5-Bid forms - municipal bldg.pdf

CONTRACTOR’S FORMS

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT

CERTIFICATION OF BIDDER REGARDING

EQUAL EMPLOYMENT OPPORTUNITY

Instructions

This certification is required pursuant to Executive Order 11246 (30 F.R. 12319-25). The implementing rules and regulations provide that any Bidder or prospective contractor, or any of their proposed subcontractors, shall state as an initial part of the Bid or negotiations of the Project whether it has participated in any previous contract or subcontract subject to the equal opportunity clause; and, if so, whether it has filed all compliance reports due under applicable instructions.

Where the certification indicates that the Bidder has not filed a compliance report due under applicable instructions, such Bidder shall be required to submit a compliance report within seven (7) calendar days after Bid opening. No Notice of Award shall be issued unless such report is submitted.

Certification by Bidder

Name of Bidder:

Street Address of Bidder:

City, State, and Zip Code:

1. Bidder has participated in a previous contract or subcontract subject to the Equal Opportunity

Clause.

[ ] Yes [ ] No

2. Compliance reports were required to be filed in connection with such contract or subcontract.

3. Bidder has filed all compliance reports due under applicable instructions, including SF-100.

[ ] Yes [ ] No [ ] None Required

4. Have you ever been or are you being considered for sanction due to violation of Executive Order

11246, as amended?

Name and Title of Signer (Please type)

Signature Date

NON-COLLUSION BIDDING CERTIFICATION

By submission of this Bid, Bidder and each person signing on behalf of any Bidder, certifies, and in the case of a joint Bid, each party thereto certifies as to its own organization, under penalty of perjury, that to the best of knowledge and belief:

1. The prices in this Bid have been arrived at independently without collusion, consultation, communication, or agreement for the purpose of restricting competition as to any matter relating to such prices with any other Bidder or with any competitor.

2. Unless otherwise required by law, the prices which have been quoted in this Bid have not been knowingly disclosed by the Bidder and will not knowingly be disclosed by the Bidder prior to opening, directly or indirectly, to any other Bidder or to any competitor; and

3. No attempt has been made or will be made by the Bidder to induce any other person, partnership, or corporation to submit or not to submit a Bid for the purpose of restricting competition.

Name of Bidder

Street Address

City, State, Zip Code

Subscribed and sworn to before me this day of , 20 .

Title:

My commission expires:

NOTE: If Bidder is a Corporation, the corporate name and title of officer signing must be stated.

ANTI-COLLUSION AFFIDAVIT

County Lebanon

Municipality Bethel Twp

Project: Bethel Township’s Municipal Storage

Building

State of

County of

The undersigned deponent deposes and says that he is the of the Company; that he is authorized to make this affidavit on behalf of said company and that the said company has not, either directly or indirectly entered into any agreement, participated in any collusion, or otherwise taken any action in restraint of free competitive bidding in connection with such contract

(Contractor)

BY

Sworn to and subscribed before me the undersigned notary public this ______day of

Notary Public

My Commission expires ______________________

AGREEMENT

This AGREEMENT, made this _________ day of ______________________________, 20______ by and between Bethel Township Board of Supervisors, hereinafter called “Owner” and doing business as (an individual), or (a partnership), or (a corporation) hereinafter called “Contractor.”

WITNESSED: That for and in consideration of the payments and agreements hereinafter mentioned:

1. The Contractor will commence and complete the installation/construction of BETHEL

TOWNSHIP’S MUNICIPAL STORAGE BUILDING

2. The Contractor will furnish all of the tools, equipment, labor and other services necessary for the construction and completion of the Project described herein.

3. The Contractor will commence the work required by the Contract Documents at the direction of the Township after the date of the Notice to Proceed and will complete the same not later than the dates listed in the Bid Package unless the period for completion is extended otherwise by the Owner.

4. The Contractor agrees to perform all of the work described in the Contract Documents and comply with the terms therein for the sum of $____________________________________________________ , or as shown in the Bid Schedule.

5. The term “Contract Documents” means and includes the following:

a. Invitation for Bids

b. Information for Bidders

c. Bid, including Bid Schedule, Certification of Bidder Regarding Equal Employment Opportunity, Non-

Collusion Bidding Certification, and Bid Bond

d. Agreement including Certificate of Insurance and Workman’s Comp Insurance

e. Nondiscrimination/Sexual Harassment Clause

f. Payment Bond

g. Performance Bond

h. Notice of Award

i. Notice to Proceed

j. Change Order

k. Certificate of Completion

l. Consent of Surety for Final Payment

m. Affidavit of Release of Liens

n. Punch List

o. General Conditions

p. Technical Specifications

q. Special Conditions

r. Prevailing Wages Project Rates, and other Appendices

s. Drawings (if attached)

t. Addenda:

Number: Dated:

Number: Dated:

Number: Dated:

6. The Owner will pay to the Contractor in the manner and at such times as set forth in the General Conditions such amounts as required by the Contract Documents.

7. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns.

IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement in each of which shall be deemed an original on the date first above written.

OWNER:

Bethel Township Board of Supervisors

By:

Name:

(please type)

Address:

(SEAL)

ATTEST:

CONTRACTOR:

NONDISCRIMINATION/SEXUAL HARASSMENT CLAUSE

During the term of the Contract, the Applicant (known herein as “Grantee”) agrees as follows:

1. In the hiring of any employee(s) for the manufacture of supplies, performance of work, or any other activity required under the grant agreement or any subgrant agreement, contract, or subcontract, the Grantee, a subgrantee, a contractor, a subcontractor, or any person acting on behalf of the Grantee shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the Pennsylvania Human Relations

Act (PHRA) and applicable federal laws, against any citizen of this Commonwealth who is qualified and available to perform the work to which the employment relates.

2. The Grantee, any subgrantee, contractor or any subcontractor or any person on their behalf shall not in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against or intimidate any of its employees.

3. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, in the provision of services under the grant agreement, subgrant agreement, contract or subcontract.

4. Neither the Grantee nor any subgrantee nor any contractor nor any subcontractor nor any person on their behalf shall in any manner discriminate against employees by reason of participation in or decision to refrain from participating in labor activities protected under the Public

Employee Relations Act, Pennsylvania Labor Relations Act or National Labor Relations Act, as applicable and to the extent determined by entities charged with such Acts’ enforcement, and shall comply with any provision of law establishing organizations as employees’ exclusive representatives.

5. The Grantee, any subgrantee, contractor or any subcontractor shall establish and maintain a written nondiscrimination and sexual harassment policy and shall inform their employees in writing of the policy. The policy must contain a provision that sexual harassment will not be tolerated and employees who practice it will be disciplined. Posting this

Nondiscrimination/Sexual Harassment Clause conspicuously in easily accessible and well-lighted places customarily frequented by employees and at or near where the grant services are performed shall satisfy this requirement for employees with an established work site.

6. The Grantee, any subgrantee, contractor or any subcontractor shall not discriminate by reason of race, gender, creed, color, sexual orientation, gender identity or expression, or in violation of the PHRA and applicable federal laws, against any subgrantee, contractor, subcontractor or supplier who is qualified to perform the work to which the grant relates.

7. The Grantee and each subgrantee, contractor and subcontractor represent that it is presently in compliance with and will maintain compliance with all applicable federal, state, and local laws and regulations relating to nondiscrimination and sexual harassment. The Grantee and each subgrantee, contractor and subcontractor further represent that it has filed a Standard Form 100

Employer Information Report (“EEO-1”) with the U.S. Equal Employment Opportunity

Commission (“EEOC”) and shall file an annual EEO-1 report with the EEOC as required for employers’ subject to Title VII of the Civil Rights Act of 1964, as amended, that have 100 or more employees and employers that have federal government contracts or first-tier subcontracts and have 50 or more employees. The Grantee, any subgrantee, any contractor or any subcontractor shall, upon request and within the time periods requested by the Commonwealth, furnish all necessary employment documents and records, including EEO-1 reports, and permit access to their books, records, and accounts by the granting agency and the Bureau of Diversity, Inclusion and Small Business Opportunities for the purpose of ascertaining compliance with the provisions of this Nondiscrimination/Sexual Harassment Clause.

8. The Grantee, any subgrantee, contractor or any subcontractor shall include the provisions of this

Nondiscrimination/Sexual Harassment Clause in every subgrant agreement, contract or subcontract so that those provisions applicable to subgrantees, contractors or subcontractors will be binding upon each subgrantee, contractor or subcontractor.

9. The Grantee’s and each subgrantee’s, contractor’s and subcontractor’s obligations pursuant to these provisions are ongoing from and after the effective date of the grant agreement through the termination date thereof. Accordingly, the Grantee and each subgrantee, contractor and subcontractor shall have an obligation to inform the Commonwealth if, at any time during the term of the grant agreement, it becomes aware of any actions or occurrences that would result in violation of these provisions.

10. The Commonwealth may cancel or terminate the grant agreement and all money due or to become due under the grant agreement may be forfeited for a violation of the terms and conditions of this Nondiscrimination/Sexual Harassment Clause. In addition, the granting agency may proceed with debarment or suspension and may place the Grantee, subgrantee, contractor, or subcontractor in the Contractor Responsibility File.

Signature Date

Name and Title of Signer (Please print or type) Company Name

BID BOND

KNOW ALL MEN BY THESE PRESENTS that we, the undersigned

_______________________________________________________ as Principal (the "Principal") and ____________________________________________________, a corporation organized and existing under the laws of _____________________________________as Surety (the "Surety"), are held and firmly bound unto the Bethel Township as Obligee (the "Obligee"), as hereinafter set forth, in the full and just sum of

______________________________ ______________________ ($_______ ), lawful money of the United States of America, for the payment of which sum we bind ourselves, our heirs, executors, administrators, successors and assigns jointly and severally, firmly by these presents.

