Brock Road Sewer

Improvements

City of Nevada City, 95959 Nevada County, California

Bryan K. McAlister City Engineer

PE C58570

PLS 9199

NOTICE TO CONTRACTOR'S

Brock Road Sewer Improvements

Sealed proposals for Brock Road Sewer Improvements will be received by the City at City Hall, 317 Broad Street, Nevada City, California, 95959, until 3:00 PM on Thursday July 2nd, 2026, at which time, or as soon thereafter as practicable, all such proposals will be publicly opened and read at City Hall, 317 Broad Street, Nevada City, California.

Bids shall be enclosed and sealed in an envelope addressed to the City of Nevada City at the above stated address and shall be marked " Brock Road Sewer Improvements” No Bid Bonds are required.

The work includes the furnishing of all labor, materials, and equipment required for the job in accordance with the plans, specifications and other contract documents as set forth by the City Engineer. Such bid documents will be on file with the City staff and are available for inspection during office hours. Bid documents may be obtained at the office of said City Hall at 317 Broad Street, Nevada City, California.

There is a non-mandatory pre-bid meeting on Tuesday, June 23rd 2026 at 11am at 410 Brock Road.

The City reserves the right to reject all bids; or to accept any portion of bid schedule; to reject any bid which is incomplete or irregular; to determine which proposal is, in its judgment, the lowest responsible bid of a responsible bidder and to waive any informality or minor irregularity of any bid.

DATED: June 12, 2026 CITY OF NEVADA CITY

Bryan McAlister, PE, PLS City Engineer

Any interpretation or correction of the Contract Documents will only be made by Addendum duly issued, and a copy of such Addendum will be made available for each contractor receiving a set of the Contract Documents. Any request for clarification shall be submitted in writing, via email, to Bryan McAlister bryan.mcalister@nevadacityca.gov not less than seventy-two (72) hours prior to bid opening.

PROPOSAL/CONTRACT

Brock Road Sewer Improvements

TO: City of Nevada City, City Hall, Nevada City, California.

The undersigned, as a bidder, submits the following proposal for the Brock Road Sewer Improvements project in the City of Nevada City, California, and offers to perform all work and furnish all labor, materials, tools, equipment, power and water as required for the completion of said project, in accordance with the plans, specifications and all other contract documents. The bidder has inspected the project site and has examined all conditions affecting the proposed work. The bidder is licensed with Contractors State License Board and is registered as a public works contractor with the Department of Industrial Relations as required to bid on this contract.

If this bid is accepted, the bidder agrees to execute the Agreement, and furnish to the City all documents and evidences of insurance, within ten (10) days after receiving written notice of the award of contract, and complete the project within thirty (30) working days after receiving written notice to proceed. No bid bond is required for this project.

Attached to this bid and made a part hereof is a list of proposed subcontractors, setting forth all information required by Section 4104 of the Government Code.

The undersigned is (state whether individual, partnership or corporation) .

DATED:

FIRM NAME: BY:

Signature of Authorized Person

ADDRESS:

Contact Person:

PHONE:

CELL PHONE: _______________________

CONTRACTOR'S #:

EXPIRATION:

NEVADA CITY BUSINESS LICENSE (required after Notice of Award and for duration of project)

**COMPLETE & RETURN THIS PAGE**

Forms required for Bid Proposal (pages 3 through 12)

In accordance with provisions of Federally Funded projects, the contractor shall provide these forms at time of bid:

• Signed Bid Proposal

• Bid Schedule

• Bidder’s List of Subcontractors (DBE and Non-DBE)

• Public Contract Code Section 10285.1 Statement

• Public Contract Code Section 10162 Questionnaire

• Public Contract Code Section 10232 Statement

• Noncollusion Affidavit

• Equal Employment Opportunity Certification

• Levine Act Disclosure Statement

The above listed documents, General Conditions and all State Labor Code requirements in effect at the time of bid are considered part of the Bid Proposal and Contract Agreement.

No bid bond is required for this project.

