PO Box 68
Honor, MI 49640
1.02
The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an Agreement
with Owner in the form included in the Bidding Documents to perform all Work as specified or
indicated in the Bidding Documents for the prices and within the times indicated in this Bid and in
accordance with the other terms and conditions of the Bidding Documents.
ARTICLE 2 – BIDDER’S ACKNOWLEDGEMENTS
2.01
Bidder accepts all of the terms and conditions of the Instructions to Bidders, including without
limitation those dealing with the disposition of Bid security. This Bid will remain subject to
acceptance for 60 days after the Bid opening, or for such longer period of time that Bidder may
agree to in writing upon request of Owner.
ARTICLE 3 – BIDDER’S REPRESENTATIONS
3.01
In submitting this Bid, Bidder represents that:
A. Bidder has examined and carefully studied the Bidding Documents, other related data identified
in the Bidding Documents, and the following Addenda, receipt of which is hereby
acknowledged:
Addendum No.
Addendum Date
B. Bidder has visited the Site and become familiar with and is satisfied as to the general, local, and
Site conditions that may affect cost, progress, and performance of the Work.
C. Bidder is familiar with and is satisfied as to all Laws and Regulations that may affect cost,
progress, and performance of the Work.
D. Bidder has carefully studied all: (1) reports of explorations and tests of subsurface conditions at
or contiguous to the Site and all drawings of physical conditions relating to existing surface or
subsurface structures at the Site (except Underground Facilities) that have been identified in
SC-4.02 as containing reliable "technical data," and (2) reports and drawings of Hazardous
Environmental Conditions, if any, at the Site that have been identified in SC-4.06 as containing
reliable "technical data."
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
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E. Bidder has considered the information known to Bidder; information commonly known to
contractors doing business in the locality of the Site; information and observations obtained
from visits to the Site; the Bidding Documents; and the Site-related reports and drawings
identified in the Bidding Documents, with respect to the effect of such information,
observations, and documents on (1) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Bidder, including applying the specific means, methods, techniques, sequences, and procedures
of construction expressly required by the Bidding Documents; and (3) Bidder’s safety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 3.01.E above, Bidder does
not consider that further examinations, investigations, explorations, tests, studies, or data are
necessary for the determination of this Bid for performance of the Work at the price(s) bid and
within the times required, and in accordance with the other terms and conditions of the Bidding
Documents.
G. Bidder is aware of the general nature of work to be performed by Owner and others at the Site
that relates to the Work as indicated in the Bidding Documents.
H. Bidder has given Engineer written notice of all conflicts, errors, ambiguities, or discrepancies
that Bidder has discovered in the Bidding Documents, and the written resolution thereof by
Engineer is acceptable to Bidder.
1. The Bidding Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for the performance of the Work for which this Bid is submitted.
ARTICLE 4 – BIDDER’S CERTIFICATION
4.01
Bidder certifies that:
A. This Bid is genuine and not made in the interest of or on behalf of any undisclosed individual
or entity and is not submitted in conformity with any collusive agreement or rules of any group,
association, organization, or corporation;
B. Bidder has not directly or indirectly induced or solicited any other Bidder to submit a false or
sham Bid;
C. Bidder has not solicited or induced any individual or entity to refrain from bidding; and
D. Bidder has not engaged in corrupt, fraudulent, collusive, or coercive practices in competing for
the Contract. For the purposes of this Paragraph 4.01.D:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence
the bidding process to the detriment of Owner, (b) to establish bid prices at artificial noncompetitive levels, or (c) to deprive Owner of the benefits of free and open competition;
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 2 of 8
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or
without the knowledge of Owner, a purpose of which is to establish bid prices at artificial,
non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in the bidding process or affect the execution
of the Contract.
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 3 of 8
ARTICLE 5 – BASIS OF BID
5.01
Bidder will complete the Work in accordance with the Contract Documents for the following
price(s):
Item Description
Mobilization, Max. $10,0000.00
Quantity
1
Culv, Rem, 24 inch to 48 inch
Embankment, CIP
Excavation, Earth
Excavation, Channel
Backfill, Structure, CIP
Excavation, Fdn
Riprap, Heavy
Riprap, Plain
Erosion Control, Silt Fence
Paved Ditch, HMA
Slope Restoration
Aggregate Base, 6 inch
Approach, CL II, 6 inch
HMA, LVSP
HMA Curb, Special
Barricade, Type III, High Intensity, Double Sided, LIghted, Furn
Barricade, Type III, High Intensity, Double Sided, Lighted, Oper
MInor Traf Devices
Sign, Type B, Temp, Prismatic, Furn
Sign, Type B, Temp, Prismatic, Oper
Structure, Timber, Installed
Pile, Treated Timber, Driven
Test Pile, Treated Timber
Pile Driving Equipment, Furn
Timber Bridge Materials - Use Tax
1
700
200
400
200
180
40
30
400
20
1500
620
40
155
737
6
6
1
57
57
1
415
1
1
Unit
LS
Unit Price
Amount
Ea
Cyd
Cyd
Cyd
Cyd
Cyd
Syd
Syd
Ft
Syd
Syd
Syd
Syd
Ton
Ft
Ea
Ea
LS
Sft
Sft
LS
Ft
Ea
LS
1 Dlr
Total Bid: $_______________________________
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 4 of 8
Unit Prices have been computed in accordance with Paragraph 11.03.B of the General Conditions.
Bidder acknowledges that estimated quantities are not guaranteed, and are solely for the purpose of
comparison of Bids, and final payment for all unit price Bid items will be based on actual
quantities, determined at the Time of Completion.
5.02
Bidder agrees that the Work will be substantially complete and will be completed and ready for
final payment in accordance with Paragraph 14.07 of the General Conditions on or before the date
stated in the Progress Clause.
5.03
Bidder accepts the provisions of the Agreement as to liquidated damages.
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 5 of 8
ARTICLE 6 – ATTACHMENTS TO THIS BID
6.01
The following documents are submitted with and made a condition of this Bid:
A. Required Bid security in the form of certified check or bank money order or a bid bond;
B. List of Proposed Subcontractors;
C. List of Proposed Suppliers;
D. List of Project References;
E. Evidence of authority to do business in the state of the Project; or a written covenant to obtain
such license within the time for acceptance of Bids;
F. Required Bidder Qualification Statement with Supporting Data; and
G. Affidavit of Non-Collusion
ARTICLE 7 – DEFINED TERMS
7.01
The terms used in this Bid with initial capital letters have the meanings stated in the Instructions to
Bidders, the General Conditions, and the Supplementary Conditions.
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 6 of 8
ARTICLE 8 – BID SUBMITTAL
8.01
This Bid is submitted by:
If Bidder is:
An Individual
Name (typed or printed):
By:
(Individual’s signature)
Doing business as:
A Partnership
Partnership Name:
By:
(Signature of general partner -- attach evidence of authority to sign)
Name (typed or printed):
A Corporation
Corporation Name:
State of Incorporation:
Type (General Business, Professional, Service, Limited Liability):_______
By:
(Signature -- attach evidence of authority to sign)
Name (typed or printed):
Title:
(CORPORATE SEAL)
Attest
Date of Qualification to do business in Michigan is ____/____/____.
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 7 of 8
(SEAL)
A Joint Venture
Name of Joint Venture:
First Joint Venturer Name:
By:
(SEAL)
(Signature of first joint venture partner -- attach evidence of authority to sign)
Name (typed or printed):
Title:
Second Joint Venturer Name:
By:
(SEAL)
(Signature of second joint venture partner -- attach evidence of authority to sign)
Name (typed or printed):
Title:
(Each joint venturer must sign. The manner of signing for each individual, partnership,
and corporation that is a party to the joint venture should be in the manner indicated
above.)
Bidder's Business Address
Phone No. _____________________________________ Fax No.
E-mail ______________________________
SUBMITTED on
State Contractor License No.
_______
, 20____.
. [If applicable]
EJCDC C-410 Suggested Bid Form for Construction Contracts
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 8 of 8
PENAL SUM FORM
BID BOND
Any singular reference to Bidder, Surety, Owner or other party shall be considered plural where applicable.
BIDDER (Name and Address):
SURETY (Name and Address of Principal Place of Business):
OWNER (Name and Address):
Benzie County Road Commission
11318 Main Street (US-31)
Honor, MI 49640
BID
Bid Due Date: May 17, 2012
Description (Project Name and Include Location):
Construct single span timber bridge on Burnt Mill Road over the Woodcock Creek including 0.10 miles of
appraoch construction, HMA paving, pavement markings & slope restoration.
BOND
Bond Number:
Date (Not earlier than Bid due date):
Penal sum
$
(Words)
(Figures)
Surety and Bidder, intending to be legally bound hereby, subject to the terms set forth below, do each cause this
Bid Bond to be duly executed by an authorized officer, agent, or representative.
BIDDER
Bidder’s Name and Corporate Seal
By:
Attest:
Signature
(Seal)
SURETY
Surety’s Name and Corporate Seal
By:
Signature (Attach Power of Attorney)
Print Name
Print Name
Title
Title
Signature
Title
Attest:
(Seal)
Signature
Title
EJCDC C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 1 of 2
PENAL SUM FORM
1. Bidder and Surety, jointly and severally, bind themselves, their heirs, executors, administrators, successors,
and assigns to pay to Owner upon default of Bidder the penal sum set forth on the face of this Bond. Payment of
the penal sum is the extent of Bidder’s and Surety’s liability. Recovery of such penal sum under the terms of this
Bond shall be Owner’s sole and exclusive remedy upon default of Bidder.