WITNESSETH THAT:

WHEREAS, the Principal herewith is submitting a Proposal to the Obligee to perform the work in connection with a contract for Bethel Township’s Fredericksburg Lions Park Sprinkler

System Project pursuant to the Bid Documents issued by the Bethel Township.

WHEREAS, it is a condition of the receipt and consideration by the Obligee of said

Proposal that they shall be accompanied by proposal guaranty to be held by the Obligee on terms hereinafter set forth.

NOW, THEREFORE, the condition of this bond shall be such that, if the Principal within five (5) days after receipt of written notice from the Obligee that it intends to accept such bidder's proposal, shall furnish to the Obligee a Performance Bond and, upon award of the contract to him by the Obligee, shall execute and deliver the Agreements and furnish to the Obligee proper evidence of effectiveness of insurance coverage respectively, within the time, in the forms and in the amounts, as appropriate, required by the contract/bid documents, then this Bond shall be void;

otherwise, this Bond shall remain in full force effect.

The Principal and the Surety agree to pay to the Obligee the difference between the amount of said proposal as accepted by Obligee and any higher amount for which the required work shall be contracted for by the Obligee, together with any additional advertising costs, architect's or engineer's fees, legal fees and any and all other fees and expenses incurred by the Obligee by reason of the failure of the Principal to enter into the Agreement with the Obligee, or to furnish such Bonds or to furnish evidence of effectiveness of such insurance coverage;

provided, however, that: (1) the Obligation of the surety shall not exceed the stated principal amount of this Bond; and (2) if the Obligee should not procure an executed contract with any other person for the performance of the work and contemplated in said Proposal, as accepted by the

Obligee, upon the same terms and conditions, other than price, as provided in the Contract/Bid

Documents, within the period provided in the Contract/Bid Documents during which no proposals of bidders may be withdrawn whether because of the lack of other proposals, or because of the inability or refusal of any other bidder to enter into appropriate Contracts, or because the cost under any higher proposal, would be greater than the Obligee shall determine, in its sole discretion, that it can afford, then the Principal and the Surety agree to pay to the Obligee the full amount of this Bond as liquidated damages.

IN WITNESS WHEREOF, the Principal and the Surety cause this Bond to be signed, sealed and delivered this _____ day of ___________________,20___.

(INDIVIDUAL PRINCIPAL)

WITNESS:

__________________________________ ______________________________(SEAL)

(Signature of Individual)

Trading and doing business as

(PARTNERSHIP PRINCIPAL)

WITNESS:

(Name of Partnership)

_____________________________________ By: __________________________(SEAL)

(Partner)

(CORPORATE PRINCIPAL)

(Name of Corporation)

ATTEST: By: ________________________________

Signature

Secretary ________________________________

Print Name

(CORPORATION SURETY)

(Name of Corporation)

WITNESS: * By: _______________________________

(Attorney-in-fact)

* Attach an appropriate power of attorney, dated the same date as the Bond, evidencing the authority of the Attorney- In-Fact to act in behalf of the Corporation.

PAYMENT BOND

KNOW ALL MEN BY THESE PRESENTS; THAT

(Name of Contractor)

(Address of Contractor) a

(Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the Bethel Township Board of Supervisors, 3015 S. Pine

Grove St., Fredericksburg PA 17026 hereinafter called Owner, in the penal sum of

Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain

Agreement with the Owner, dated the day of , 20 , a copy of which is hereto attached and made a part hereof for the construction of the BETHEL

TOWNSHIP’S MUNICIPAL STORAGE BUILDING PROJECT

NOW, THEREFORE, if the Principal shall promptly make payment to all persons, firms, subcontractors, and corporations furnishing materials (except when Owner furnishes materials) or performing labor in the prosecution of the work provided for in such Agreement, and any authorized extension or modification thereof, including all amounts due for materials (except when Owner furnishes materials), lubricants, oil, gasoline, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED FURTHER, that the said Surety for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to the work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the term of the Agreement or to the work or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in _______ counterparts, each one of which shall be deemed an original, this the ______ day of _______________________________, 20_______. .

(Principal)

(Principal) Secretary

(SEAL) Address:

(Witness as to Principal )

(Surety)

ATTEST: By:

(Attorney-in-Fact)

Witness as to Surety:

PLEASE NOTE - Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond.

PLEASE NOTE - Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS; THAT

(Name of Contractor)

(Address of Contractor) a

(Corporation, Partnership or Individual) hereinafter called Principal, and

(Name of Surety)

(Address of Surety) hereinafter called Surety, are held and firmly bound unto the Bethel Township Board of Supervisors, 3015 S.

