16-Bergen County Zoo RR PROJECT MANUAL 9.9.25 FINAL.pdf

VAN SAUN ZOO RAILROAD IMPROVEMENTS

General Construction Agreement (CA – 1)

CONTRACT BIDDING DOCUMENTS

COUNTY OF BERGEN, NEW JERSEY

VAN SAUN ZOO RAILROAD

VAN SAUN ZOO RAILROAD IMPROVEMENTS,

Paramus, New Jersey

September 2025

BOOK 1 OF 1

County Of Bergen

Purchasing Division

One Bergen County Plaza

Hackensack, NJ 07601

201-336-6950

BID SET

CONTRACT BC-C-25-019

Prepared by:

Saratoga Railroad Engineering PC

11 Rose Terrace

Saratoga Springs, NY 12866

General Construction Agreement (CA – 2)

SCOPE OF WORK

The Contractor is to provide all the necessary services, material, equipment, labor and superintendence necessary to perform the construction work in accordance with the standards of the Chance Rides

Manufacturing, Inc., the American Railway Engineering & Maintenance of Way Association, and

Additional specifications are set forth in the Appendices to the Contract.

The project includes but is not limited to:

RAILROAD SIGNAL WORK

ITEM 75675.1725 – Furnishing and Installing Railroad Train Control Signal System

Detailed below:

Item 75675.17251 in its entirety shall apply where applicable as modified below:

Design:

New signal MATERIAL per contract plans provided for this project and specification 75675.1725 to include the following:

Material:

• LOCATION A: SIGNAL A

▪ Includes installing an Automatic Signal location per below:

▪ Furnish & Install Railroad Signal 6’ x 6’ House per contract plans

▪ Furnish & Install Railroad Gate Western Cullen 3593 with foundation and gate across track when down.

▪ Furnish & Install Automatic Signal with foundation per contract plans

▪ Power service to the cast run and provided by others

▪ Direct Burial Cables connecting adjacent signal locations per contract plans.

▪ Two new Railroad Crossing Signal gates with 3593 at the main grade crossing of the Zoo entrance installed with 12” LED lights, and gates with LED gate lights.

Cable as needed.

▪ Necessary conduit runs per contract plans

• LOCATION B: SIGNAL B

▪ Includes installing an Automatic Signal location per below:

▪ Furnish & Install Railroad Signal Case per contract plans

General Construction Agreement (CA – 3)

▪ Furnish & Install Railroad Gate Western Cullen 3593 with foundation and gate across track when down.

▪ Furnish & Install Automatic Signal with foundation per contract plans

▪ Power service to the cast run and provided by others

▪ Direct Burial Cables connecting adjacent signal locations per contract plans.

▪ Necessary conduit runs per contract plans

• LOCATION C: SIGNAL C

▪ Includes installing an Automatic Signal location per below:

▪ Furnish & Install Railroad Signal Case per contract plans

▪ Furnish & Install Automatic Signal with foundation per contract plans

▪ Power service to the cast run and provided by others

▪ Direct Burial Cables connecting adjacent signal locations per contract plans.

▪ Furnish Cable and interconnect to existing single Chance Rides Flasher and remove the existing microswitch devices currently actuating the signal, now actuated by track circuits contained within the new signal case per contract plans. Make any repairs necessary to have a fully functional signal with bell.

▪ Necessary conduit runs per contract plans

• LOCATION D: SIGNAL D

▪ Includes installing an Automatic Signal location per below:

▪ Furnish & Install Railroad Signal Case per contract plans

▪ Furnish & Install Automatic Signal with foundation per contract plans

▪ Power service to the cast run and provided by others

▪ Direct Burial Cables connecting adjacent signal locations per contract plans.

▪ Necessary conduit runs per contract plans

• LOCATION E: SIGNAL E

▪ Includes installing an Automatic Signal location per below:

▪ Furnish & Install Railroad Signal Case per contract plans

▪ Furnish & Install Automatic Signal with foundation per contract plans

▪ Power service to the cast run and provided by others

General Construction Agreement (CA – 4)

▪ Direct Burial Cables connecting adjacent signal locations per contract plans.

▪ Furnish Cable and interconnect to existing 2 each Chance Rides Flashers and remove the existing microswitch devices currently actuating the flashers, now actuated by track circuits contained within the new signal case per contract plans.

Make any repairs necessary to have a fully functional signal with bell.

▪ Necessary conduit runs per contract plans

• TRACK BONDING

▪ Furnish and install railroad grade drilled jumper wires around all joints in the complete loop of main track per contract plans.

• INSULATED JOINTS

▪ Furnish and install 26 each railroad 12 lb. insulated rail joint bar kits at existing joints per contract plans.

• INSULATED TURNOUT THROW RODS

▪ Furnish and install 3 each railroad 12 lb. insulated throw rods at existing turnouts per contract plans.