2. Default of Bidder shall occur upon the failure of Bidder to deliver within the time required by the Bidding
Documents (or any extension thereof agreed to in writing by Owner) the executed Agreement required by the
Bidding Documents and any performance and payment bonds required by the Bidding Documents.
3. This obligation shall be null and void if:
3.1
Owner accepts Bidder’s Bid and Bidder delivers within the time required by the Bidding Documents (or
any extension thereof agreed to in writing by Owner) the executed Agreement required by the Bidding
Documents and any performance and payment bonds required by the Bidding Documents, or
3.2
All Bids are rejected by Owner, or
3.3
Owner fails to issue a Notice of Award to Bidder within the time specified in the Bidding Documents
(or any extension thereof agreed to in writing by Bidder and, if applicable, consented to by Surety when
required by Paragraph 5 hereof).
4. Payment under this Bond will be due and payable upon default of Bidder and within 30 calendar days after
receipt by Bidder and Surety of written notice of default from Owner, which notice will be given with reasonable
promptness, identifying this Bond and the Project and including a statement of the amount due.
5. Surety waives notice of any and all defenses based on or arising out of any time extension to issue Notice of
Award agreed to in writing by Owner and Bidder, provided that the total time for issuing Notice of Award
including extensions shall not in the aggregate exceed 120 days from Bid due date without Surety’s written
consent.
6. No suit or action shall be commenced under this Bond prior to 30 calendar days after the notice of default
required in Paragraph 4 above is received by Bidder and Surety and in no case later than one year after Bid due
date.
7. Any suit or action under this Bond shall be commenced only in a court of competent jurisdiction located in
the state in which the Project is located.
8. Notices required hereunder shall be in writing and sent to Bidder and Surety at their respective addresses
shown on the face of this Bond. Such notices may be sent by personal delivery, commercial courier, or by United
States Registered or Certified Mail, return receipt requested, postage pre-paid, and shall be deemed to be effective
upon receipt by the party concerned.
9. Surety shall cause to be attached to this Bond a current and effective Power of Attorney evidencing the
authority of the officer, agent, or representative who executed this Bond on behalf of Surety to execute, seal, and
deliver such Bond and bind the Surety thereby.
10. This Bond is intended to conform to all applicable statutory requirements. Any applicable requirement of any
applicable statute that has been omitted from this Bond shall be deemed to be included herein as if set forth at
length. If any provision of this Bond conflicts with any applicable statute, then the provision of said statute shall
govern and the remainder of this Bond that is not in conflict therewith shall continue in full force and effect.
11. The term “Bid” as used herein includes a Bid, offer, or proposal as applicable.
EJCDC C-430 Bid Bond (Penal Sum Form)
Prepared by the Engineers Joint Contract Documents Committee.
Page 2 of 2
Notice of Award
Date: __________________
Project: Burnt Mill Road over Woodcock Creek
Owner: Benzie County Road Commission
Owner's Contract No.:
Contract:
Engineer's Project No.:BCRC-L734
Bidder:
Bidder's Address: [send Notice of Award Certified Mail, Return Receipt Requested]
You are notified that your Bid dated
for the above Contract has been considered. You are the
Successful Bidder and are awarded a Contract for
[Indicate total Work, alternates, or sections of Work awarded.]
The Contract Price of your Contract is
Dollars ($
).
[Insert appropriate data if unit prices are used. Change language for cost-plus contracts.]
2 copies of the proposed Contract Documents (except Drawings) accompany this Notice of Award.
2 sets of the Drawings will be delivered separately or otherwise made available to you immediately.
You must comply with the following conditions precedent within [15] days of the date you receive this
Notice of Award.
1. Deliver to the Owner [2] fully executed counterparts of the Contract Documents.
2. Deliver with the executed Contract Documents the Contract security [Bonds] as specified in the
Instructions to Bidders (Article 20), General Conditions (Paragraph 5.01), and Supplementary
Conditions (Paragraph SC-5.01).
3. Other conditions precedent:
Failure to comply with these conditions within the time specified will entitle Owner to consider you in
default, annul this Notice of Award, and declare your Bid security forfeited.
Within twenty days after you comply with the above conditions, Owner will return to you one fully
executed counterpart of the Contract Documents.
By:
Copy to Engineer
Benzie County Road Commission
Owner
Authorized Signature
Manager/Engineer
Title
EJCDC C-510 Notice of Award
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
AGREEMENT
BETWEEN OWNER AND CONTRACTOR
FOR CONSTRUCTION CONTRACT
THIS AGREEMENT is by and between
Benzie County Road Commission
(“Owner”) and
(“Contractor”).
Owner and Contractor hereby agree as follows:
ARTICLE 1 – WORK
1.01
Contractor shall complete all Work as specified or indicated in the Contract Documents. The
Work is generally described as follows:
Construct single span timber bridge on Burnt Mill Road over Woodcock Creek including 0.10 miles of
approach construction, HMA paving, pavement markings & slope restoration. Timber Bridge
materials shall be supplied by the Benzie County Road Commission.
ARTICLE 2 – THE PROJECT
2.01
The Project for which the Work under the Contract Documents may be the whole or only a part
is generally described as follows:
Construct single span timber bridge on Burnt Mill Road over Woodcock Creek including 0.10 miles of
approach construction, HMA paving, pavement markings & slope restoration.
ARTICLE 3 – ENGINEER
3.01
The Project has been designed by Prien & Newhof (Engineer), which is to act as
Owner’s representative, assume all duties and responsibilities, and have the rights and authority
assigned to Engineer in the Contract Documents in connection with the completion of the Work
in accordance with the Contract Documents.
ARTICLE 4 – CONTRACT TIMES
4.01
Time of the Essence
A. All time limits for Milestones, if any, Substantial Completion, and completion and readiness for
final payment as stated in the Contract Documents are of the essence of the Contract.
4.02
Dates for Substantial Completion and Final Payment
A. The Work will be substantially completed on or before Septmber 4, 2015 and completed and
ready for final payment in accordance with Paragraph 14.07 of the General Conditions on
or before September 11, 2015.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 7
4.02
Liquidated Damages
A. Contractor and Owner recognize that time is of the essence as stated in Paragraph 4.01 above
and that Owner will suffer financial loss if the Work is not completed within the times specified
in Paragraph 4.02 above, plus any extensions thereof allowed in accordance with Article 12 of
the General Conditions. The parties also recognize the delays, expense, and difficulties
involved in proving in a legal or arbitration proceeding the actual loss suffered by Owner if the
Work is not completed on time. Accordingly, instead of requiring any such proof, Owner and
Contractor agree that as liquidated damages for delay (but not as a penalty), Contractor shall
pay Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above
for Substantial Completion until the Work is substantially complete. After Substantial
Completion, if Contractor shall neglect, refuse, or fail to complete the remaining Work within
the Contract Time or any proper extension thereof granted by Owner, Contractor shall pay
Owner $500.00 for each day that expires after the time specified in Paragraph 4.02 above for
completion and readiness for final payment until the Work is completed and ready for final
payment.
ARTICLE 5 – CONTRACT PRICE
5.01
Owner shall pay Contractor for completion of the Work in accordance with the Contract
Documents an amount in current funds equal to the sum of the amounts determined pursuant to
Paragraphs 5.01.A, 5.01.B, and 5.01.C below:
A. For all Unit Price Work, an amount equal to the sum of the established unit price for each
separately identified item of Unit Price Work times the actual quantity of that item:
The Bid prices for Unit Price Work set forth as of the Effective Date of the Agreement are
based on estimated quantities. As provided in Paragraph 11.03 of the General Conditions,
estimated quantities are not guaranteed, and determinations of actual quantities and
classifications are to be made by Engineer as provided in Paragraph 9.07 of the General
Conditions.
ARTICLE 6 – PAYMENT PROCEDURES
6.01
Submittal and Processing of Payments
A. Contractor shall submit Applications for Payment in accordance with Article 14 of the General
Conditions. Applications for Payment will be processed by Engineer as provided in the General
Conditions.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 2 of 7
6.02
Progress Payments; Retainage
A. Owner shall make progress payments on account of the Contract Price on the basis of
Contractor’s Applications for Payment on or about the 15th day of each month during
performance of the Work as provided in Paragraph 6.02.A.1 below. All such payments will be
measured by the schedule of values established as provided in Paragraph 2.07.A of the General
Conditions (and in the case of Unit Price Work based on the number of units completed) or, in
the event there is no schedule of values, as provided in the General Requirements.
1. Payments shall be made in an amount of completed work, less retainage and less the
aggregate of payments previously made. Retainage shall be as follows:
a. Prior to 50% completion the OWNER shall retain 10% of payments.
b. After 50% completion the OWNER may reduce the retainage to 5% on current and
future payments if OWNER finds satisfactory progress is being made.
6.03
Final Payment
A. Upon final completion and acceptance of the Work in accordance with Paragraph 14.07 of the
General Conditions, Owner shall pay the remainder of the Contract Price as recommended by
Engineer as provided in said Paragraph 14.07.
ARTICLE 7 – INTEREST
7.01
All moneys not paid when due as provided in Article 14 of the General Conditions shall be
deposited in an interest bearing account per State of Michigan requirements.