CITY OF NEVADA CITY

PUBLIC CONTRACT CODE SECTION 10285.1 STATEMENT

In conformance with Public Contract Code Section 10285.1 (Chapter 376, Stats. 1985), the bidder hereby declares under penalty of perjury under the laws of the State of California that the bidder has_______ , has not ______ been convicted within the preceding three years of any offenses referred to in that section, including any charge of fraud, bribery, collusion, conspiracy, or any other act in violation of any state or Federal antitrust law in connection with the bidding upon, award of, or performance of, any public works contract, as defined in Public Contract Code Section 1101, with any public entity, as defined in Public Contract Code Section 1100, including the Regents of the University of California or the Trustees of the

California State University. The term "bidder" is understood to include any partner, member, officer, director, responsible managing officer, or responsible managing employee thereof, as referred to in Section 10285.1.

Note: The bidder must place a checkmark after "has" or "has not" in one of the blank spaces provided. The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

PUBLIC CONTRACT CODE SECTION 10162 QUESTIONNAIRE

In conformance with Public Contract Code Section 10162, the Bidder shall complete, under penalty of perjury, the following questionnaire:

Has the bidder, any officer of the bidder, or any employee of the bidder who has a proprietary interest in the bidder, ever been disqualified, removed, or otherwise prevented from bidding on, or completing a federal, state, or local government project because of a violation of law or a safety regulation?

Yes ______ No ________

If the answer is yes, explain the circumstances in the following space.

PUBLIC CONTRACT CODE SECTION 10232 STATEMENT

In conformance with Public Contract Code Section 10232, the Contractor, hereby states under penalty of perjury, that no more than one final unappealable finding of contempt of court by a federal court has been issued against the Contractor within the immediately preceding two-year period because of the Contractor's failure to comply with an order of a federal court which orders the Contractor to comply with an order of the National Labor Relations Board.

Note: The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

NONCOLLUSION AFFIDAVIT

(Title 23 United States Code Section 112 and Public Contract Code Section 7106)

To the CITY OF NEVADA CITY

DEPARTMENT OF PUBLIC WORKS.

In conformance with Title 23 United States Code Section 112 and Public Contract Code 7106 the bidder declares that the bid is not made in the interest of, or on behalf of, any undisclosed person, partnership, company, association, organization, or corporation;

that the bid is genuine and not collusive or sham; that the bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived, or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding; that the bidder has not in any manner, directly or indirectly, sought by agreement, communication, or conference with anyone to fix the bid price of the bidder or any other bidder, or to fix any overhead, profit, or cost element of the bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the contract of anyone interested in the proposed contract; that all statements contained in the bid are true; and, further, that the bidder has not, directly or indirectly, submitted his or her bid price or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid, and will not pay, any fee to any corporation, partnership, company association, organization, bid depository, or to any member or agent thereof to effectuate a collusive or sham bid.

Note: The above Statement is part of the Proposal. Signing this Proposal on the signature portion thereof shall also constitute signature of this Statement. Bidders are cautioned that making a false certification may subject the certifier to criminal prosecution.

EQUAL EMPLOYMENT OPPORTUNITY CERTIFICATION

During the performance of this contract, the contractor agrees as follows:

(1) The contractor will not discriminate against any employee or applicant for employment because of race, color, religion, sex, sexual orientation, gender identity, or national origin. The contractor will take affirmative action to ensure that applicants are employed, and that employees are treated during employment without regard to their race, color, religion, sex, sexual orientation, gender identity, or national origin. Such action shall include, but not be limited to the following:

Employment, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rates of pay or other forms of compensation; and selection for training, including apprenticeship. The contractor agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided setting forth the provisions of this nondiscrimination clause.

The contractor will, in all solicitations or advertisements for employees placed by or on behalf of the contractor, state that all qualified applicants will receive consideration for employment without regard to race, color, religion, sex, sexual orientation, gender identity, or national origin.

The contractor will not discharge or in any other manner discriminate against any employee or applicant for employment because such employee or applicant has inquired about, discussed, or disclosed the compensation of the employee or applicant or another employee or applicant.