Pine Grove St, Fredericksburg PA 176026, hereinafter called Owner, in the penal sum of

Dollars, ($ ) in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, successors, and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION is such that whereas, the Principal entered into a certain

Agreement with the Owner, dated the ______ day of ______________________, 20______, a copy of which is hereto attached and made a part hereof for the construction of the BETHEL TOWNSHIP’S MUNICIPAL

STORAGE BUILDING PROJECT

NOW THEREFORE, if the Principal shall well, truly, and faithfully perform its duties, all the undertakings, covenants, terms, conditions, and agreements of said Agreement during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety and during the one year guaranty period, and if he shall satisfy all claims and demands incurred under such Agreement, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect.

PROVIDED FURTHER, that the said surety, for value received hereby stipulates and agrees that no change, extension of time, alteration, or addition to the terms of the Agreement or to work to be performed thereunder, or the specifications accompanying the same shall in any way affect its obligation on this Bond, and it does hereby waive notice of any such change, extension of time, alteration, or addition to the terms of the Agreement or to the work, or to the specifications.

PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied.

IN WITNESS WHEREOF, this instrument is executed in ______ counterparts, each one of which shall be deemed an original, this the ________ day ____________________________________, 20_______.

(Witness as to Principal)

Address: Address

(Surety Secretary) (Surety)

(Witness as to Surety) (Attorney-in-Fact)

Address: Address:

PLEASE NOTE - Date of Bond must not be prior to date of Agreement. If Contractor is Partnership, all partners should execute Bond.

PLEASE NOTE - Surety companies executing Bonds must appear on the Treasury Department’s most current list (Circular 570 as amended) and be authorized to transact business in the State where the Project is located.

TO:

NOTICE OF AWARD

PROJECT DESCRIPTION: Bethel Township’s Municipal Storage Building Project

The Owner has considered the Bid submitted by you for the above-d es c r ib ed work in response to its

Information for Bidders.

You are hereby notified that your Bid has been accepted for items in the amount of $_____________________.

You are required by the Information for Bidders to execute the Agreement and furnish the required

Contractor’s Performance Bond, Payment Bond, and Certificates of Insurance (the Insurance section of the

General Conditions) within ten (10) calendar days from the date of this Notice to you.

If you fail to execute said Agreement and to furnish said Bonds and/or Certificates of Insurance within ten (10) calendar days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the

Owner’s acceptance of your Bid as abandoned. The Owner will be entitled to such other rights as may be granted by law.

You are required to return an acknowledged copy of this Notice of Award to the Owner.

Dated this day of , 20 .

BETHEL TOWNSHIP BOARD OF SUPERVISORS

ACCEPTANCE OF NOTICE

Receipt of the above Notice of Award is hereby acknowledged by:

TO:

NOTICE TO PROCEED

PROJECT DESCRIPTION BETHEL TOWNSHIP’S MUNICIPAL STORAGE BUILDING PROJECT

You are hereby notified to commence work in accordance with the Agreement dated on or before .

You are to complete the work not later than .

The date of completion of all work is, therefore .

You are required to return an acknowledged copy of this Notice to Proceed to the Owner.

BETHEL TOWNSHIP BOARD OF SUPERVISORS

ACCEPTANCE OF NOTICE

Receipt of the above Notice to Proceed is hereby acknowledged by:

CHANGE ORDER

Change Order Number: Date:

Owner’s Project Number: Engineer’s Project Number:

Project/Contract #: Owner:

Contractor: Date of Agreement:

To Contractor:

The following changes are hereby made to the Contract Documents:

Enclosures:

The changes result in the following adjustment of Contract Price and Time:

Contract Price Prior to This Change Order: $

Resulting Contract Price Change From this Change Order: $

Current Contract Price Including This Change Order: $

Contract Time Prior to this Change Order: Calendar Days

Resulting Contract Time Change from this Change Order: Calendar Days

Current Contract Time Including this Change Order: Calendar Days

Requested by: The above Changes are Approved:

Owner: Engineer:

By: By:

Date: Date:

The Above Changes are Accepted:

Contractor:

Date:

CERTIFICATE OF COMPLETION

To:

Date of Completion:

Project Title:

Project Number:

Owner:

Date of Agreement:

The work performed for the Project has been inspected by authorized representatives of the Owner, Engineer, and

Contractor, and the Project is hereby declared to be fully complete on the above date.

Definition of Fully Complete:

Fully complete shall mean that all construction items (including Bid items, change order items, and punch list items); submittal and approval of material certifications; demobilization; processing and approval of all change orders (including submittal and approval), all delay claims, all applications for payment

(including any change orders), and Certificate of Completion have all been accepted as complete by the

Owner.

(Owner) (Authorized Representative) (Date)

(Engineer) (Authorized Representative) (Date)

The Contractor accepts the above Certificate of Completion.