ARTICLE 8 – CONTRACTOR’S REPRESENTATIONS
8.01
In order to induce Owner to enter into this Agreement, Contractor makes the following
representations:
A. Contractor has examined and carefully studied the Contract Documents and the other related
data identified in the Bidding Documents.
B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local,
and Site conditions that may affect cost, progress, and performance of the Work.
C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and
Regulations that may affect cost, progress, and performance of the Work.
D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface
conditions at or contiguous to the Site and all drawings of physical conditions relating to
existing surface or subsurface structures at the Site (except Underground Facilities), if any, that
have been identified in Paragraph SC-4.02 of the Supplementary Conditions as containing
reliable "technical data," and (2) reports and drawings of Hazardous Environmental Conditions,
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 3 of 7
if any, at the Site that have been identified in Paragraph SC-4.06 of the Supplementary
Conditions as containing reliable "technical data."
E. Contractor has considered the information known to Contractor; information commonly known
to contractors doing business in the locality of the Site; information and observations obtained
from visits to the Site; the Contract Documents; and the Site-related reports and drawings
identified in the Contract Documents, with respect to the effect of such information,
observations, and documents on (1) the cost, progress, and performance of the Work; (2) the
means, methods, techniques, sequences, and procedures of construction to be employed by
Contractor, including any specific means, methods, techniques, sequences, and procedures of
construction expressly required by the Contract Documents; and (3) Contractor’s safety
precautions and programs.
F. Based on the information and observations referred to in Paragraph 8.01.E above, Contractor
does not consider that further examinations, investigations, explorations, tests, studies, or data
are necessary for the performance of the Work at the Contract Price, within the Contract Times,
and in accordance with the other terms and conditions of the Contract Documents.
G. Contractor is aware of the general nature of work to be performed by Owner and others at the
Site that relates to the Work as indicated in the Contract Documents.
H. Contractor has given Engineer written notice of all conflicts, errors, ambiguities, or
discrepancies that Contractor has discovered in the Contract Documents, and the written
resolution thereof by Engineer is acceptable to Contractor.
I. The Contract Documents are generally sufficient to indicate and convey understanding of all
terms and conditions for performance and furnishing of the Work.
ARTICLE 9 – CONTRACT DOCUMENTS
9.01
Contents
A. The Contract Documents consist of the following:
1. This Agreement (pages 1 to 7, inclusive).
2. Performance bond (pages
3. Payment bond (pages
to
to
4. General Conditions (pages
5. Supplementary Conditions (pages
, inclusive).
, inclusive).
to
, inclusive).
to
, inclusive).
6. Specifications as listed in the table of contents of the Project Manual.
7. Drawings consisting of 12 sheets with each sheet bearing the following general title:
Burnt Mill Road over Woodcock Creek and shop drawings.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 4 of 7
8. Addenda (numbers
to
, inclusive).
9. Exhibits to this Agreement (enumerated as follows):
a. Contractor’s Bid (pages
to
, inclusive).
b. Documentation submitted by Contractor prior to Notice of Award (pages
, inclusive).
to
c. Progress Schedule
10. The following which may be delivered or issued on or after the Effective Date of the
Agreement and are not attached hereto:
a. Notice to Proceed (pages 1 to 1, inclusive).
b. Work Change Directives.
c. Change Orders.
B. The documents listed in Paragraph 9.01.A are attached to this Agreement (except as expressly
noted otherwise above).
C. There are no Contract Documents other than those listed above in this Article 9.
D. The Contract Documents may only be amended, modified, or supplemented as provided in
Paragraph 3.04 of the General Conditions.
ARTICLE 10 – MISCELLANEOUS
10.01 Terms
A. Terms used in this Agreement will have the meanings stated in the General Conditions and the
Supplementary Conditions.
10.02 Assignment of Contract
A. No assignment by a party hereto of any rights under or interests in the Contract will be binding
on another party hereto without the written consent of the party sought to be bound; and,
specifically but without limitation, moneys that may become due and moneys that are due may
not be assigned without such consent (except to the extent that the effect of this restriction may
be limited by law), and unless specifically stated to the contrary in any written consent to an
assignment, no assignment will release or discharge the assignor from any duty or
responsibility under the Contract Documents.
10.03 Successors and Assigns
A. Owner and Contractor each binds itself, its partners, successors, assigns, and legal
representatives to the other party hereto, its partners, successors, assigns, and legal
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 5 of 7
representatives in respect to all covenants, agreements, and obligations contained in the
Contract Documents.
10.04 Severability
A. Any provision or part of the Contract Documents held to be void or unenforceable under any
Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be
valid and binding upon Owner and Contractor, who agree that the Contract Documents shall be
reformed to replace such stricken provision or part thereof with a valid and enforceable
provision that comes as close as possible to expressing the intention of the stricken provision.
10.05 Contractor’s Certifications
A. Contractor certifies that it has not engaged in corrupt, fraudulent, collusive, or coercive
practices in competing for or in executing the Contract. For the purposes of this Paragraph
10.05:
1. “corrupt practice” means the offering, giving, receiving, or soliciting of any thing of value
likely to influence the action of a public official in the bidding process or in the Contract
execution;
2. “fraudulent practice” means an intentional misrepresentation of facts made (a) to influence
the bidding process or the execution of the Contract to the detriment of Owner, (b) to
establish Bid or Contract prices at artificial non-competitive levels, or (c) to deprive Owner
of the benefits of free and open competition;
3. “collusive practice” means a scheme or arrangement between two or more Bidders, with or
without the knowledge of Owner, a purpose of which is to establish Bid prices at artificial,
non-competitive levels; and
4. “coercive practice” means harming or threatening to harm, directly or indirectly, persons or
their property to influence their participation in the bidding process or affect the execution
of the Contract.
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 6 of 7
IN WITNESS WHEREOF, Owner and Contractor have signed this Agreement. Counterparts have been
delivered to Owner and Contractor. All portions of the Contract Documents have been signed or have been
identified by Owner and Contractor or on their behalf.
This Agreement will be effective on
(which is the Effective Date of the Agreement).
OWNER:
CONTRACTOR
Benzie County Road Commission
By:
By:
Title: Manager/Engineer
Title:
(If Contractor is a corporation, a partnership,
or a joint venture, attach evidence of authority
to sign.)
Attest:
Attest:
Title:
Title:
Address for giving notices:
11318 Main Street (US-31)
Address for giving notices:
Honor, MI 49640
License No.:
(If Owner is a corporation, attach evidence
of authority to sign. If Owner is a public body,
attach evidence of authority to sign and resolution
or other documents authorizing execution
of this Agreement.)
(Where applicable)
Agent for service of process:
EJCDC C-520 Suggested Form of Agreement Between Owner and Contractor for Construction Contract (Stipulated Price)
Copyright © 2007 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 7 of 7
Notice to Proceed
Date: _________________
Project: Burnt Mill Road over Woodcock Creek
Owner: Benzie County Road Commission
Owner's Contract No.:
Contract:
Engineer's Project No.:BCRC-L734
Contractor:
Contractor's Address: [send Certified Mail, Return Receipt Requested]
You are notified that the Contract Times under the above Contract will commence to run
on
. On or before that date, you are to start performing your obligations under the Contract
Documents. In accordance with Article 4 of the Agreement, the date of Substantial Completion
is
, and the date of readiness for final payment is
[(or) the number of days to achieve
Substantial Completion is
, and the number of days to achieve readiness for final payment is
].
Before you may start any Work at the Site, Paragraph 2.01.B of the General Conditions
provides that you and Owner must each deliver to the other (with copies to Engineer and other
identified additional insureds and loss payees) certificates of insurance which each is required to
purchase and maintain in accordance with the Contract Documents.
Also, before you may start any Work at the Site, you must:
__________________________________ [add other requirements].
Benzie County Road Commission
Owner
Given by:
Authorized Signature
Title
Date
Copy to Engineer
EJCDC C-550 Notice to Proceed
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 1
PERFORMANCE BOND
CONTRACTOR (name and address):
SURETY (name and address of principal place of business):
OWNER (name and address):
Benzie County Road Commission 11318 Main Street (US‐31) Honor, MI 49640
CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location):
Construct single span tim b er bridge on Burnt Mill Road overWoodcock Creek including 0.10 miles of approach construction, HMA paving, pavement markings & slope restoration.
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form:
None
See Paragraph 16
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Performance Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
SURETY
(seal)
(seal)
Contractor’s Name and Corporate Seal
Surety’s Name and Corporate Seal
By:
By:
Signature
Signature (attach power of attorney)
Print Name
Print Name
Title
Title
Attest:
Attest:
Signature
Title
Signature
Title
EJCDC C-610 – Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 1 of 3
1. The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators, successors, and
assigns to the Owner for the performance of the Construction Contract,
which is incorporated herein by reference.
2. If the Contractor performs the Construction Contract, the Surety
and the Contractor shall have no obligation under this Bond, except
when applicable to participate in a conference as provided in
Paragraph 3.