In the event of the contractor's noncompliance with the nondiscrimination clauses of this contract or with any of the said rules, regulations, or orders, this contract may be canceled, terminated, or suspended in whole or in part and the contractor may be declared ineligible for further Government contracts or federally assisted construction contracts in accordance with procedures authorized in Executive Order 11246 of September 24, 1965, The bidder_________________________________________________________________, hereby certifies that he has ___ , has not ____, participated in a previous contract or subcontract subject to the equal opportunity clauses, as required by Executive Orders 10925, 11114, or 11246, and that, where required, he has filed with the Joint Reporting Committee, the Director of the Office of Federal Contract Compliance, a Federal Government contracting or administering agency, or the former President's Committee on Equal Employment Opportunity, all reports due under the applicable filling requirements.

Note: Bidder shall place a checkmark after "has" or "has not" in one of the blank spaces provided as part of this Bid/Proposal.

CALIFORNIA LEVINE ACT DISCLOSURE STATEMENT

In 2022, California SB1439 extended requirements under Government Code Section 84308, also known as the "Levine Act", to prohibit City of Nevada City “officers” from participating in any action related to a contract if such member receives political contributions totaling more than $250 within the previous twelve months, and for three months following the date a final decision concerning the contract has been made, from the person or company awarded the contract. The Levine Act also requires disclosure of such contribution by a party to be awarded a specific contract.

Section 84308(a)(4) of the Levine Act defines an "officer" as follows: “Officer” means any elected or appointed officer of an agency, any alternate to an elected or appointed officer of an agency, and any candidate for elective office in an agency. The term “officer” is further defined 2 Cal. Code Regs. Section 18438.1, which states:

An officer of an agency includes only those persons who make, participate in making, or in any way attempt to use their official position to influence a decision in the license, permit, or entitlement for use proceeding, or who exercise authority or budgetary control over the agency of officers who may do so, and:

(1) Serve in an elected position, including an official appointed to an elected position due to an interim vacancy or an election otherwise canceled because the official was the sole candidate for the position;

(2) Serve as a member of a board or commission;

(3) Serve as the chief executive of a state agency, or county, city or district of any kind; or

(4) Have decision making authority with respect to the proceeding involving a license, permit, or other entitlement for use and is also a candidate for elected office or has been a candidate for elective office in the 12 months prior to the proceeding.

A list of City of Nevada City Council Members and Commissioners can be found online at https://www.nevadacityca.gov/27/Your- Government The party making this certification is responsible for determining whether a recipient of a political contribution is a City officer prior to answering the following questions:

1. Have you, your company, or any agent on behalf of you or your company, made any political contributions of more than $250 to any City officer, in the twelve (12) months preceding the date of the submission of your proposals or the anticipated date of any Board action related to this contract?

☐ YES ☐ NO

If YES, please identify the person(s) or agent(s) making the contribution:

If YES, please identify the City officer receiving the contribution:

2. Do you, or your company, or any agent on behalf of you or your company, anticipate or plan to make any political contribution of more than $250 to any City officer in the three (3) months following any Board action related to this contract?

☐ YES ☐ NO

If YES, please identify the person(s) or agent(s) making the contribution:

If YES, please identify the City officer receiving the contribution:

Answering YES to either of the questions above does not preclude the City of Nevada City from awarding a contract to your firm or taking any subsequent action related to the contract. It does, however, preclude the identified City officer from participating in any actions related to such contract.

I HEREBY CERTIFY UNDER PENALTY OF PERJURY UNDER THE LAWS OF THE STATE OF CALIFORNIA THAT THE

FOREGOING IS TRUE AND CORRECT.

Signature: Date Signed:

Print Name:

Title:

Company:

BID SCHEDULE

CITY OF NEVADA CITY

Brock Road Sewer Improvements

No. Quantity Unit Item Description Unit Price Total

1. 1 LS Mobilization $________ $_____________

2. 3 EA New Sewer Manhole $________ $_____________

3. 239 LF 8” SDR35 Sewer Main $________ $_____________

4. 183 LF 8” HDPE Sewer Main $________ $_____________ Directional Drilling

5. 164 LF 6” HDPE Sewer Main $________ $_____________

Directional Drilling

6. 1 EA Sewer Lateral with Backflow $________ $_____________

7. 2 EA Connect to Existing Manhole $________ $_____________

8. 8 TN Asphalt Trench Resurfacing $________ $_____________

TOTAL $_____________________

Addendum 2 Note

1. All workers employed on the project must be paid the prevailing wage determined by California Department of Industrial Relations.