General Construction Agreement (CA – 5)

INSULATED JOINTS

ITEM 75675. 5810 – Installing Insulated Joints

Detailed below:

Item 75675.5810 in its entirety shall apply where applicable as modified below:

Design:

Insulated joints shall be installed per contract plans at locations designated. Joints shall make use of existing joints but may, based upon required location, require saw cutting and drilling. New bolt sets shall be used with insulated joints and additional cut spikes shall be installed per Chance Rides

“Installation of Components and Track Preparation.”

Material:

• Joint bars (non-insulated) shall be removed.

General Construction Agreement (CA – 6)

GENERAL CONDITIONS

VAN SAUN ZOO RAILROAD FACILITY IMPROVEMENT PROJECT

General Conditions (GC – 1) 221287745.2

1. GENERAL

Although bid items are separated for convenience, proposals must include bids for all Bid items. The successful Bidder will be the low overall acceptable Bidder and only one Contract will be awarded for this work. Whenever in this document the gender term of he; his; himself” are used, it shall also be construed to also mean ‘she; her; herself’.

Wherever the term “Engineer” is used in this document it means the Engineer(s) of the Owner or such other person as the Owner or Engineer may designate (in writing addressed to the Contractor) as his authorized representative. All correspondence or communications directed to the Owner and in any manner relating to, or affecting, the obligations of either the Contractor or the Owner under this Agreement MUST BE ADDRESSED DIRECTLY TO THE ENGINEER.

All directions, explanations and instructions referred to in or required by this Agreement will be given by the Engineer. The Contractor may at any time require any instructions to be stated in writing. It is also agreed that the functions and powers of any Assistant Engineers and Inspectors designated as Engineer’s representatives are limited to the monitoring of the Contractor’s operations in executing the work pursuant to this Agreement, and that no authority is given the said Assistant

Engineers or Inspectors to make, permit or authorize and they are hereby expressly prohibited from making, permitting, or authorizing any alternations, changes or departures in or from the terms and provisions of this Agreement or said Contract Plans and Specifications, unless determined appropriate by Railroad.

2. WORK AFFECTING RAILROADS

Because of railroad involvement, with the respect to the use of a flagman, the Contractor is advised that the purpose of a railroad flagman is to protect rail operations from the Contractor’s activities occurring on this project. It is therefore up to the sole discretion of the railroad representative

(Project or Field Engineer, or Construction Inspector) when a flagman is necessary. Generally, one or more flagmen will be required where a track is/or may be fouled by the Contractor’s equipment and/or personnel. A track is generally considered to be fouled when personnel and/or equipment are within fifteen feet (15) of center of track. A track is also considered fouled when equipment which is more than fifteen feet from the center of track may infringe upon this fifteen-foot area due to operator error or equipment failure.

3. CONTRACTOR QUALIFICATIONS

Prospective Bidders are asked to submit to the Owner the following data to demonstrate their qualifications, including that they have at least five (5) years of experience in this type of construction work involving railroad signal design and improvements:

1. A tabulation of the work performed by the Bidder during the last five (5) years requiring railroad signal design, construction or maintenance work, and including the following data: contractor status, prime or sub, general scope and dollar amount of work and the identity of individual who accepted these projects.

2. A resume of experience for the key personnel who would be in charge of this work and be at the work site during the performance of the work.

General Conditions (GC – 2)

3. A listing of equipment, tools and vehicles which will be available and utilized during the performance of the work.

The Contractor is reminded of the provision of Section 103-0 1, Award of Contract of the Standard

Specifications.

4. EXISTING UTILITIES/COORDINATION

Prior to commencement of work under this Contract, the Contractor shall determine the exact location of all electric, gas distribution, transmission lines, storm, steam, and sanitary sewer lines within the work site(s); and shall instruct personnel concerning these and shall take all appropriate safety steps to ensure that these lines are protected from contact or physical damage during the

Contractor’s operations. The Contractor shall determine the exact location of all underground and overhead utilities in the area by contacting the appropriate owners.

All existing utilities, whether public or private, shown on the Contract Plans or not, shall be maintained in proper working order by the Contractor, any damage caused by construction work shall be the sole responsibility of the offending Contractor to repair, replace or otherwise return to service as soon as possible to the satisfaction of the utility owner.

Field stakeout of existing underground utilities required within the project limits shall be accomplished by the utility owner provided the Contractor notifies the proper authorities in advance of any excavation, probing or construction activities.

Utilities requiring relocation or removal for work to begin or progress shall be planned and coordinated with the respective owner in accordance with the necessary prior notification requirements for each respective utility.

The Contractor shall investigate and satisfy himself/herself that all utilities, above ground and underground, have been identified and coordination developed with its respective owner(s).

5. SAFETY

The Contractor shall be responsible at all times for the safety and protection of persons who may for any reason enter within the limits of the work site(s).

The Contractor shall comply with the appropriate provisions of law issued by the State of New Jersey regarding the safety and protection of persons employed in construction work, and with Federal

Railroad Administration (FRA) Track Safety Standards and Roadway Worker Protection

Regulations CFR29 Subpart 214.

The Contractor shall perform all work in the Contract in a workmanlike manner with due regard to the safety of the employees and of the public.