3. If there is no Owner Default under the Construction Contract, the
Surety’s obligation under this Bond shall arise after:
3.1
The Owner first provides notice to the Contractor and
the Surety that the Owner is considering declaring a Contractor
Default. Such notice shall indicate whether the Owner is
requesting a conference among the Owner, Contractor, and Surety
to discuss the Contractor’s performance. If the Owner does not
request a conference, the Surety may, within five (5) business
days after receipt of the Owner’s notice, request such a
conference. If the Surety timely requests a conference, the Owner
shall attend. Unless the Owner agrees otherwise, any conference
requested under this Paragraph 3.1 shall be held within ten (10)
business days of the Surety’s receipt of the Owner’s notice. If the
Owner, the Contractor, and the Surety agree, the Contractor shall
be allowed a reasonable time to perform the Construction
Contract, but such an agreement shall not waive the Owner’s
right, if any, subsequently to declare a Contractor Default;
3.2
The Owner declares a Contractor Default, terminates
the Construction Contract and notifies the Surety; and
3.3
The Owner has agreed to pay the Balance of the
Contract Price in accordance with the terms of the Construction
Contract to the Surety or to a contractor selected to perform the
Construction Contract.
4. Failure on the part of the Owner to comply with the notice
requirement in Paragraph 3.1 shall not constitute a failure to comply
with a condition precedent to the Surety’s obligations, or release the
Surety from its obligations, except to the extent the Surety
demonstrates actual prejudice.
5. When the Owner has satisfied the conditions of Paragraph 3, the
Surety shall promptly and at the Surety’s expense take one of the
following actions:
5.1
Arrange for the Contractor, with the consent of the
Owner, to perform and complete the Construction Contract;
5.2
Undertake to perform and complete the Construction
Contract itself, through its agents or independent contractors;
5.3
Obtain bids or negotiated proposals from qualified
contractors acceptable to the Owner for a contract for
performance and completion of the Construction Contract,
arrange for a contract to be prepared for execution by the Owner
and a contractor selected with the Owners concurrence, to be
secured with performance and payment bonds executed by a
qualified surety equivalent to the bonds issued on the
Construction Contract, and pay to the Owner the amount of
damages as described in Paragraph 7 in excess of the Balance of
the Contract Price incurred by the Owner as a result of the
Contractor Default; or
5.4
Waive its right to perform and complete, arrange for
completion, or obtain a new contractor, and with reasonable
promptness under the circumstances:
5.4.1
After investigation, determine the amount for
which it may be liable to the Owner and, as soon as
practicable after the amount is determined, make payment to
the Owner; or
5.4.2
Deny liability in whole or in part and notify the
Owner, citing the reasons for denial.
6. If the Surety does not proceed as provided in Paragraph 5 with
reasonable promptness, the Surety shall be deemed to be in default on
this Bond seven days after receipt of an additional written notice from
the Owner to the Surety demanding that the Surety perform its
obligations under this Bond, and the Owner shall be entitled to enforce
any remedy available to the Owner. If the Surety proceeds as provided
in Paragraph 5.4, and the Owner refuses the payment or the Surety has
denied liability, in whole or in part, without further notice the Owner
shall be entitled to enforce any remedy available to the Owner.
7. If the Surety elects to act under Paragraph 5.1, 5.2, or 5.3, then
the responsibilities of the Surety to the Owner shall not be greater than
those of the Contractor under the Construction Contract, and the
responsibilities of the Owner to the Surety shall not be greater than
those of the Owner under the Construction Contract. Subject to the
commitment by the Owner to pay the Balance of the Contract Price,
the Surety is obligated, without duplication for:
7.1
the responsibilities of the Contractor for correction of
defective work and completion of the Construction Contract;
7.2
additional legal, design professional, and delay costs
resulting from the Contractor’s Default, and resulting from the
actions or failure to act of the Surety under Paragraph 5; and
7.3
liquidated damages, or if no liquidated damages are
specified in the Construction Contract, actual damages caused by
delayed performance or non-performance of the Contractor.
8. If the Surety elects to act under Paragraph 5.1, 5.3, or 5.4, the
Surety’s liability is limited to the amount of this Bond.
9. The Surety shall not be liable to the Owner or others for
obligations of the Contractor that are unrelated to the Construction
Contract, and the Balance of the Contract Price shall not be reduced or
set off on account of any such unrelated obligations. No right of
action shall accrue on this Bond to any person or entity other than the
Owner or its heirs, executors, administrators, successors, and assigns.
10. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
11. Any proceeding, legal or equitable, under this Bond may be
instituted in any court of competent jurisdiction in the location in
which the work or part of the work is located and shall be instituted
within two years after a declaration of Contractor Default or within
EJCDC C-610 – Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 2 of 3
two years after the Contractor ceased working or within two years
after the Surety refuses or fails to perform its obligations under this
Bond, whichever occurs first. If the provisions of this paragraph are
void or prohibited by law, the minimum periods of limitations
available to sureties as a defense in the jurisdiction of the suit shall be
applicable.
12. Notice to the Surety, the Owner, or the Contractor shall be mailed
or delivered to the address shown on the page on which their signature
appears.
13. When this Bond has been furnished to comply with a statutory or
other legal requirement in the location where the construction was to
be performed, any provision in this Bond conflicting with said
statutory or legal requirement shall be deemed deleted herefrom and
provisions conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished, the intent is
that this Bond shall be construed as a statutory bond and not as a
common law bond.
14. Definitions
14.1
Balance of the Contract Price: The total amount payable
by the Owner to the Contractor under the Construction Contract
after all proper adjustments have been made including allowance
for the Contractor for any amounts received or to be received by
the Owner in settlement of insurance or other claims for damages
to which the Contractor is entitled, reduced by all valid and
proper payments made to or on behalf of the Contractor under the
Construction Contract.
14.2
Construction Contract: The agreement between the
Owner and Contractor identified on the cover page, including all
Contract Documents and changes made to the agreement and the
Contract Documents.
14.3
Contractor Default: Failure of the Contractor, which has
not been remedied or waived, to perform or otherwise to comply
with a material term of the Construction Contract.
14.4
Owner Default: Failure of the Owner, which has not
been remedied or waived, to pay the Contractor as required under
the Construction Contract or to perform and complete or comply
with the other material terms of the Construction Contract.
14.5
Contract Documents: All the documents that comprise
the agreement between the Owner and Contractor.
15. If this Bond is issued for an agreement between a contractor and
subcontractor, the term Contractor in this Bond shall be deemed to be
Subcontractor and the term Owner shall be deemed to be Contractor.
16. Modifications to this Bond are as follows:
EJCDC C-610 – Performance Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 3 of 3
PAYMENT BOND
CONTRACTOR (name and address):
SURETY (name and address of principal place of business):
OWNER (name and address):
Benzie County Road Commission 11318 Main Street (US‐31) Honor, MI 49640 CONSTRUCTION CONTRACT
Effective Date of the Agreement:
Amount:
Description (name and location): Burnt Mill Road over Woodcock Creek Timber Bridge Construction & 0.10 miles of
roadway reconstruction.
BOND
Bond Number:
Date (not earlier than the Effective Date of the Agreement of the Construction Contract):
Amount:
Modifications to this Bond Form:
None
See Paragraph 18
Surety and Contractor, intending to be legally bound hereby, subject to the terms set forth below, do each cause
this Payment Bond to be duly executed by an authorized officer, agent, or representative.
CONTRACTOR AS PRINCIPAL
SURETY
(seal)
(seal)
Contractor’s Name and Corporate Seal
Surety’s Name and Corporate Seal
By:
By:
Signature
Signature (attach power of attorney)
Print Name
Print Name
Title
Title
Attest:
Attest:
Signature
Title
Signature
Title
EJCDC C-615, Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 1 of 3
7.
1.
2.
The Contractor and Surety, jointly and severally, bind
themselves, their heirs, executors, administrators,
successors, and assigns to the Owner to pay for labor,
materials, and equipment furnished for use in the
performance of the Construction Contract, which is
incorporated herein by reference, subject to the following
terms.
If the Contractor promptly makes payment of all sums due
to Claimants, and defends, indemnifies, and holds harmless
the Owner from claims, demands, liens, or suits by any
person or entity seeking payment for labor, materials, or
equipment furnished for use in the performance of the
Construction Contract, then the Surety and the Contractor
shall have no obligation under this Bond.
3.
If there is no Owner Default under the Construction
Contract, the Surety’s obligation to the Owner under this
Bond shall arise after the Owner has promptly notified the
Contractor and the Surety (at the address described in
Paragraph 13) of claims, demands, liens, or suits against the
Owner or the Owner’s property by any person or entity
seeking payment for labor, materials, or equipment
furnished for use in the performance of the Construction
Contract, and tendered defense of such claims, demands,
liens, or suits to the Contractor and the Surety.
4.
When the Owner has satisfied the conditions in Paragraph
3, the Surety shall promptly and at the Surety’s expense
defend, indemnify, and hold harmless the Owner against a
duly tendered claim, demand, lien, or suit.
5.
The Surety’s obligations to a Claimant under this Bond
shall arise after the following:
5.1
Claimants who do not have a direct contract with
the Contractor,
5.1.1
5.1.2
5.2
6.
have furnished a written notice of nonpayment to the Contractor, stating with
substantial accuracy the amount claimed
and the name of the party to whom the
materials were, or equipment was,
furnished or supplied or for whom the
labor was done or performed, within ninety
(90) days after having last performed labor
or last furnished materials or equipment
included in the Claim; and
have sent a Claim to the Surety (at the
address described in Paragraph 13).
Claimants who are employed by or have a direct
contract with the Contractor have sent a Claim to
the Surety (at the address described in Paragraph
13).
If a notice of non-payment required by Paragraph 5.1.1 is
given by the Owner to the Contractor, that is sufficient to
satisfy a Claimant’s obligation to furnish a written notice of
non-payment under Paragraph 5.1.1.