2. Mobilization shall include all incidental work as shown on the plans that is not otherwise listed on this bid schedule as a pay item.

3. Unit price for pipe (sewer main and laterals) shall include all traffic control, potholing, sawcutting, trench plates, shoring, abandonments or removal of existing pipe, fittings, staging/ bypass facilities, connections, excavation, bedding, backfill and testing.

4. Unit price for sewer lateral shall include all labor and materials to connect to existing service. Cost of cleanout, backflow device, wye fittings and pipe connections shall be included in the unit price for sewer lateral.

5. Unit price for trench resurfacing shall include T-grind and asphalt paving, surface preparation, placement and compaction of agg. base.

LIST OF SUBCONTRACTORS

NAME (DBE Y/N)

PLACE OF BUSINESS

CONTRACTORS LICENSE

PORTION OF WORK

1.

2.

3.

4.

5.

6.

7.

8.

9.

10.

AGREEMENT

THIS AGREEMENT is made this _______________ day of ______________________, between the CITY OF NEVADA CITY, a municipal corporation, hereinafter called "City," and ___________________________________________, hereinafter called "Contractor."

WHEREAS, City has caused to be prepared certain plans, specifications and other contract documents pertaining to the Brock Road Sewer Improvements in said City: and WHEREAS, after notice duly given, City has awarded the contract for such work to Contractor;

NOW, THEREFORE, IT IS AGREED by and between said parties as follows:

1. Scope of Work. The contractor agrees to furnish all labor, materials, tools and equipment, required to complete the improvements in Nevada City, California, in accordance with the plans, specifications and other contract representation made in mandatory meetings. All such work shall be performed in a good and workmanlike manner and to the satisfaction of the designer of said project.

2. Contract Price. As consideration for all such work, City agrees to pay to Contractor the total sum of _____________________________________________ ($________________) Dollars, payable in the manner hereinafter set forth.

3. Contract Documents. The complete contract between the parties hereto consists of the Notice to Contractors, the Information to Bidders, the Bid Proposal, the General Conditions, the Plans and Specifications, and all other drawings and printed or written explanatory matter pertaining thereto. All of the foregoing documents are intended to cooperate, so that any work or requirement specified in any of them is to be carried out or observed the same as if mentioned in all.

4. Time for Performance. Within five (5) days after the execution of this Agreement, City shall give Contractor written Notice to Proceed, and thereafter Contractor shall commence the work and shall prosecute the same with due diligence until completion and acceptance by City; provided, however, that all such work shall be completed and ready for use within the time limits set forth in the Proposal/Contract (page 3), after Contractor receives said Notice to Proceed.

5. Extension of Time. If, because of adverse weather conditions, strikes, inability of the Contractor (through no fault on his/her part) to obtain necessary materials, or other cause beyond the reasonable control of Contractor, Contractor is unable to complete the required work within the allowed time, he shall be entitled to an extension or extensions of such time, commensurate with the unavoidable delay thus caused; provided, however that Contractor shall apply to City for approval of any such extension prior to the expiration of the time for performance as specified in the preceding paragraph.

6. Contractor's Failure to Complete Work. If Contractor fails to prosecute the work with such diligence as will insure its completion within the time hereinabove specified, or any extension thereof, or fails to complete such work within such time, or if Contractor shall otherwise violate this Agreement, City may give written notice to Contractor and his sureties of City's intention to terminate this Agreement unless, within five (5) days after services of such notice, satisfactory arrangements are made with the City for the completion of such work or the curing of such breach; and if such arrangements are not made within such time, City may, at its option, terminate this Agreement by giving written notice of such termination to Contractor and his sureties.

7. Payments to Contractor. On or before the tenth day of each month during the progress of the work, Contractor shall submit to the City Engineer an itemized statement of all labor and materials incorporated into the improvement during the preceding month and the portion of the contract price applicable thereto.