Where a difference exists between such standards and rules and Title 29 Code of Federal

Regulations, Part 1926, Safety and Health Regulations for Construction, the more stringent requirements shall apply.

General Conditions (GC – 3)

The Contractor shall furnish and maintain, at his own expense, and the satisfaction of the Engineer, all requisite watchmen, lights, barricades, safeguard, fences and other facilities for the protection of the work, and the safety of the general public and of employees of the Railroad and of the Contractor.

Precaution shall be exercised at all times for the protection of persons and property. Machinery and equipment and other hazards shall be guarded in accordance with the safety provisions of the Manual

Of Accident Prevention in Construction, published by the Associated General Contractors of

America, to the extent that such provisions are not inconsistent with applicable laws or regulations.

6. GENERAL RAIL YARD WORK REQUIREMENTS

Hauling of materials or movement of equipment over any active track will not be permitted, except as approved and/or directed by the railroad, subject to the control the railroad stipulates.

It is the option of the Contractor to provide radios for supervisory personnel for direct communication between the Contractor’s on-site project operations and the railroad(s)

Dispatcher(s) and maintain these radios in good physical and operating condition for the term of the Contract.

The Contractor shall mark obstructions, excavations and, in general, all hazards located in the work areas with flashing lights and flags in such a manner that they are plainly visible at all times, day or night. Such lights and markings shall be serviced by the Contractor day and night when winds are strong, visibility is low, and during rainfall and snowfall, to the satisfaction of the

Engineer.

7. MAINTENANCE OF RAILROAD TRAFFIC/RAILROAD FACILITIES

The Contractor must conduct his work so as not to interfere with the operations of the railroad. The railroad will not issue any slow order restricting the speed of trains.

Should the Contractor damage any active railroad facilities (including power and control cables), telephone, water, gas, sewer or public power lines, the Contractor shall arrange for the repair of the damages immediately. Such repair or replacement shall be performed at the Contractor’s sole expense and is to continue on a 24-hour basis until completed to the satisfaction of the Engineer and the owning or operating agency.

8. ORDER FOR CARRYING OUT THE WORK

Prior to beginning any physical construction work, the Contractor shall submit, for approval of the

Engineer, all schedules, applicable permits, certificates of material compliance, samples, shop drawings, Engineering Drawings, circuit drawings and all the required data.

The Contractor’s schedule of construction activities shall be so developed and coordinated with the railroad operations so that delays are kept to an absolute minimum. Requests for occupancy of track areas shall be coordinated and approved with the owning railroad(s)

The Contractor shall submit to the Engineer at least five days prior to starting work at any crossing, his schedule for work at that crossing. The Railroad reserves the right to limit the Contractor’s operations to the number of locations deemed reasonable by the Owner.

The Contractor is responsible to notify the proper Railroad agent by no later than 12:00 pm the day prior to each workday as to the location of construction activities. This will allow the Railroad agent to communicate with the Zoo Administrator/appropriate Zoo staff and provide ample time to

General Conditions (GC – 4) implement plans for animals that might be affected and need special accommodations for the day

(e.g., remain in holding area instead of being out on exhibit for the day, etc.).

9. CONTRACT PLANS

The Owner reserves the right to make any reasonable alterations it may deem necessary in the

Contract Plans, in part or altogether, during the progress of the work without constituting grounds for any claim by the Contractor for payment or extension of Contract completion time, other than is provided for under this Contract.

The Contract Plans, Specifications and quantities noted thereon contain information relating to conditions that may be encountered in the proposed work, but such information is furnished by the

Owner without expressed or implied guarantee as to its being complete or correct.

The Contractor shall assume all risks and responsibility and shall complete the work under whatever conditions encountered or created, without any extension of the Contract completion time or extra cost to the Owner.

The Contract Plans and Specifications are intended to complement and supplement each other. Any work required by either one shall be performed. Should any work be required which is not noted in the Specifications or on the Contract Plans, but which is nevertheless necessary for the proper completion of the Project, such work shall be performed as fully as if it were described and delineated. The Engineer will make a determination as to whether such work is included in the prices bid for the various items. If a determination is made, that such work is not included in the prices bid for the various items, the procedures outlined in “Measurement and Payment”, in appropriate manuals of the County of Bergen Purchasing manual shall apply.

Figured dimensions on all scale drawings shall govern in laying out work, and no work shall be executed from dimensions obtained by scale except in the absence of dimensions and as approved by the Engineer. If any discrepancy is found between the Contract Plans and the Specifications, the requirements of the Contract Plans shall govern unless otherwise decided by the Engineer. If a discrepancy exists between any of the applicable Specifications listed hereinafter and the Special

Provisions, the requirements of the Special Provisions shall govern. The Engineer shall have the right to correct apparent errors or omissions in the Contract Plans and Specifications and to make such interpretations as deemed necessary for the proper fulfillment of the intent of the Contract Plans and Specifications.