When a Claimant has satisfied the conditions of Paragraph
5.1 or 5.2, whichever is applicable, the Surety shall
promptly and at the Surety’s expense take the following
actions:
7.1
Send an answer to the Claimant, with a copy to the
Owner, within sixty (60) days after receipt of the
Claim, stating the amounts that are undisputed and
the basis for challenging any amounts that are
disputed; and
7.2
Pay or arrange for payment of any undisputed
amounts.
7.3
The Surety’s failure to discharge its obligations
under Paragraph 7.1 or 7.2 shall not be deemed to
constitute a waiver of defenses the Surety or
Contractor may have or acquire as to a Claim,
except as to undisputed amounts for which the
Surety and Claimant have reached agreement. If,
however, the Surety fails to discharge its
obligations under Paragraph 7.1 or 7.2, the Surety
shall indemnify the Claimant for the reasonable
attorney’s fees the Claimant incurs thereafter to
recover any sums found to be due and owing to the
Claimant.
8.
The Surety’s total obligation shall not exceed the amount of
this Bond, plus the amount of reasonable attorney’s fees
provided under Paragraph 7.3, and the amount of this Bond
shall be credited for any payments made in good faith by
the Surety.
9.
Amounts owed by the Owner to the Contractor under the
Construction Contract shall be used for the performance of
the Construction Contract and to satisfy claims, if any,
under any construction performance bond.
By the
Contractor furnishing and the Owner accepting this Bond,
they agree that all funds earned by the Contractor in the
performance of the Construction Contract are dedicated to
satisfy obligations of the Contractor and Surety under this
Bond, subject to the Owner’s priority to use the funds for
the completion of the work.
10. The Surety shall not be liable to the Owner, Claimants, or
others for obligations of the Contractor that are unrelated to
the Construction Contract. The Owner shall not be liable
for the payment of any costs or expenses of any Claimant
under this Bond, and shall have under this Bond no
obligation to make payments to or give notice on behalf of
Claimants, or otherwise have any obligations to Claimants
under this Bond.
11. The Surety hereby waives notice of any change, including
changes of time, to the Construction Contract or to related
subcontracts, purchase orders, and other obligations.
12. No suit or action shall be commenced by a Claimant under
this Bond other than in a court of competent jurisdiction in
the state in which the project that is the subject of the
Construction Contract is located or after the expiration of
one year from the date (1) on which the Claimant sent a
Claim to the Surety pursuant to Paragraph 5.1.2 or 5.2, or
EJCDC C-615, Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 2 of 3
(2) on which the last labor or service was performed by
anyone or the last materials or equipment were furnished
by anyone under the Construction Contract, whichever of
(1) or (2) first occurs. If the provisions of this paragraph
are void or prohibited by law, the minimum period of
limitation available to sureties as a defense in the
jurisdiction of the suit shall be applicable.
shall be to include without limitation in the terms of
“labor, materials, or equipment” that part of the
water, gas, power, light, heat, oil, gasoline,
telephone service, or rental equipment used in the
Construction
Contract,
architectural
and
engineering services required for performance of
the work of the Contractor and the Contractor’s
subcontractors, and all other items for which a
mechanic’s lien may be asserted in the jurisdiction
where the labor, materials, or equipment were
furnished.
13. Notice and Claims to the Surety, the Owner, or the
Contractor shall be mailed or delivered to the address
shown on the page on which their signature appears.
Actual receipt of notice or Claims, however accomplished,
shall be sufficient compliance as of the date received.
14. When this Bond has been furnished to comply with a
statutory or other legal requirement in the location where
the construction was to be performed, any provision in this
Bond conflicting with said statutory or legal requirement
shall be deemed deleted herefrom and provisions
conforming to such statutory or other legal requirement
shall be deemed incorporated herein. When so furnished,
the intent is that this Bond shall be construed as a statutory
bond and not as a common law bond.
15. Upon requests by any person or entity appearing to be a
potential beneficiary of this Bond, the Contractor and
Owner shall promptly furnish a copy of this Bond or shall
permit a copy to be made.
17.
16. Definitions
16.1
Claim: A written statement by the Claimant
including at a minimum:
1.
2.
3.
4.
5.
6.
7.
8.
16.2
16.3
Construction Contract: The agreement between
the Owner and Contractor identified on the cover
page, including all Contract Documents and all
changes made to the agreement and the Contract
Documents.
16.4
Owner Default: Failure of the Owner, which has
not been remedied or waived, to pay the Contractor
as required under the Construction Contract or to
perform and complete or comply with the other
material terms of the Construction Contract.
16.5
Contract Documents: All the documents that
comprise the agreement between the Owner and
Contractor.
If this Bond is issued for an agreement between a
contractor and subcontractor, the term Contractor in this
Bond shall be deemed to be Subcontractor and the term
Owner shall be deemed to be Contractor.
18. Modifications to this Bond are as follows:
The name of the Claimant;
The name of the person for whom the labor
was done, or materials or equipment furnished;
A copy of the agreement or purchase order
pursuant to which labor, materials, or
equipment was furnished for use in the
performance of the Construction Contract;
A brief description of the labor, materials, or
equipment furnished;
The date on which the Claimant last performed
labor or last furnished materials or equipment
for use in the performance of the Construction
Contract;
The total amount earned by the Claimant for
labor, materials, or equipment furnished as of
the date of the Claim;
The total amount of previous payments
received by the Claimant; and
The total amount due and unpaid to the
Claimant for labor, materials, or equipment
furnished as of the date of the Claim.
Claimant: An individual or entity having a direct
contract with the Contractor or with a subcontractor
of the Contractor to furnish labor, materials, or
equipment for use in the performance of the
Construction Contract. The term Claimant also
includes any individual or entity that has rightfully
asserted a claim under an applicable mechanic’s
lien or similar statute against the real property upon
which the Project is located. The intent of this Bond
EJCDC C-615, Payment Bond
Published December 2010 by the Engineers Joint Contract Documents Committee.
Page 3 of 3
Stored Material............ $
Work Completed.......... $
8. AMOUNT DUE THIS APPLICATION................................................... $
9. BALANCE TO FINISH, PLUS RETAINAGE
CHANGE ORDERS
Approved by:
is approved by:
Payment of:
is recommended by:
Payment of:
$
$
(Date)
Funding Agency (if applicable)
(Owner)
(Date)
(Date)
(Line 8 or other - attach explanation of the other amount)
(Engineer)
(Line 8 or other - attach explanation of the other amount)
EJCDC C-620 Contractor's Application for Payment
© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 1 of 2
Date:
The undersigned Contractor certifies that to the best of its knowledge: (1) all previous progress
payments received from Owner on account of Work done under the Contract have been applied on
account to discharge Contractor's legitimate obligations incurred in connection with Work covered by
prior Applications for Payment; (2) title of all Work, materials and equipment incorporated in said Work
or otherwise listed in or covered by this Application for Payment will pass to Owner at time of payment
free and clear of all Liens, security interests and encumbrances (except such as are covered by a Bond
acceptable to Owner indemnifying Owner against any such Liens, security interest or encumbrances);
and (3) all Work covered by this Application for Payment is in accordance with the Contract Documents
and is not defective.
(Column G on Progress Estimate + Line 5 above)................................... $
7. LESS PREVIOUS PAYMENTS (Line 6 from prior Application)........ $
NET CHANGE BY
6. AMOUNT ELIGIBLE TO DATE (Line 4 - Line 5c).............................. $
TOTALS
Contractor's Certification
By:
X
c. Total Retainage (Line 5a + Line 5b)................................ $
X
a.
b.
5. RETAINAGE:
(Column F on Progress Estimate).............................................................. $
4. TOTAL COMPLETED AND STORED TO DATE
3. Current Contract Price (Line 1 ± 2)......................................................... $
2. Net change by Change Orders................................................................... $
BCRC 11-01
1. ORIGINAL CONTRACT PRICE............................................................ $
Deductions
Engineer's Project No.:
Via (Engineer):
Number
Additions
Contractor's Project No.:
Contract:
From (Contractor):
Application Date:
Approved Change Orders
Change Order Summary
Application For Payment
Burnt Mill Rd over Woodcock Creek
Benzie County Road Commission
Owner's Contract No.:
Project:
(Owner):
To
Period:
Application
Contractor's Application for Payment No.
BURNT MILL ROAD OVER WOODCOCK CREEK
Bid Item No.
Totals
Description
A
Bid Item
Quantity
Unit Price
B
C
D
Estimated
Quantity
Installed
Value of Work
Installed to
Date
EJCDC C-620 Contractor's Application for Payment
© 2010 National Society of Professional Engineers for EJCDC. All rights reserved.
Page 2 of 2
Bid Item
Value ($)
Materials Presently
Stored (not in C)
E
Application Date:
Application Period:
Item
Application Number:
For (Contract):
Progress Estimate - Unit Price Work
Burnt Mill Road over Woodcock Creek
Total Completed
and Stored to Date
(D + E)
F
%
(F / B)
Balance to Finish
(B - F)
Contractor's Application
Certificate of Substantial Completion
Project: Burnt Mill Road over Woodcock Creek
Owner: Benzie County Road Commission
Owner's Contract No.:
Contract:
Engineer's Project No.: BCRC-L734
This Certificate of Substantial Completion applies to:
˜ All Work under the Contract Documents:
˜ The following specified portions of the Work:
Date of Substantial Completion
The Work to which this Certificate applies has been inspected by authorized representatives of Owner,
Contractor, and Engineer, and found to be substantially complete. The Date of Substantial Completion
of the Project or portion thereof designated above is hereby declared and is also the date of
commencement of applicable warranties required by the Contract Documents, except as stated below.