(Contractor) (Authorized Representative) (Date)

CONSENT OF SURETY FOR FINAL PAYMENT

PROJECT NAME: BETHEL TOWNSHIP’S MUNICIPAL STORAGE BUILDING PROJECT

Location: Bethel Township, Lebanon County, Pennsylvania

Engineer’s Project No:

Type of Project:

Amount of Project:

In accordance with the provisions of the above-named Project between the Owner and the Contractor, the following named surety:

on the Payment Bond of the following named Contractor:

hereby approves of final payment to the Contractor, and further agrees that said final payment to the

Contractor shall not relieve the Surety Company named herein of any of its obligations to the above-named Owner as set forth in said Surety Company’s bond.

IN WITNESS WHEREOF, the Surety Company has hereunto set its hand and seal this day of , 20 .

Name of Surety Company

Signature of Authorized Representative

Title

(Affix Corporate Seal Here)

AFFIDAVIT OF RELEASE OF LIENS

TO ALL WHOM IT MAY CONCERN:

WHEREAS the undersigned has entered into an Agreement with the Bethel Township Board of Supervisors to furnish materials (except when Owner furnishes materials) and labor for the BETHEL TOWNSHIP’S

MUNICIPAL STORAGE BUILDING PROJECT

Bethel Township, Count of Lebanon, State of Pennsylvania of which the Bethel Township Board of

Supervisors is the Owner.

NOW THEREFORE, this ______ day_________________________________, 20______, the undersigned, as the

Contractor for the above-named Project hereby certifies that to the best of his knowledge, information, and belief, except as listed below, the Releases or Waivers of Lien attached hereto include the Contractor; all subcontractors; all suppliers of materials (except when Owner furnishes materials); all suppliers of equipment; and all performers of work, labor, or services, who have or may have liens against any property of the Owner arising in any manner out of the performance of the Project referenced above.

EXCEPTIONS: (If none, write “None.” If required by the Owner, the Contractor shall furnish bond satisfactory to the Owner for each exception):

ATTACHMENTS:

1. Contractor’s Release or Waiver of Liens, conditional upon receipt of final payment.

2. Separate Releases or Waivers of Liens for subcontractors, material suppliers (except when Owner furnishes materials), and equipment suppliers.

(Contractor - Name of sole ownership, corporation or partnership)

(Signature of Authorized Representative)

(Affix Corporate Seal Here)

PUNCH LIST

Project: Number:

Location: Date:

Inspection was conducted at the above Project by at o’clock on this date.

REPRESENTATION

Owner:

Engineer:

The following items are to be corrected or completed to comply with the Contract Documents:

Distribution: 1. Project Manager

2. Contractor’s Representative

3. Resident Project Representative

4. File

GENERAL CONDITIONS

Definitions

Wherever used in the Contract Documents, the following terms shall have the meanings indicated which shall be applicable to both the singular and plural thereof:

Addenda - Written or graphic instruments issued prior to the receipt of Bids which modify or interpret the Contract Documents, Drawings, and Specifications, by additions, deletions, clarifications, or corrections.

Bid - The offer or proposal of the Bidder submitted on the prescribed form setting forth the prices for the work to be performed.

Bidder - Any person, firm, or corporation submitting a Bid for the work.

Bonds - Bid, Performance, and Payment Bonds, and other instruments of security, furnished by the

Contractor and his surety in accordance with the Contract Documents.

Change Order - A written order to the Contractor after the acceptance of the Agreement has been signed authorizing an addition, deletion, or revision in the work within the general scope of the

Contract Documents or authorizing an adjustment in the Contract Price or Contract Time.

Contract Documents - Invitation for Bids; Information for Bidders; Bid, including Bid Schedule, Certification of Bidder Regarding Equal Employment Opportunity, Non-Collusion Bidding

Certification, and Bid Bond; Agreement; Nondiscrimination/Sexual Harassment Clause; Payment

Bond; Performance Bond; Notice of Award; Notice to Proceed; Change Order; Certificate of

Completion; Consent of Surety for Final Payment; Affidavit of Release of Liens; Punch List;

General Conditions; Technical Specifications; Special Conditions; Prevailing Wages Project Rates, and other Appendices; Drawings (if attached); and Addenda.

Contract Price - The total monies payable to the Contractor under the terms and conditions of the

Contract Documents.

Contract Time - The number of calendar days stated in the Contract Documents for the completion of the work.

Contractor - The person, firm, or corporation named as such in the Contract Documents.

Drawings - If attached, the part of the Contract Documents which show the characteristics and scope of the work to be performed, and which have been prepared or approved by the Engineer.

Engineer - The person, firm, or corporation named as such in the Contract Documents.

Field Order - A written order effecting a change in the work not involving an adjustment in the

Contract Price or an extension of the Contract Time, issued by the Owner and/or Engineer to the

Contractor during construction.