10. VARIATIONS

Undetermined conditions may require a variation. Minor variations in the lump-sum items of work shall not constitute extra work and no extra payment will be allowed, therefore. If the actual quantity of any major item overruns or under runs the original bid quantity by more than twenty-five percent

(25%) of such original bid quantity, an increase or decrease in the Contract unit price may be authorized by the Engineer in accordance with these provisions. (A major item shall be construed to be any item, the total cost of which is equal to or greater than ten percent (10%) of the total Contract amount, computed on the basis of the Proposal quantity and the Contract unit price.) Revised

Contract unit prices pertaining to overruns of Contract items will be applicable only to that portion of the overrun which is in excess of twenty-five percent (25%) of the original bid quantity. Revised

Contract unit prices pertaining to under runs of Contract Items will be applicable to the entire

General Conditions (GC – 5) quantity of the affected Contract item. Work under all items in the Contract must be carried out to meet the field conditions to the satisfaction of the Engineer and in accordance with his/her instructions and the Contract Specifications.

The Contractor assumes all risk of variance in any computation or statement of amounts or quantities necessary to complete the work required by the Contract by whomsoever made, and fully complete said work in accordance with the Contract Plans and Specifications for the price bid.

11. SUPPLY OF DOCUMENTS

Within ten (10) calendar days after the execution of the Contract, the Owner will furnish to the

Contractor, without charge, five (5) copies of the Contract Plans and Specifications. At least one complete set of the Plans and Specifications shall be kept at all times at the project site by the

Contractor. All drawings and Specifications furnished to the Contractor are the property of the

Owner and must be returned or satisfactorily accounted for before final payment is made.

12. PROGRESS SCHEDULE

The Contractor shall, within five (5) calendar days after the date of written notice of award of

Contract, furnish to the Engineer a progress schedule described herein below showing the times intended by the Contractor for commencing and completing the various elements included in the

Project.

The schedule must meet with the Engineer’s approval before work will be permitted to begin. if the initial schedule is not approved, the Contractor shall make revisions as required and resubmit such schedule until approved. The schedule may be modified from time to time during the course of construction, as directed or approved by the Engineer. When activities fall behind schedule, the

Engineer may order the Contractor to increase the working force and/or construction plant, employ additional shifts, and take other steps on certain portions of the work to place the Contract on its original schedule if specifically requested by the Engineer for a particular phase(s), the Contractor shall also indicate the quantities, equipment and labor force which Contractor intends to use for that phase(s).

The schedule shall consist of a bar chart that clearly shows the sequence of work in the various areas of the work and the period of time needed to complete each work operation by the completion time stipulated in the Contract, Space shall be provided to show actual work progress. The schedule shall show an overall composite of the Contract work and separate detailed schedules for: Contract

Administration Phase, Procurement Phase; and Construction Phase.

Three (3) copies of this updated chart, together with a written explanation of any deviations from the schedule shall be transmitted to the Engineer on the first business day of each month.

The requirements of this paragraph shall apply unless the Special Provisions require the Contractor to provide Critical Path Method (CPM) schedule of his work.

13. LINES AND GRADES

The Contractor assumes full responsibility for keeping alignment and grades and shall always furnish appropriate facilities to the Engineer for checking such lines and grades and for making all necessary measurements.

General Conditions (GC – 6)

The Contractor shall, at his/her own expense, establish all working or construction lines and grades as required, in accordance with the Contract Plans and shall be solely responsible for the accuracy thereof. The full responsibility for keeping alignments and grades for all work shall rest upon the

Contractor.

The Contractor shall, if necessary, re-establish any survey required to properly locate the project work area. The Contractor shall furnish, at his/her own expense, all stakes, pins, templates and such temporary structures as may be necessary for marking and maintaining points and lines for the work.

The Contractor shall safeguard all points, stakes, grade marks, monuments and benchmarks made or established by the Contractor as well as baseline stakes established by the Engineer, re-establish same if disturbed, and bear the entire expense of rectifying work improperly installed due to not maintaining or protecting, or for removing without authorization, such established points, stakes and marks.

All work under the Contract shall be built in accordance with the lines and grades shown on the

Contract Plans or established by the Engineer.

The Contractor shall be responsible for the accuracy of his/her work and shall maintain all reference points, stakes, etc. throughout the life of the Contract. Damaged or destroyed points, benchmarks or stakes, or any referenced points made impassible by the progress of the construction shall be replaced or transferred by the Contractor before they are damaged or destroyed. All control points shall he referenced by ties to acceptable objects and recorded. Any alterations or revisions in the ties shall be so noted and the information furnished to the Engineer immediately. All stake out survey’ work shall be referenced to the baseline shown on the Contract Plans.

All computations necessary to establish the exact position of the work from control points, shall be made and preserved by the Contractor. All computations, survey notes and other records necessary to accomplish the work shall be neatly made.

Such computations, survey notes and other records shall become the property of the Owner and delivered to the Engineer not later than the date of acceptance of the Contract.

All existing stakes, iron pins, survey monuments or other markers defining property lines which may be disturbed during construction, shall he properly tied in to fixed referenced points before being disturbed and accurately reset in the proper position upon completion of the work.