A [tentative] [definitive] list of items to be completed or corrected is attached hereto. This list may not
be all-inclusive, and the failure to include any items on such list does not alter the responsibility of the
Contractor to complete all Work in accordance with the Contract Documents.
The responsibilities between Owner and Contractor for security, operation, safety, maintenance,
heat, utilities, insurance and warranties shall be as provided in the Contract Documents except
as amended as follows:
˜ Amended Responsibilities
˜ Not Amended
Owner's Amended Responsibilities:
Contractor's Amended Responsibilities:
EJCDC C-625 Certificate of Substantial Completion
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 1 of 2
The following documents are attached to and made part of this Certificate:
This Certificate does not constitute an acceptance of Work not in accordance with the Contract
Documents nor is it a release of Contractor's obligation to complete the Work in accordance with the
Contract Documents.
Executed by Engineer
Date
Accepted by Contractor
Date
Accepted by Owner
Date
EJCDC C-625 Certificate of Substantial Completion
Prepared by the Engineers Joint Contract Documents Committee and endorsed by the Construction Specifications Institute.
Page 2 of 2
PROGRESS CLAUSE
1 of 1
05-08-2015
PROGRESS CLAUSE: After receiving Notice of Award, the Contractor shall start work no
sooner than July 6, 2015. In no case, shall any work be commenced prior to receipt of
formal notice of award by the Benzie County Road Commission.
Open Burnt Mill Road to through traffic and remove the detour by September 4, 2015. All
pay items on the project shall be complete with the final project completion date being
September 11, 2015. Failure to meet the above dates will result in the Contractor being
assessed Liquidated Damages in accordance with Section 108.10 of the 2012 Standard
Specifications for Construction.
No extensions of time will be granted for weather unless it can be shown that the weather affects
the controlling item of work.
No extensions of time will be allowed for increases in contract quantities, or extra work, unless it
can be shown that such increases or extras affect the controlling item of work.
No extensions of time will be granted for delays in delivery of critical materials, unless the delay
can be shown to be industry wide and the delay affects the controlling item of work.
The low bidder(s) for the work covered by this proposal will be required to meet with
representatives of the Benzie County Road Commission and Engineer to work out a detailed
progress schedule. The schedule for this meeting will be set after the low bidder is determined.
The named subcontractor(s) for Designated and/or Specialty Items, as shown in the proposal, is
recommended to be at the scheduled meeting if such items materially affect the work schedule.
The Project Engineer will arrange the time and place for the meeting.
The controlling dates, above, shall be included in the Progress Schedule.
BENZIE COUNTY ROAD COMMISSION
SPECIAL PROVISION
FOR
MAINTAINING TRAFFIC
1 of 3
05-08-2015
a. Description:
This work shall consist of all labor, materials, and equipment required to maintain traffic as specified
herein.
b. General:
Traffic will be maintained by the Contractor in accordance with the 2012 Edition of the MDOT Standard
Specifications for Construction, including any supplemental specifications, and as herein specified. All
traffic control devices and their usage shall comply with the 2011 edition of the Michigan Manual of
Uniform Traffic Control Devices (MMUTCD), as revised.
c. Construction Influence Area (CIA):
The CIA limits shall include the area within the proposed right-of-way for Burnt Mill Road in
Almira Township from 500’ south of Woodcock Creek northerly to 500’ north of Woodcock Creek,
plus a distance in advance as required for the advanced construction signing and traffic control devices.
It shall include the detour route roadways: Oakley Road, Hulbert Road, and Fogg Road. The CIA
shall also extend down all intersecting roadways a distance of 550 feet.
d. Traffic Restrictions:
All work shall be confined to daylight hours. No work shall be permitted on Saturdays, Sundays,
or holidays. A closure of Burnt Mill Road within the project limits will be allowed. Through traffic
shall be detoured in accordance with the detour signing plan.
The Contractor will maintain traffic in accordance with Maintaining Traffic Typicals and the detour
signing plan. Commercial and residential driveways shall remain accessible at all times.
e. Traffic Control Devices:
All warning signs shall be 48” x 48” mounted at 5 ft minimum bottom height in uncurbed areas. All
construction signs left in place for a duration exceeding 3 days, including detour signing, will be on
driven posts as per WZD-100-A. Temporary Traffic Control Devices shall conform to WZD-125-E.
Quantities for traffic control devices have been estimated based on detour signing. The Contractor shall
place Pavt Mrkg, Type NR, Tape, 4 inch, yellow, Temp for temporary centerline markings daily on new
HMA surfaces (4’ strips spaced at 50 feet).
Page 2 of 3
05-08-2015
e. Measurement and Payment. The completed work for Maintaining Traffic, including all labor,
materials, and equipment as required, shall be measured and paid for using the following:
Pay Item
Unit
Minor Traf Devices
Plastic Drum, High Intensity, Furn
Plastic Drum, High Intensity, Oper
Barricade, Type III, High Intensity, Double Sided, Furn
Barricade, Type III, High Intensity, Double Sided, Oper
Sign, Type B, Temp, Prismatic, Furn
Sign, Type B, Temp, Prismatic, Oper
Pavt Mrkg, Type NR, Tape, 4 inch, Yellow, Temp
Lump Sum
Each
Each
Each
Each
Square Foot
Square Foot
Foot
BENZIE COUNTY ROAD COMMISSION
SPECIAL PROVISION
FOR
STRUCTURE, TIMBER - INSTALL
1 of 1
05/08/2015
a. Description:
Install a timber bridge as shown on the Engineer’s plans and the Fabricator’s plans. All Timber
Bridge materials, including piles and hardware, will be supplied by the Benzie County Road
Commission (BCRC) and delivered to the project site.
The Timber Bridge supplier shall be Krenn Bridge Company as previously determined by the
BCRC.
b. Construction:
Construction methods shall be in accordance with subsection 709.03 of the 2012 Standard
Specifications for Construction. Drive nails and spikes with sufficient force to set the heads
flush with surface of the wood, thus ensuring that the surface is free from deep and frequent
hammer marks. Handle lumber and timber with sufficient care to avoid breaking through
portions penetrated by the treatment, and thereby exposing untreated wood. Do not use chains,
peavies, cant hooks, picaroons, timber dogs, pike poles and other pointed tools that would burr,
blemish, penetrate or deform the contacted timber. Use only rope, rubber or fabric slings.
Secure ship lapped joints with drive spikes. Connect multiple panels with spreader beams and
secure through the deck panels with bolts and locking hardware.
The supplier shall be responsible for assisting the contractor with construction of the structure.
c. Measurement and Payment:
The completed work as described will be paid for at the contract unit price for the following
contract item (pay item)
Pay Item
Unit
Structure, Timber – Install
Lump Sum
Furnishing pile driving equipment, driven timber piles and treated timber test piles are not part of
Structure, Timber – Install and will be paid for separately.
BENZIE COUNTY ROAD COMMISSION
SPECIAL PROVISION
FOR
HMA APPLICATION ESTIMATE
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05-08-2015
a. Description:
This work shall be done in accordance with the requirements of section 501 of the 2012 Edition of the
Michigan Department of Transportation Standard Specifications for Construction, except as specified herein.
b. Construction Methods:
The Nuclear Gage Method for testing compaction is hereby waived for this project. The Number of Rollers
Method shall apply. Rolling will be in accordance with the Special Provision for Acceptance of HMA
Mixture on Local Agency Projects Using the Roller Method, except that the contractor is responsible for
establishing the rolling pattern twice daily, to be verified by the engineer.
c. Materials:
The HMA, LVSP (Top course) shall have a yield of 165 pounds per square yard. The
HMA, LVSP (Leveling course) shall have a yield of 165 pounds per square yard.
The Asphalt Cement for the Mixture shall be 58-28 performance grade.
The top course of HMA pavement shall have a minimum AWI of 220.
The Bond Coat material shall be as specified in the 2012 Standard Specifications for Construction. The
application rate on existing or between courses shall be 0.05 - 0.15 gallon per square yard. Payment for this
work will be included in payment for the applicable HMA mixture.
d. Measurement and Payment:
Measurement and Payment shall be at the contract unit price of HMA, LVSP.
BENZIE COUNTY ROAD COMMISSION
SPECIAL PROVISION
FOR
SLOPE RESTORATION
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4-2-2014
a. Description. This work shall consist of all labor, equipment, and materials required to
provide turf establishment items (topsoil, fertilizer, seed, and mulch blanket) on newly graded
surfaces within the project.
b. Construction Methods. Slope Restoration shall include, but is not limited to, the
following work: preparing foundation soils, furnishing, placing and grading topsoil, fertilizing,
seeding, and placing mulch blanket.
Unless otherwise specified herein, all work shall be in accordance with Section 816 and 917 of
the 2012 Michigan Department of Transportation Standard Specifications for Construction and
Standard Plan R-100 Series.
Application rates for the various materials shall be as follows:
Topsoil Surface, salvaged or furnished
Seeding Mixture, TDS
Fertilizer, Chemical Nutrient, Cl A
Mulch Blanket
4 inches min,
220 lbs / Acre
176 lbs / Acre
Per Manufacturers Specifications
The supplier’s certification that the above items meet the specifications will be required.