No retainage will be held by the City from progress payments due to the prime contractor. Prime contractors and subcontractors are prohibited from holding retainage from subcontractors. Any delay or postponement of payment may take place only for good cause and with the agency’s prior written approval. Any violation of these provisions shall subject the violating contractor or subcontractor to the penalties, sanctions, and other remedies specified in Section 7108.5 of the California Business and Professions Code and Section 10262 of the California Public Contract Code for construction contracts, and Section 3321 of the California Civil Code for consultant contracts. This requirement shall not be construed to limit or impair any contractual, administrative or judicial remedies, otherwise available to the contractor or subcontractor in the event of a dispute involving late payment or nonpayment by the contractor, deficient subcontractor performance and/or noncompliance by a subcontractor. This clause applies to both DBE and non-DBE subcontractors.

8. Indemnification. Contractor agrees to hold City, and its officers, agents, and employees harmless from any and all liability and claims for damages for death and personal injury, and for property damage, incident to or arising out of the operations of Contractor or any subcontractor under this Agreement, and Contractor further agrees to defend City, and its officers, agents, and employees in any and all lawsuits which may be brought for such damages caused, or alleged to have been caused, by such operations. In addition, Contractor agrees to furnish to the City evidences of insurance coverage. The approval of such insurance by City shall not constitute a waiver or limitation of any rights under this indemnity agreement, regardless of whether such insurance shall be held to be inapplicable to any such damage or claims therefore.

Executed in duplicate this day of , .

ATTEST: CITY OF NEVADA CITY

By:

(Mayor)

(Contractor)

(Authorized Officer)

GENERAL CONDITIONS

1. Inspection of Construction

The Engineer shall have access to the work and the site of the work at all times and the Contractor shall afford such access to the Engineer and shall furnish all relevant information requested by him. At the request of the Engineer the Contractor shall open for inspection any part of the work which has been covered up, and if any part of the work has been covered up in contravention of the instructions of the Engineer, or if on being opened up, is found not to be in accordance with the terms of the contract, the expense of opening and recovering shall be charged to the Contractor. If the work has been covered up but not in contravention of such instructions and is found to be in accordance with the terms of the contract, the actual cost of opening and recovering shall be borne by the City, and in such case, if the work of opening and recovering is done by the Contractor, it shall be considered as extra work and paid for accordingly.

2. Change Orders

If for any reason it becomes necessary or desirable to change the alignment, dimensions, or design of the work, the City shall have the right to issue written change orders therefore. If the Contractor considers that any such change involves extra work, he shall immediately so notify the Engineer in writing, and shall make claim for compensation for such work not later than the first day of the month following the month in which the work was performed. If, in the opinion of the Engineer, any change order results in a change in the amount of work performed, the contract price shall be adjusted for extra work or omitted work, as the case may be.

3. Contractor’s Employees and Subcontractors

The Contractor shall at all times be responsible for the adequacy and efficiency of his employees and any subcontractor and the latter’s employees. All workers shall have adequate skill and experience to perform properly the work assigned to them.

4. Errors and Omissions

If the Contractor in the course of the work becomes aware of any error or omission in the contract documents, or of any discrepancy between such documents and the physical conditions of the work site, he shall immediately inform the Engineer, who shall take such action as he may deem necessary in order to rectify the matter. Any work done after such discovery and without the authorization of the Engineer will be at the Contractor’s risk.

5. Guaranty of Work

For a period of one (1) year after final acceptance of the work by the City, the Contractor shall make all Improvements and replacements arising out of any defective workmanship or materials. If the Contractor fails to make such repairs or replacements within ten (10) days after receiving written notice to do so, or within such further time as may be allowed by the City, the City may undertake such repairs or replacements, in which case the Contractor shall be liable to the City for the cost thereof.

6. Contractor’s Responsibility for Work

The Contractor shall be responsible for the proper care and protection of the work, and of all materials delivered to the work site, until completion of the work and its final acceptance by the City.

7. Performance Bond

No Performance bond shall be required for this project.

8. Payment Bond

A payment (labor and materials) bond is required for public works contracts involving an expenditure in excess of twenty-five thousand dollars ($25,000). If the contract is in excess of this amount the contractor shall provide a payment bond to the City of Nevada City before commencement of work. Cost for the bond shall be included in the contractor bid proposal and no additional compensation will be provided.

A payment bond shall be in an amount not less than 100 percent of the total amount payable pursuant to the contract. The bond shall be in the form of a bond and not a deposit in lieu of a bond. The bond shall be executed by an admitted surety insurer and in accordance with Section [9550 - 9566] of the CA Code.