Notice of Award - The written notice of the acceptance of the Bid from the Owner to the successful

Bidder.

Notice to Proceed - Written communication issued by the Owner to the Contractor authorizing him to proceed with the work and establishing the date of commencement of the work.

Owner - A public or quasi-public body or authority, corporation, association, partnership, or individual for whom the work is to be performed.

Project - The undertaking to be performed as provided in the Contract Documents.

Resident Project Representative - The authorized representative of the Owner who is assigned to the

Project site or any part thereof.

Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, or other data which are prepared by the Contractor, a subcontractor, manufacturer, supplier, or distributor which illustrate how specific portions of the work shall be fabricated or installed.

Specifications - A part of the Contract Documents consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards, and workmanship.

Subcontractor - An individual, firm, or corporation having a direct contract with the Contractor, or with any other subcontractor for the performance of a part of the work at the site.

Supplier - Any person or organization who supplies equipment and/or materials for the work, including that fabricated to a special design, but who does not perform labor at the site.

Work - All labor necessary to produce the construction required by the Contract Documents, and all materials and equipment incorporated or to be incorporated in the Project.

Written Notice - Any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered, and the service thereof completed, when posted by certified or registered mail to the said party at his last given address or delivered in person to said party or his authorized representative on the work.

Additional Instructions and Detail Drawings

The Contractor may be furnished additional instructions by the Owner or his Representative, as necessary to carry out the work required by the Contract Documents.

Schedules, Reports, and Records

The Contractor shall submit to the Owner such schedule of quantities and costs, progress schedules, payrolls, reports, estimates, records, and other data where applicable as required by the Contract

Documents for the work to be performed.

Prior to the first partial payment estimate, the Contractor shall submit construction progress schedules showing the order in which he proposes to carry out the work, including dates at which he will start the various parts of the work, estimated date of completion of each part, and as applicable, the Contractor shall also submit a schedule of payments that he anticipates he will earn during the course of the work.

Drawings and Specifications

The intent of the drawings and specifications is that the Contractor shall furnish all materials (except when Owner furnishes materials), labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary for the proper execution of the work in accordance with the Contract

Documents, and all incidental work necessary to complete the Project in an acceptable manner, ready for use, occupancy, or operation by the Owner.

Any discrepancies found between the drawings and specifications and site conditions, or any inconsistencies or ambiguities in the drawings or specifications shall be immediately reported, in writing, to the Owner or his representative, who shall promptly correct such inconsistencies or ambiguities in writing. Work done by the Contractor after his discovery of such discrepancies, inconsistencies, or ambiguities shall be done at the Contractor’s risk.

Materials, Services, and Facilities

It is understood that, except as otherwise specifically stated in the Contract Documents, the

Contractor shall provide and pay for all materials (except when Owner furnishes materials), labor, tools, equipment, water, light, power, transportation, supervision, temporary construction of any nature, and all other services and facilities of any nature whatsoever necessary to execute, complete, and deliver the work within the specified time.

Materials and equipment shall be so stored as to insure the preservation of their quality and fitness for the work. Stored materials and equipment to be incorporated in the work shall be located so as to facilitate prompt inspection.

Manufactured articles, materials, and equipment shall be applied, installed, connected, erected, used, cleaned, and conditioned as directed by the manufacturer(s).

Equipment shall be in accordance with samples submitted by the Contractor and approved by the

Owner or his representative.

Materials, supplies, or equipment to be incorporated into the work shall not be purchased by the

Contractor or the subcontractor subject to a chattel mortgage, or under a conditional sales contract, or other agreement by which an interest is retained by the seller.

Inspection and Testing

All materials and equipment used in the construction of the Project shall be subject to adequate inspection and testing in accordance with generally accepted standards, as required and defined in the Contract Documents.

The Owner shall provide all inspection and testing services not required by the Contract Documents.

The Contractor shall provide, at his expense, the testing and inspection services required by the

If the Contract Documents, laws, ordinances, rules, regulations, or orders of any public authority having jurisdiction require any work to specifically be inspected, tested, or approved by someone other than the Contractor, the Contractor will give the Owner or his representative timely notice of readiness. The Contractor will then furnish the Owner or his representative the required certificates of inspection, testing, or approval.

Inspections, tests, or approvals by the Owner or his representative or others shall not relieve the

Contractor from his obligations to perform the work in accordance with the requirements of the

The Owner or his representative will at all times have access to the work. In addition, authorized representatives and agents of any participating Federal or State agency shall be permitted to inspect all work, materials, payrolls, records of personnel, invoices of materials, and other relevant data and records. The Contractor will provide proper facilities for such access and observation of the work, and also for any inspection or testing thereof.

If any work is covered contrary to the written instructions of the Owner or his representative, it shall be uncovered for his observation and replaced at the Contractor’s expense.