14. CONTRACTOR’S ACCESS AND PARKING AREAS

The Contractor shall be responsible for making all necessary traffic arrangements for vehicles beyond the work area boundaries. The Railroad shall provide the land upon which the work under this contract is to be done.

Also prior to entering upon or making use of any private property adjoining the work, the Contractor, at his expenses, shall obtain and file with the Engineer, the written permission of the owner such property, and subsequent to vacation of premises, shall furnish the Engineer a properly executed release from all damages.

15. CONTRACTOR’S PERSONNEL VEHICLES

The Contractor shall be responsible for transporting all personnel between the parking area and the work site.

General Conditions (GC – 7)

The Contractor shall erect approved signs at all entrances in use by traffic, restricting entry to authorized vehicles, and all entrances shall be closed off by barriers when not in use.

An area within the Contract property limits will be made available to the Contractor for the erection of offices, storage, plant yard and parking areas, as determined by the Owner.

16. APPROVAL OF SOURCES OF SUPPLY OF MATERIALS

The sources of supply of each of the materials required shall be approved by the Engineer before delivery is started, Representative preliminary samples may be submitted by the Contractor, producer or supplier for inspection of tests. The results obtained from testing such samples may be used for preliminary approval but will not be used as a final acceptance of the materials. All materials proposed to be used may be tested at any time during their preparations and use. If it is found that sources of supply which have been approved do not furnish a product of uniform quality, or if the product from any source proves unacceptable at any time, the Contractor shall furnish approved material from another source at no additional cost to the Owner.

17. APPROVAL AND ACCEPTANCE OF MATERIALS

Samples of all materials for test upon which is to be based the acceptance or rejection, shall be taken by the Engineer or authorized representative at the discretion of the Engineer. Materials may be sampled either prior to shipment or after being received at the place of construction. All sampling, inspection and testing shall be done in accordance with the methods hereinafter prescribed.

The Contractor shall provide such facilities as the Engineer’s representative may require for conducting field tests and for collecting and forwarding samples. The Contractor shall not use or incorporate into the work any materials represented by the samples until tests have been made and the material found to be acceptable. Only materials conforming to the requirements of these

Specifications and which have been approved by the Engineer shall be used in the work. Any material which, after approval, has for any reason become unfit for use shall not be incorporated into the work.

18. METHODS OF SAMPLING AND TESTING

Except as otherwise provided, sampling and testing of all materials, and the laboratory methods and testing equipment required under these Specifications shall be in accordance with the latest

‘Standard Specifications for Highway Materials and Methods of Sampling and Testing” of

A.A.S.H.T.O. Sampling and testing of materials not covered by A.A.S.H.T.O. Specifications and not otherwise provided for, shall be in accordance with the latest “Standards and Testing Methods of the A.S.T.M.”

Except as otherwise specifically stated in the Contract, cost of sampling and testing will be divided as follows:

a. The Contractor shall furnish without extra cost, including packing and delivery charges, all samples required for testing purposes, except those samples taken on the Project by the

Engineer.

b. The Contractor shall assume all cost of retesting materials which fail to meet Contract requirements.

c. The Contractor shall assume all cost of testing materials offered in substitution of those found deficient.

General Conditions (GC – 8)

19. CERTIFICATES OF COMPLIANCE

Certification of compliance with the requirements of these Specifications will be required from the manufacturers or producers of certain products, proposed to be furnished, listed elsewhere in these

Any product, for which the prescribed materials certification or satisfactory test results have not been submitted and accepted, shall not be incorporated in the work without the specific written authorization of the Engineer. Such authorization, however, shall not relieve the Contractor from any obligation under the terms of this Contract.

The Contractor shall submit all material or equipment samples, certificates, affidavits, etc. as called for in the Contract Documents or required by the Engineer, promptly after award of the Contract and acceptance of the Contractor’s bond. No such material or equipment shall be manufactured or delivered to the site, except at the Contractor’s risk, until the required samples or certificates have been approved in writing by the Engineer.

Any delay in the work caused by late or improper submission of samples or certificates for approval shall not be considered just cause for an extension of the Contract time. Each sample submitted by the Contractor shall carry a label giving the name of the Contractor, the project for which it is intended, and the name of the producer, The accompanying certificate or letter from the Contractor shall state that the sample complies with Contract requirements, shall give the name and brand of the product, its place or origin, the name and address of the producer and all Specifications or other detailed information which will assist the Engineer in passing upon the acceptability of the sample promptly. It shall also include the statement that all materials or equipment furnished for use in the project will comply with the samples and/or certified statements.

Approval of any materials shall be general only and shall not constitute a waiver of the Owner’s right to demand full compliance with Contract requirements. After actual deliveries, the Engineer will have such check tests made as deemed necessary in each instance and may reject materials and equipment and accessories which fail approval. If materials, equipment and accessories which fail to meet check tests have been incorporated in the work, the Engineer will have the right to cause their removal and replacement by proper materials or to demand and secure and reparation by the

Contractor as is equitable.

No payment will be made for any item until the prescribed materials certification or satisfactory tests results have been submitted by the Contractor and accepted by the Engineer.