9. Workmen’s Compensation Insurance

The Contractor shall carry workmen’s compensation insurance for all employees working on or about the site of the work, and if any work is subcontracted, the Contractor shall require each subcontractor to carry such insurance for all of the latter’s employees, unless they are covered by the Contractor’s insurance.

10. Insurance Requirements

CONTRACTOR shall purchase and maintain insurance in amounts of coverage not less than the following amounts and as described in Exhibit A:

General Liability: $2,000,000 per occurrence for bodily injury, (Including operations, personal injury and property damage. If products and completed General Liability Insurance or operations) other form with a general aggregate limit is used either the general aggregate limit shall apply separately to this project/location or the general aggregate limit shall be twice the required occurrence limit.

Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

Worker’s Compensation Workers’ Compensation insurance as required by the State of California, with Statutory Limits, and Employers’ Liability insurance with a limit of no less than $1,000,000 per accident for bodily injury or disease

The Contractor shall deliver to the City, concurrently with the execution of the contract, certificates evidencing all insurance required by the contract, and each such certificate shall include a provision to the effect that the policy or policies cannot be canceled or materially modified unless the insurer gives the City at least fifteen (15) days written notice thereof prior to such cancellation or modification.

11. Prevailing Wages Contractor shall pay each laborer, workman or mechanic in accordance with State and Federal Prevailing Wage Rates and the California Labor Code. These wage rates are hereby made a part of this contract:

State General Prevailing Wage Determinations in effect on date advertised General prevailing wage determination Journeyman and Apprentice Prevailing Wage Rates can be accessed at the following websites:

https://www.dir.ca.gov/oprl/DPreWageDetermination.html And http://www.dir.ca.gov/das/publicworks.html

Reference: Labor Code http://www.labor.ca.gov/laborlawreg.htm

Electronic Certified Payroll Records

• All contractors must furnish electronic certified payroll records to the Labor Commissioner using the online eCPR data system

• No contractor or subcontractor may be listed on a bid proposal for a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5 [with limited exceptions from this requirement for bid purposes only under Labor Code section 1771.1(a)].

• No contractor or subcontractor may be awarded a contract for public work on a public works project unless registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5.

• This project is subject to compliance monitoring and enforcement by the Department of Industrial Relations.

• The contractor shall post job site notices prescribed by regulation. (See 8 Calif. Code Reg. §16451(d)

PART B

GENERAL CONDITIONS

Article Number Title

1 Definitions 2 Preliminary Matters 3 Correlation, Interpretation and Intent of Contract Documents 4 Availability of Lands; Physical Conditions; Reference Points 5 Bonds of Insurance 6 Contractor's Responsibilities 7 Work by Others 8 Owner's Responsibilities 9 Engineer's Status During Construction 10 Changes in the Work 11 Change of the Contract Price 12 Change of the Contract Time 13 Warranty and Guarantee; Tests and Inspections; Correction, Removal or Acceptance of Defective Work 14 Payments and Completion 15 Suspension of Work and Termination 16 Arbitration 17 Miscellaneous

INDEX TO GENERAL CONDITIONS

Article or Paragraph Number

Access to the Work 13.5 Addenda--definition of (see definition of Specifications) 1 Agreement--definition of 1 Agreement, Execution of 2.1 Application for Payment--definition of 1 Application for Payment, Final 14.12 Application for Progress Payment 14.2 Approval of Final Payment 14.13, 14.14 Approval of Payments--in general 14.4 thru 14.7.5 Arbitration 16 Availability of Lands 4.1 Award--Notice of--defined 1

Before Starting Construction 2.7 thru 2.9 Bid--definition 1 Bidder--definition 1 Bonds, Additional and Insurance 5.12 Bonds and Insurance--in general 5 Bonds--definition of 1 Bonds, Delivery of 2.2 Bonds, Performance and Payment 5.1, 5.2