If the Owner or his representative considers it necessary or advisable that covered work be inspected or tested by others, the Contractor, at the Owner or his representative’s request, will uncover, expose, or otherwise make available for observation, inspection, or testing as the Owner or his representative may require, that portion of the work in question, furnishing all necessary labor, materials, tools, and equipment. If it is found that such work is defective, the Contractor will bear all the expenses of such uncovering, exposure, observation, inspection, and testing and of satisfactory reconstruction.

However, if such work is not found to be defective, the Contractor will be allowed an increase in the

Contract Price, or an extension of the Contract Time, or both, directly attributable to such uncovering, exposure, observation, inspection, testing, and reconstruction; and an appropriate change order shall be issued.

Substitutions

Whenever a material, article, or piece of equipment is identified on the drawings or specifications by reference to brand name or catalog number, it shall be understood that this reference is for the purpose of defining the performance or other prominent requirements, and that other products of equal capacities, quantity, and function shall be considered. The Contractor may recommend the substitution of any material, article, or piece of equipment of equal substance and function for those referred to in the Contract Documents by reference to brand name or catalog number, and if, in the opinion of the Owner or his representative, such material, article, or piece of equipment is of equal substance and function to that specified, the Owner or his representative may approve its substitution and use by the Contractor. Any cost differential shall be deductible from the Contract Price and the

Contract Documents shall be appropriately modified by Change Order. The Contractor warrants that if substitutes are approved, no major changes in the function or general design of the Project will result. Incidental charges or extra component parts required to accommodate the substitute will be made by the Contractor without a change in the Contract Price or Contract Time.

Copyrights and Patents

Copyright and Patent Indemnity

The Contractor shall pay all applicable royalties and license fees. He shall defend all suits or claims for infringement of any copyright or patent rights, and save the Owner harmless from loss on account thereof, except that the Owner shall be responsible for any such loss when a particular process, design, or the product of a particular manufacturer or manufacturers is specified; however, if the Contractor has reason to believe that the design, process, or product specified is an infringement of a copyright or patent, he shall be responsible for such loss, unless he promptly gives such information to the Owner or his representative.

Copyright and Publication Rights

All publication rights and copyrights in the documentation produced by the Contractor in connection with the work provided for under this Agreement shall rest with the Owner. The

Contractor shall not publish any of the results of the work without the written permission of the

Surveys, Permits, and Regulations

The Owner will furnish benchmarks and reference points. The Contractor is responsible for construction stakeout. The Contractor shall provide the Owner and Engineer with all grade sheets and layout information prior to the start of construction.

The Contractor shall carefully preserve benchmarks and reference points, and in case of willful or careless destruction, he shall be charged with the resulting expense and shall be responsible for any mistakes that may be caused by their loss or disturbance.

Unless otherwise specified, permits and licenses of a temporary nature, including National Pollution

Discharge Elimination System (NPDES) permits (if required) and approvals of erosion and sediment pollution control plans necessary for the prosecution of the work shall be secured and paid for by the

Contractor. Unless otherwise specified, permits, licenses, and easements for permanent structures or permanent changes in existing facilities shall be secured and paid for by the Owner. The

Contractor shall give all notices and comply with all laws, ordinances, rules, and regulations bearing on the conduct of the work as drawn, and at variance therewith, he shall promptly notify the Owner or his representative in writing, and any necessary changes shall be adjusted as provided in the

Changes in the Work section of the General Conditions. Under no circumstances shall the

Contractor or any subcontractor execute any portion(s) of the work that may be subject to permit(s), license(s), and/or easement(s), either temporary or permanent, until such permit(s), license(s), and/or easement(s) have been secured either by the Contractor and/or the Owner.

Protection of Work, Property, and Persons

The Contractor will be responsible for initiating, maintaining, and supervising all safety precautions and programs in connection with the work. He will take all necessary precautions for the safety of, and will provide the necessary protection to prevent damage, injury, or loss to all employees on the job and to other persons who may be affected thereby; all the work and all materials or equipment to be incorporated therein, whether in storage on or off the site; and other property at the site or adjacent thereto, including trees, shrubs, lawn, walks, pavements, roadways, structures, and utilities not designated for removal, relocation, or replacement in the course of construction.

The Contractor will comply with all applicable laws, ordinances, rules, regulations, and orders of any agency having jurisdiction over the work. He will erect and maintain, as required by the conditions and progress of the work, all necessary safeguards for safety and protection. He will notify owners of adjacent utilities when prosecution of the work may affect them. The Contractor will remedy all damage, injury, or loss to any property caused, directly or indirectly, in whole or in part, by the Contractor and subcontractor, or anyone directly or indirectly employed by any of them, or anyone for whose acts any of them be liable, except damage or loss attributable to the fault of the

Contract Documents, or to the acts or omissions of the Owner or his representative, or anyone employed by either of them, or anyone for whose acts either of them may be liable and not attributable, directly or indirectly, in whole or in part, to the fault or negligence of the Contractor.