The Owner reserves the right, however, to amend or to waive any of these requirements (testing or certification of compliance) prior to or after the award of the Contract and also reserves the right to test any other material not listed above.

Any certificates required for demonstrating proof of compliance of materials with Specification requirements shall be executed in six (6) copies, each individually signed. Each Certificate shall be signed by an official authorized to certify on behalf of the manufacturing company and shall contain the name and location, and the quantity and date or dates of test to which the reports apply.

Certification shall not be construed as relieving the Contractor from furnishing satisfactory material;

if, after tests are performed on selected samples, the material is found not to meet the specific requirements, the material will be rejected.

General Conditions (GC – 9)

20. STANDARD PUBLICATIONS

Whenever a reference is made in the Specifications to a Federal Specification, to an ASTM, AASHTO, ANSI, AREMA, or a publication of an association of like import, it shall be understood that such reference is intended to refer to the edition of such publication in effect on the date the

Contract Documents are made available for bidding.

21. CLEANING UP AND RESTORATION

The site(s) of the work and adjacent areas shall be kept as free from material, debris, coffee cups, and other rubbish as is practical. All coffee cups, rubbish, debris and surplus material that may accumulate during the work must be removed by the Contractor as the work progresses. Any material, debris, coffee cups or other rubbish which, in the opinion of the Engineer, constitutes a nuisance or is objectionable shall be immediately removed by the Contractor upon notice to do so.

All temporary structures, equipment, materials, implements, barricades, signs, debris and rubbish connected with or caused by the work shall be removed immediately upon the completion of the work, and the premises shall be left in perfect condition insofar as affected by the work.

Any existing and/or finished construction, damaged as a result of the work of this Contract, shall be repaired and/or restored to the satisfaction of the Engineer, without added cost to the Owner.

The Contractor shall neatly pile, store and protect all materials in locations on the premises where approved and directed. During work operation all refuse and debris shall be removed daily and the areas left clean.

All tools, appliances, materials and equipment shall he removed from the premises, by the

Contractor, as soon as possible upon completion of the work of this Contract.

The Contractor shall daily remove from the work site(s) all rubbish, or debris resulting from operations and dispose of it in conformity with local and State ordinances and/or laws, no burning of any brush, rubbish or other material will be permitted. Prior to final acceptance, all work done by the Contractor shall be cleaned up and the premises occupied by the work left in a neat an orderly condition, satisfactory to the Engineer.

22. SUBSTANTIAL COMPLETION

The work shall be deemed substantially complete when in the opinion of the Engineer (whose judgment shall he conclusive) so much thereof has been completed in accordance with the terms of the Contract Documents that the Owner may occupy the site of the work for the purpose of which they are intended. Upon such substantial completion the Engineer shall issue a Certificate of

Substantial Completion. The issuance of this Certificate shall not relieve the Contractor from its obligation hereunder to finally complete all of the work of the Contract.

The work remaining to be completed after substantial completion for the Contractor to full fill its obligations to fully complete the Work in accordance with the Contract shall be known as the

“Remaining Work”, The Remaining Work shall generally be limited to minor defects or omissions

(“Punch List Work”). However, the Engineer may include as part of Remaining Work, work which would ordinarily be required for substantial completion. Nothing herein, however, shall diminish the right of the Engineer to determine what is necessary for substantial completion in accordance with the first paragraph of this Article.

General Conditions (GC – 10)

The Engineer shall advise the Contractor of the time required to complete the Punch List Work and the time required to complete all other Remaining Work. Failure to complete any Remaining Work other than Punch List Work will result in the Contractor being liable for liquidated damages as set forth in Section XII TIME OF COMPLETION AND LIQUIDATED DAMAGES, Page 14 of the

Instructions To Bidders. As an additional remedy for such failure, and not in lieu of liquidated damages, the Owner may complete the Remaining Work including Punch List Work, either by its own forces or by other Contractors. The Contractor shall be entitled to payment according to the

Contract Price upon such completion, subject however to the Owner’s right to reimbursement for its cost of payments due the Contractor, and if such costs exceed the amount due the Contractor, the

Contractor shall pay such excess to the Owner. The Owner’s entitlement to such reimbursement shall in no respect relieve the Contractor of its obligation to timely complete the Remaining Work.

Upon substantial completion, the Contractor shall remove its tools, materials and equipment from the job site unless otherwise authorized in writing by the Engineer.

23. FINAL INSPECTION

Upon completion of the work under this Contract and when clean up is accomplished as provided in the preceding paragraph, a final inspection of the same will he made. If the work is not found satisfactory, the Engineer may require repairs, adjustments and further cleaning; when these are completed the work will again be inspected.

The Contractor is not released from obligations under this Contract until the final inspection of the entire work has been made and the Engineer is satisfied that the entire work is properly and satisfactorily constructed in accordance with the requirements and intent of the Plans and

24. FINAL PAYMENT

When all work required under the Contract has been completed and, in the opinion of the Engineer, is ready for final acceptance by the Owner, a final certificate of cost of the project will be made by the Engineer, based on the actual as-built quantities of authorized work done under each item scheduled in the various schedules in the Proposal and under Supplemental Agreements, if any, at the lump-sum and unit price or prices stipulated therein.