A premium or lawn seed mix shall be used for all areas are mowed or maintained by adjacent
property owners.
Shape, compact and assure all areas to be seeded are weed free prior to placing topsoil. Place
topsoil to the minimum depth indicated above, to meet proposed finished grade. If the area
being restored requires more than the minimum depth of topsoil to meet finished grade, this
additional depth must be filled using topsoil or, at the Contractor’s option, embankment.
Furnishing and placing this additional material is included in this item of work.
All generated waste shall be disposed of in accordance with Subsection 205.03 of the 2012
Michigan Department of Transportation Standard Specifications for Construction at the
Contractor's expense.
P&N:HD
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4-2-2014
c. Measurement and Payment. The completed work as measured for Slope
Restoration will be paid for at the contract unit price for the following contract pay item:
Contract Item (Pay Item)
Pay Unit
Slope Restoration
Square Yard
Slope Restoration quantities are measured from the limits of grading areas (max. 3’ outside the
slope stake line or to the ROW if less than 3 ft.) to the edge of the gravel shoulder along the
slope where shown on the plans or as directed by Engineer. All other areas disturbed by the
Contractor will not be included in Slope Restoration quantities.
The Contractor may substitute high velocity mulch blankets for mulch blankets at no additional
cost to the project.
BENZIE COUNTY ROAD COMMISSION
NOTICE TO BIDDERS
UTILITY COORDINATION
05-08-2015
1 of 1
The contractor shall cooperate and coordinate construction activities with the owners of utilities as stated
in Section 104.08 of the 2012 MDOT Standard Specifications for Construction. In addition, for the
protection of underground utilities, the contractor shall follow the requirements in Section 107.12 of the
2012 MDOT Standard Specifications for Construction. Contractor delay claims, resulting from a utility,
will be determined based upon Section 108.09 and 109.05 of the 2012 MDOT Standard Specifications for
Construction.
For protection of underground utilities and in conformance with Public Acts 53, the contractor shall dial
1-800-482-7171 a minimum of three full working days, excluding Saturdays, Sundays, and holidays prior
to beginning each excavation in areas where public utilities have not been previously located. Members
will thus be routinely notified. This does not relieve the contractor of the responsibility of notifying
utility owners who may not be a part of the MISS DIG alert system.
Public Utilities:
The following Public Utilities have facilities located within the Right-of-Way:
CenturyLink
PO Box 389
100 2nd Street
Pinconning, MI 48650
Contact: Art Simons
(989) 879-8715
Telephone
DTE Energy/Mich Con
1250 Michcon Lane, SW
PO Box 279
Kalkaska, MI 49646
Contact: Ken Lake
(231) 258-3785
Cherryland Electric
PO Box 298
Grawn, MI 49637
Contact: Frank Seipker
(231) 486-9200
Electric
Charter Communications
5955 Cedar Run Road
Traverse City, MI 49684
Contact: Matt Claycomb
(231) 932-8130
Gas
Cable TV
The owners of existing service facilities that are within grading or structure limits will move them to
locations designated by the Engineer or will remove them entirely from the highway Right-of-Way, when
feasible. Owners of Public Utilities will not be required by the County to move additional poles or
structures in order to facilitate the operation of construction equipment unless it is determined by the
Engineer that such poles or structures constitute a hazard to the public or are dangerous to the
Contractor’s operations.
12SP105(A)
MICHIGAN
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
BUY AMERICA
C&T:JJG
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C&T:APPR:POJ:JC:01-27-12
FHWA:APPR:01-27-12
Delete subsection 105.10, on page 53 of the 2012 Standard Specifications for
Construction, in its entirety and replace with the following:
105.10. Source of Steel and Iron. Provide steel and iron materials and products, for
permanent incorporation into the work, that were produced only in the United States.
●
●
All Steel and iron materials and/or products including products that include steel
components or materials.
Permanent incorporation includes any items that are identified as temporary but are left
in place permanently (including welding rods which are typically an iron/steel product
which becomes a permanent part of the structure as well as the welding process itself as
it alters the iron/steel and must occur domestically).
All steel and iron products and manufacturing processes of the steel and iron material in a
product, including but not limited to, smelting, rolling, melting, extruding, machining, bending,
grinding, drilling, welding, galvanizing, and coating must occur within the United States.
●
●
Coating includes all processes which protect or enhance the value of the material to
which the coating is applied.
The material applied as a coating is not subject to Buy America requirements.
Maintain and submit a comprehensive list of all steel and/or iron components to be used in the
project prior to incorporation of the associated steel and/or iron components into the project.
The list must include all steel and/or iron products/components to be used on the project and
also list all relevant information for each individual component. This must include the source of
origin, fabrication steps, coatings, etc., for each component involved in the manufacture of the
final product. All items on the list that do not have the required certification will be considered to
not meet Buy America requirements. All items listed that do not meet Buy America
requirements must also have the invoice prices listed for those components to qualify for
eligibility under the minimal use of foreign material as defined below. Provide satisfactory cost
documentation to the Engineer prior to payment and incorporation of the materials into the
project when foreign steel or iron is used as provided in this special provision and the contract.
All products containing steel and/or iron must have all material certifications of compliance with
Buy America requirements submitted in a package covering each step of their manufacture. All
material certifications for a product must be submitted to the Engineer concurrent with material
delivery and prior to incorporation into the project.
Include as a minimum the following information in the material certification package for each
steel and/or iron product.
C&T:JJG
●
●
●
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12SP105(A)
01-27-12
Mill test report signed by the manufacturer.
Signed certification by each fabricator/manufacturer that has processed the steel/iron
including but not limited to, smelting, rolling, melting, extruding, machining, bending,
grinding, drilling, welding, galvanizing, and coating the steel or iron product affirming that
every process, including the application of a coating performed on the steel or iron
product has been carried out in the United States.
Material descriptions, quantities, and means of material identification such as heat
numbers, lot numbers, and other industry identification markings on all material
certifications of compliance for each process the material underwent so the final product
can be tracked through a step process from smelting to final product.
The above requirements do not preclude a minimal use of foreign material provided the total
invoice cost of foreign material permanently incorporated into the project does not exceed 0.1
percent of the original contract amount or $2,500 whichever is greater. The Department defines
the total invoice cost as the total value of the foreign steel materials delivered to the project.
Include all steel and iron materials, that can’t be substantiated as being of domestic origin, in the
calculations for foreign material. The invoice amount must be listed on the steel source
information document submitted prior to the start of the project.
The Engineer must pre-approve the use and incorporation of all permanent foreign steel or iron
on the project, including all temporary left in place steel or iron that is incorporated into the
project. Any undocumented steel that is found to have been delivered to a project will be
removed at contractor expense and replaced with certified products and/or materials.
Steel or iron products used to facilitate the construction of the project even if defined as
temporary that are permanently incorporated into the project are subject to the Buy America
requirements. Steel or iron products that are used on a temporary basis and removed from the
project are not subject to the Buy America requirements.
No payment will be made for any steel or iron components or products containing steel/iron,
until all certifications have been approved by the Engineer. The Department will only make
payment for materials that are in compliance with these Buy America specifications. The entire
cost of any removals and/or replacement of materials not meeting these requirements along
with any other related costs, delays, or penalties are the sole responsibility of the Contractor.
12SP501(A)
MICHIGAN
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
SAMPLING ASPHALT BINDER ON LOCAL AGENCY PROJECTS
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C&T:APPR:JAR:JTL:12-19-01
FHWA:CON. APPR:06-06-11
For informational purposes, original samples of asphalt binder will be taken by the Contractor and
delivered to the Engineer prior to incorporation into the mixture. The frequency of sampling shall be
determined by the Engineer. The cost of obtaining and delivering the samples to the Engineer will
be included in the hot mix asphalt (HMA) pay items.
The Contractor must certify in writing that the materials used in the HMA mixture are from the same
source as the materials used in developing the HMA mixture design and the bond coat is from an
approved supplier as stated in MDOT’s Material Quality Assurance Procedures Manual.
12SP501(E)
MICHIGAN
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
RECYCLED HOT MIX ASPHALT MIXTURE
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FHWA:CON. APPR:06-06-11
Add the following subsection to subsection 501.02.A.2, on page 234 of the Standard
Specifications for Construction.
c. Reclaimed Asphalt Pavement (RAP) and Binder Grade Selection. The method for
determining the binder grade in HMA mixtures incorporating RAP is divided into three
categories designated Tier 1, Tier 2 and Tier 3. Each tier has a range of percentages that
represent the contribution of the RAP binder toward the total binder, by weight. The tiers
identified below apply to Marshall mixtures.
Recycled materials may be used as a substitute for a portion of the new materials required
to produce HMA mixtures in accordance with contract documents.
●
Tier 1 ( 0% to 17% RAP binder by weight of the total binder in the mixture). No
binder grade adjustment is made to compensate for the stiffness of the asphalt binder in
RAP.
●
Tier 2 (18% to 27% RAP binder by weight of the total binder in the mixture). For
all mixtures no binder grade change will occur in Tier 2 for all shoulder and
temporary road mixtures.
For Marshall mixtures lowering the high temperature of the binder one grade is optional
except in the Metro Region in which the selected binder grade for the asphalt binder is
one grade lower for the high temperature than the binder grade required for the
specified project mixture type. For example, if the specified binder grade for the mixture
type is PG64-22, the required grade for the binder in the recycled mixture would be a
PG58-22.