In emergencies affecting the safety of persons, or the work or property at the site or adjacent thereto, the Contractor, without special instruction or authorization by the Owner or his representative, shall act to prevent threatened damage, injury, or loss. He will give the Owner or his representative prompt written notice of any significant changes in the work or deviations from the Contract Documents caused thereby, and a Change Order shall thereupon be issued covering the charges and deviations involved.

Supervision by Contractor

The Contractor will supervise and direct the work. He will be solely responsible for the means, methods, techniques, sequences, and procedures of construction. The Contractor will employ and maintain on the work a qualified supervisor or superintendent who shall have been designated in writing by the Contractor as the Contractor’s representative at the site. The supervisor shall have full authority to act on behalf of the Contractor, and all communications given to the supervisor shall be as binding as if given to the Contractor. The supervisor shall be present on the site at all times, as required, to perform adequate supervision and coordination of the work.

Changes in the Work

The Owner may at any time, as the need arises, order changes within the scope of the work without invalidating the Agreement. If such changes increase or decrease the amount due under the Contract

Documents, or in the time required for performance of the work, an equitable adjustment shall be authorized by Change Order.

The Owner or his representative, also, may at any time, by issuing a field order, make changes in the details of the work. The Contractor shall proceed with the performance of any changes in the work so ordered by the Owner’s representative, unless the Contractor believes that such field order entitles him to a change in Contract Price or Contract Time, or both, in which event he shall give the Owner or his representative written notice thereof within seven (7) days after the receipt of the ordered change. Thereafter the Contractor shall document the basis for the change in Contract Price or

Contract Time within thirty (30) days. The Contractor shall not execute such changes pending the receipt of an executed Change Order or further instruction from the Owner.

Changes in Contract Price

The value of any change shall be determined by one or more of the following methods:

1. If applicable unit prices are contained in the Contract Documents (established as a result of a unit price Bid, the Owner may order the Contractor to proceed with desired changes in the work, the value of such changes to be determined by the measured quantities involved and the applicable unit prices specified in the Contract Documents; provided that in case of a unit price

Bid, the net value of all changes does not increase or decrease the original total amount shown in the Contract Documents by more than twenty-five (25) percent.

2. By acceptance of agreed unit prices based on estimated cost plus overhead and profit as applicable.

3. By estimate of the actual cost of labor and materials plus overhead and profit, cost to be determined as the work progresses.

4. By actual cost of labor and materials plus overhead and profit, cost to be determined as the work progresses.

5. By estimate of the value as deductible from the approved detailed estimate.

Overhead shall be defined as an allowance to compensate for all costs, charges, and expenses, direct or indirect, except for the actual cost of labor to include, but not be limited to, insurance, bond or bonds, field and office supervisors and assistants above the level of foreman, use of small tools and minor equipment, incidental job burdens, general office expenses, etc.

Actual cost of labor and material shall be defined as the amount paid for the following items, to the extent determined reasonable and necessary:

Item 1 - Cost of materials delivered to the job site for incorporation into the Project work, except when the Owner furnishes materials.

Item 2 - Wage paid to workmen and foremen, and wage supplements paid to labor organizations in accordance with current labor agreements.

Item 3 - Premiums or taxes paid by the Contractor for workmen’s compensation insurance, unemployment insurance, FICA tax, and other payroll taxes as required by law, net of actual and anticipated refunds and rebates.

Item 4 - Sales taxes paid as required by law.

Item 5 - Allowance for use of construction equipment (exclusive of hand tools and minor equipment) as approved for use by the Owner or his representative. The rate on self-owned equipment used for periods of under one week will be the Rental Rate Blue Book for

Construction Equipment by Nelsen/Dataquest, Inc. published rate. Equipment used for periods of five (5) consecutive days or more will be billed at a rate equal to forty-five (45) percent of the published monthly rate. Allowance for operating costs (fuel and maintenance) shall be the

Blue Book rate. In the alternative, the Owner or his representative may approve for reimbursement at a rate representing the allowable costs or ownership. Self-owned equipment is defined to include equipment rented from controlled or affiliated companies. Rented equipment will be paid for at the actual rental cost. Gasoline, oil, and grease required for operation and maintenance will be paid for at the actual cost. When, in the opinion of the

Contractor, and as approved by the Owner or his representative, suitable equipment is not available on the site, the moving of said equipment to and from the site will be paid for at actual cost.

Regardless of the method used to determine the value of any change, the Contractor will be required to submit evidence satisfactory to the Owner to substantiate each and every item that constitutes his proposal of the value of the change. The amounts allowed for overhead and profit shall not exceed the applicable percentages established as follows:

• If the work is done directly by the Contractor, overhead in an amount of ten (10) percent may be added if Method 2, 3, or 4 of this Article is used, and to the cost of the labor and materials plus overhead there may be added ten (10) percent for profit.