The money due to the Contractor for the construction of the project (as determined by the final certificate) will be paid when the following conditions shall be satisfied:

a. The final certificate is approved;

b. Deduction has been made of previous payment on account and any amounts of liquidated damages, if any, assessed against the Contractor have been paid;

c. There shall be no outstanding claims against the Contractor filed with the Owner;

d. The Contractor shall have paid all due obligations and shall have furnished, when directed by the Engineer, receipted bills or other satisfactory evidence that all obligations incurred by him/her and by his/her subcontractors in carrying out the project have been satisfied; and

e. The Contractor shall execute and deliver a release substantially in the following form:

General Conditions (GC – 11)

“In consideration of the above payment, (I) (we) hereby release the Owner and its officers, agents, and employees from all claims, demands and liability of whatsoever nature for anything done or furnished or in any manner growing out of the performance of the project.”

The acceptance by the Contractor of payment of the final certificate shall operate as and shall be a release to the Owner and its agents from all claims of, or liability to, the Contractor for anything done or furnished or omitted to be done or furnished for or relating to the project, or any act or neglect of the Owner or any person relating thereto.

25. BRANDS OR APPROVED OTHER

When in the Plans and Specifications, a particular brand name of manufacturer, make of material, device or equipment is shown or specified such material, device or equipment is to be regarded merely as a standard of comparison. Any other make or brand, which, in the opinion of the Engineer, is equal to that specified in quality or workmanship and will perform its intended purpose as that specified, will be accepted.

26. TIME OF COMPLETION

The Contractor shall not order materials or commence work prior to the date specified and transmitted in writing to the Contractor by the Owner.

Time is of the essence in this Contract. All of the work under the Contract shall he completed, by

Schedules, within the time stipulated in the Contract, from the date specified by the Owner for commencing, unless such period of time shall be extended by the Owner. The work shall be deemed completed when it has been finally accepted by the Owner or, at the sole option of the Owner on such earlier date, as the Owner determines the work is sufficiently complete to permit beneficial use of the facility by the Owner. In the event that the Owner elects to accept the partially completed work as sufficient to provide beneficial use of the facility, Contractor will he advised in writing.

Such use and partial acceptance by the Owner will not serve to relieve the

Contractor from any responsibilities under the terms of the Contract. The Contractor is advised that the sole purpose of such early partial acceptance is to permit the beneficial use and occupancy of the

Project by the Owner but it shall not be construed as relieving the Contractor of any obligation under the requirements of the paragraph entitled “Liquidated Damages for Failure to Complete Work” of these Instructions to Bidders.

27. LIABILITY FOR TAXES, PENSIONS, ANNUITIES, ETC.

The Contractor agrees to, and does, hereby accept full and exclusive liability for the payment of any and all contributions or taxes for unemployment insurance, medical and old age retirement benefits, pensions or annuities now or hereinafter imposed under any state or federal laws which are measured by the wages, salaries or other remuneration paid to persons employed by Contractor, on work performed under the terms of this agreement. Contractor also agrees to obey all lawful rules and regulations and to meet all lawful requirements which are now or hereafter may be issued or promulgated under said respective laws by duly authorized state or federal officials. The Contractor shall accept full and exclusive liability for the payment of any tax on materials entering into the construction.

General Conditions (GC – 12)

28. CONTRACTUAL STATUS AND DIRECTION

In performing services under this project, the Contractor shall operate as, and have the status of an independent contractor and shall not act as, or be, an employee or agent of the Owner. The Contractor shall employ, pay from funds, and discharge all persons engaged in the performance of the work to be performed hereunder, and such persons shall be under Contractor’s supervision, direction and control subject to the general oversight and guidance of Owner’s Engineer(s) or whomever he may appoint.

29. TEMPORARY WORK,_SIGNS AND ADVERTISEMENTS

The Contractor shall, unless otherwise specified, furnish at no cost or risk to the Owner all pumping, bailing, false-work cribbing sheet-piling, coffer-dam, shoring, temporary bridging or other temporary work of any nature whatsoever required for the work herein described.

The Contractor shall not place or permit advertisements other than the name and address of

Contractor on any structure or equipment used on this work. On permanent structures name plates or maintenance signs will be permitted only where specifically authorized by the Engineer.

30. REGULATIONS AND PERMITS

Unless provided for in the Special Provisions, wherever in the performance of work embraced within this project it may be necessary to temporarily occupy, use or obstruct any street, highway, or public place, or to do anything whatsoever in connection with public property, to wherever it be necessary in order to comply with building laws or other local, state or national ordinances or enactments or regulations, the Contractor shall, at no cost to the Owner, procure all necessary approvals and permits therefore; and in performing such work shall be governed by and comply with the laws, rules and regulations of the proper local, municipal, state, national or other authorities. The Contractor shall be responsible for and save the Owner harmless from and against any and all violations of said laws, rules and regulations.