The asphalt binder grade can also be selected using a blending chart for high and low
temperatures. The Contractor must supply the blending chart and the RAP test data
used in determining the binder selection according to AASHTO M 323.
●
Tier 3 ( ≥ 28% RAP binder by weight of the total binder in the mixture). The binder
grade for the asphalt binder is selected using a blending chart for high and low
temperatures per AASHTO M 323. The Contractor must supply the blending chart and
the RAP test data used in determining the binder selection.
12SP501(F)
MICHIGAN
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
MARSHALL HOT MIX ASPHALT MIXTURE
C&T:JWB
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FHWA:APPR:06-06-11
a. Description. Furnish hot mix asphalt (HMA) mixture, designed using Marshall Mixture
Design Methods, in accordance with the standard specifications except as modified by this
special provision.
b. Mix Design. Submit the mix design for evaluation in accordance with the Department’s
HMA Production Manual. Use a 50 blow Marshall hammer when compacting mixtures for
developing Marshall mix designs.
c. Recycled Mixtures. Substituting reclaimed asphalt pavement (RAP) for a portion of the
new material required to produce HMA mixture is allowed provided that the mixture is designed
and produced to meet all criteria specified herein, unless otherwise prohibited. RAP materials
must be in accordance with the standard specifications.
d. Materials. Table 1 provides the mix design criteria and volumetric properties. Table 2
provides the required aggregate properties. Use aggregates of the highest quality available to
meet the minimum specifications. Use the mixture designation number shown in the contract
item name when determining mix design properties from Tables 1 and 2.
e. Measurement and Payment. The completed work, as described, will be measured and
paid for at the contract unit price using the following pay item:
Pay Item
Pay Unit
HMA, (type) ................................................................................................................... Ton
Table 1: Mix Design Criteria and Volumetric Properties
Mixture No.
Target Air Void, % (a)
2C
3C
4C
13A
36A
3.00
4.00
4.00
4.00
4.00
VMA (min) (b)
11.00
13.00
14.00
14.00
15.00
VFA
65-78
65-78
65-78
65-78
65-78
Fines to Binder Ratio (max) (c)
1.2
1.2
1.2
1.2
1.2
Flow (0.01 inch)
8 -16
8 -16
8 -16
8 -16
8 -16
Stability (min), lbs
1200
1200
1200
900
900
a.
b.
c.
Lower target air voids by 1.00% if used in a separate shoulder paving operation. Consider reducing air void
targets to 3.00% for lower traffic volume roadways when designing 13A and 36A mixtures for local agency
use.
VMA calculated using Gsb of the combined aggregates.
Ratio of the weight of aggregate passing the No. 200 sieve to total asphalt binder content by weight; including
fines and binder contributed by RAP.
C&T:JWB
12SP501(F)
09-25-06
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Table 2: Aggregate Properties
Mixture No.
2C
3C
4C
13A
36A
Percent Passing Indicated Sieve or Property Limit
1 1/2 inch
100
1 inch
91-100
100
3/4 inch
90 max.
91-100
100
100
1/2 inch
78 max.
90 max.
91-100
75-95
100
3/8 inch
70 max.
77 max.
90 max.
60-90
92-100
No. 4
52 max.
57 max.
67 max.
45-80
65-90
No. 8
15-40
15-45
15-52
30-65
55-75
No. 16
30 max.
33 max.
37 max.
20-50
No. 30
22 max.
25 max.
27 max.
15-40
No. 50
17 max.
19 max.
20 max.
10-25
No. 100
15 max.
15 max.
15 max.
5-15
No. 200
3-6
3-6
3-6
3-6
3-10
90
90
90
25
60
Soft Particle (max), % (a)
12.0
12.0
8.0
8.0
8.0
Angularity Index (min) (b)
4.0
4.0
4.0
2.5
3.0
L.A. Abrasion (max), % loss (c)
40
40
40
40
40
-
-
-
50
50
Crushed (min), % (MTM 117)
Sand Ratio (max) (d)
25-45
a. The sum of the shale, siltstone, structurally weak, and clay-ironstone particles must not exceed 8.0
percent for aggregates used in top course. The sum of the shale, siltstone, structurally weak, and
clay-ironstone particles must not exceed 12.0 percent for aggregates used in base and leveling
courses.
b. The fine aggregate angularity of blended aggregates, determined by MTM 118, must meet the
minimum requirement. In mixtures containing RAP, the required minimum fine aggregate angularity
must be met by the virgin material. NAA fine aggregate angularity must be reported for information
only and must include the fine material contributed by RAP if present in the mixture.
c. Los Angeles abrasion maximum loss must be met for the composite mixture, however, each
individual aggregate must be less than 50
d. Sand ratio for 13A and 36A no more than 50% of the material passing the No. 4 sieve is allowed to
pass the No. 30 Sieve.
12SP501(J)
MICHIGAN
DEPARTMENT OF TRANSPORTATION
SPECIAL PROVISION
FOR
ACCEPTANCE OF HMA MIXTURE ON LOCAL AGENCY PROJECTS
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FHWA:CON. APPR:06-06-11
a. Description. This special provision provides acceptance testing requirements for use on
local agency projects that do not include the quality control/quality assurance special provision.
The HMA mixture provided must meet the requirements of the standard specifications, except
where modified herein.
b. Materials. Provide a mixture of aggregates, mineral filler (if required), and asphalt binder
proportioned to be within the master gradation limits shown in the project documents, and meeting
the uniformity tolerances listed in Table 1. The master gradation range is to be used for
establishing mix design only. Topsoil, clay, or loam can not be added to aggregates which are to
be used in plant mixed HMA mixtures.
c. Construction. After the job-mix-formula (JMF) is established, the aggregate gradation and
the binder content of the HMA mixture furnished for the work must be maintained within the Range
1 uniformity tolerance limits permitted for the JMF specified in Table 1. However, if deviations are
predominantly either below or above the JMF, the Engineer may order alterations in the plant to
bring the mixture to the JMF. If two consecutive aggregate gradations on one sieve, or binder
contents as determined by the field tests, are outside Range1 but within Range 2 tolerance limits,
the Contractor must suspend all operations. Contract time will continue during these times when
the plant is down. Before resuming any production, the Contractor must propose, for the Engineer's
approval, all necessary alterations to the materials or plant so that the JMF can be maintained. The
Engineer will evaluate the alterations for there effects on AWI and mix design properties and will
approve or disapprove the alterations.
The Engineer will perform acceptance sampling and testing. Each day of production, a minimum of
two samples will be obtained for each mix type. Acceptance testing will be performed at the
frequency specified by the Engineer. No less than three samples will be obtained for each mix
type. Quality control measures to insure job control are the responsibility of the Contractor.
The crushed particle content of the aggregate used in the HMA mixture must not be more than 10
percentage points above or below the crushed particle content used in the JMF nor less than the
minimum specified for the aggregate in the contract.
Establish a rolling pattern that will achieve the required in place density. The Engineer will measure
pavement density with a Nuclear Density Gauge using the Gmm from the JMF for the density
control target. The required in place density of the HMA mixture must be 92.0 to 96.0 percent of the
density control target.
C&T:JWB
12SP501(J)
07-27-04
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Table 1: Uniformity Tolerance Limits for HMA Mixtures
PARAMETER
TOP & LEVELING COURSE
BASE COURSE
Range 1(a)
Range 2
Range 1(a)
Range 2
Binder Content
± 0.40
± 0.50
± 0.40
± 0.50
% Passing # 8
and Larger Sieves
± 5.0
± 8.0
± 7.0
± 9.0
% Passing # 30
Sieve
± 4.0
± 6.0
± 6.0
± 9.0
% Passing # 200
Sieve
± 1.0
± 2.0
± 2.0
± 3.0
a. This range allows for normal mixture and testing variations. The mixture must be
proportioned to test as closely as possible to the Job-Mix-Formula.
d. Rejected Mixtures. If for any one mixture, two consecutive aggregate gradations on one
sieve or binder contents as determined by field tests exceed the uniformity tolerance of Range 2
under Table 1, or do not meet the minimum requirements for crushed particle content specified in
the project documents, the mixture will be rejected. If such mixtures are placed in a pavement, the
remaining portions of the failing field samples (split sample) will be sent to the MDOT Central
Laboratory to confirm the field test results. If the Laboratory's results do not confirm the field test
results and there are no price adjustments required due to test failures on the asphalt binder, then
no price adjustments will be made for the mixture involved. If the Laboratory's results confirm the
field test results and if, in the Engineer's judgment, the defective mixture can remain in place and
there are no price adjustments required due to test failures on the asphalt binder, the contract unit
price for the defective mixture involved, as determined from field tests, will be decreased on the
following basis:
The contract unit price for material outside of Range 2 or with a crushed particle content
below that specified in the project documents will be decreased 25 percent.
If three consecutive aggregate gradations on one sieve, or bitumen contents as determined by field
tests are outside Range 1 but within Range 2 tolerance limits, the mixture produced from the time
the third sample was taken until the gradation, or bitumen content is corrected back into Range 1
will be decreased in contract unit price by 10 percent. Field tests indicating that mixtures are
subject to the 10 percent penalty will be confirmed in the same manner as mixtures subject to the
25 percent penalty as described herein.