Wherever the doing of the work embraced within this Agreement in any manner affects the use or operation of lines of railroad of other railroad corporations, the Contractor shall, at no cost to the

Owner, comply with all the conditions that may be imposed by such railroad corporations.

31. INTOXICATING LIQUORS AND SANITATION

The Contractor, insofar as his authority extends, shall not permit the sale, distribution, possession or use of any intoxicating liquors or narcotics upon or adjacent to the work or allow any such to be brought upon, to or near the property of the Owner.

The Contractor shall provide necessary sanitary facilities for employees on this work wherever needed, properly screened from public observation and kept in a clean and sanitary condition satisfactory to the Engineer and public authorities, and shall remove same when directed.

32. APPLIANCES

Only suitable and safe appliances and machinery shall be used on the right-of-way or premises of the Owner in the work hereby contracted, and any appliance or machine which the Engineer deems to be unsafe or unsuited for the work to be performed shall be removed from the work.

General Conditions (GC – 13)

No stationary boiler or other appliances shall be used by or on behalf of the Contractor or any subcontractor on the right-of-way or premises of the Owner until, unless or except as such device, its parts and appliances shall be in conformity with, and shall have been inspected and tested in conformity with, any and every, state, departmental and municipal rule, regulation and requirement applicable thereto at the place of such use.

Save and except only as and when the Owner shall otherwise agree in writing, every examination, inspection and test and the specification cards and reports thereon required under this Section shall be made certified and authenticated by a reliable company carrying on the business of such examination, inspection and certification.

The Contractor shall furnish, bear and pay, and shall save the Owner free of, any and all labor and expense of any incident to compliance with aforementioned rules, regulations and requirements.

33. NlGHT AND DAY WORK

The Contractor will not be required to work specific night and/or daytime shifts to complete the work.

34. SUPERINTENDENCE AND WORKMEN

The Contractor shall at all times be represented on the work by a competent superintendent, who shall be satisfactory to the Engineer. Copies of approved plans and Specifications shall be kept on the work at all times.

The Contractor shall employ experienced workmen and shall promptly discharge any employee whom the Engineer considers to be incompetent or disorderly or a hindrance to the progress of the work herein provided for. The foregoing is intended, and shall not be deemed, to limit or modify

Contractor’s status as an independent Contractor.

35. INTERFERENCE

In agreeing upon the price to be paid for the work to be performed under this Agreement, due consideration has been given to the fact that said work must be performed in a manner that will not interfere with the operation of the Owner and also in such a manner as to enable the Owner, or its agents, employees or contractors, to perform other and contiguous work; and the price specified in this Agreement to be paid by the Owner to the Contractor has been agreed upon and made after such due consideration.

36. CONTIGUOUS WORK

The work herein contracted shall be so prosecuted that the progress of contiguous work shall not he delayed.

37. PATENTS

The Contractor shall pay all royalties and license fees. The Contractor shall defend at Contractors expense any action brought against the Owner, to the extent that such action claims that any equipment used in the performance of the work provided for in this Agreement, or the operation of

General Conditions (GC – 14) any such equipment infringes a patent, copyright or similar property right of any country, nation, international body or organization I he Contractor will pay any costs and damages finally awarded against the Owner its assignees or successors.

38. RISKS

The Contractor shall assume all responsibility for any damage which may happen to the work provided for in this Agreement from fire, floods, storms or any cause whatsoever prior to the final completion and acceptance thereof.

All loss or damage arising out of the nature of the work to be done under this Agreement or form any unforeseen obstructions, difficulties or conditions which may be encountered in the prosecution of the same or from the action of the elements or from encumbrances on the line of the work or from any act or omission not authorized by this Agreement on the part of the Contractor or any person or agent employed by Contractor, shall be borne by said Contractor.

Contractor assumes the responsibility for damage to and loss of any material which is under its control and was furnished and delivered by the Railroad or the Engineer, of any term, provision or covenant of this contract, shall not constitute a precedent, nor bind the Railroad or the Engineer, to a waiver of any succeeding breach of the same or any other of the term, provisions or covenants of this contract.

The Contractor shall not be entitled to claim or receive from the Owner any sum whatever in excess of the contract price for the work provided for herein by reason or on account for any delay caused in such work by the Owner.

39. INDEMNITY; DAMAGE CLAIMS

The Contractor will be responsible for, and shall release, protect, defend, indemnify and save harmless the Owner, its officers and employees, representatives or agents, both officially and personally and their subsidiaries from and against any and all loss, damage, cost and expense and all claims, actions and demands arising out of:

a. Personal injuries (including death) to any person and losses of a damage to the property of any person during or arising out of the performance of this Agreement except when caused in whole by the fault (or by the joint fault), failure or negligence of the Owner and/or subsidiary of the Owner; and

b. The Federal Employer’s Liability Act and any amendments thereto (notwithstanding the provisions of subparagraph a above) based on allegations to the effect that the Owner failed to correct or guard against unsafe conditions or failed to furnish a safe place to work.

The Contractor shall familiarize himself with applicable industry safety rules, which are incorporated herein by reference and made a part of this Agreement.