Cash Allowances 11.9 Change Order--definition of 1 Changes in the Work 10 Claims, Waiver of 14.16 Clarifications and Interpretations 9.3 Cleaning 6.29 Completion, Payments and 14 Completion, Substantial 14.8, 14.9 Contract Documents--definition of 1 Contract Price, Change of 11 Contract Price--definition of 1 Contract Time, Change of 12 Contract Time--Commencement of 2.5 Contract Time--definition of 1 Contractor--definition of 1 Contractor May Stop Work or Terminate 15.5 Contractor, Neglected Work by 13.12 Contractor's Continuing Obligation 14.15 Contractor's Fee 11.6 Contractor's Liability Insurance 5.3 Contractor's Pre-Start Representations 2.4 Contractor's Responsibilities--in general 6 Contractor's Warranty of Title 14.3 Copies of Documents 2.3 Correction or Removal of Defective Work 13.9 Correction Period, One Year 13.10

Correction, Removal or Acceptance of Defective Work--in general 13 Correlation, Interpretation and Intent of Contract Documents 3 Cost of Work 11.4, 11.5 Costs, Supplemental 11.4.5

Day--definition of 1 Defective Work, Acceptance of 13.11 Defective Work, Correction or Removal of 13.9 Defective Work--definition of 9.4 Defective Work--in general 13 Defective Work, Rejecting 9.4 Definitions 1 Delivery of Bonds 2.2 Disagreements, Decisions by Engineer 9.9, 9.10 Documents, Copies of 2.3 Drawings--definition of 1 Drawings, Record 6.19

Emergencies 6.22 Engineer--definition of 1 Engineer's Responsibilities, Limitations on 9.11 thru 9.13 Engineer's Status During Construction--in general 9 Execution of Agreement 2.1

Fee, Contractor's 11.6 Field Order--definition of 1 Field Order--issued by Engineer 10.2 Final Acceptance for Payment 14.12 Final Inspection 14.11 Final Payment, Approval of 14.13, 14.14

General--Miscellaneous Provisions 17.3 thru 17.7 Giving Notice 17.1 Guarantee 13.1

Indemnification 6.30 thru 6.32 Inspection, Final 14.11 Inspection, Tests and 13.2, 13.3 Insurance--Additional Bonds and 5.12 Insurance, Bonds and--in general 5 Insurance--Certificates of 2.9 and 5 Insurance, Contractor's Liability 5.3 Interpretations and Clarifications 9.3

Labor, Materials and Equipment 6.3 thru 6.6 Laws and Regulations 6.15 Limitations on Engineer's Responsibilities 9.11 thru 9.13 Local Conditions--Contractor's familiarity with 2.4

Materials and Equipment--furnished by Contractor 6.3 Materials or Equipment, Substitute 6.7 Miscellaneous Provisions 17 Modification--definition of 1

Neglected Work by Contractor 13.12 Notice, Giving of 17.1 Notice of Award--definition of 1 Notice to Proceed--definition of 1 Notice to Proceed--giving of 2.5

"Or-Equal" Items 6.7 OWNER--definition of 1

OWNER May Stop Work 13.8 OWNER May Suspend Work, Terminate 15.1 thru 15.4 OWNER's Representative--Engineer to serve as 9.1 OWNER's Responsibilities--in general 8

Partial Utilization 14.10 Patent Fees and Royalties 6.13 Payments and Completion--in general 14 Payments, Approval of 14.4 thru 14.7.5 Performance, Payment and other Bonds 5.1 thru 5.2 Permits 6.14, 6.15 Physical Conditions--Surveys and Reports 4.2 Physical Conditions, Unforeseen 4.3 Preconstruction Conference 2.9 Premises, Use of 6.17, 6.18 Price--Change of Contract 11 Price--Contract--definition of 1 Progress Payment, Applications for 14.2 Progress Schedule 2.8, 14.1 Project--definition of 1 Project Representative, Resident--definition of 1 Project Representative, Resident--provision of 9.8 Project, Starting 2.6 Property Insurance 5.5 thru 5.11 Protection, Safety and 6.20 thru 6.21

Record Drawings 6.19 Reference Points 4.4 Regulations, Laws and 6.15 Rejecting Defective Work 9.4 Removal or Correction of Defective Work 13.9 Resident Project Representative--definition of 1 Resident Project Representative--provision of 9.8 Responsibilities, Contractor's 6 Responsibilities, OWNER's 8 Royalties, Patent Fees and 6.13

Safety and Protection 6.20 thru 6.21 Samples 6.23 Schedule of Shop Drawings Submissions 2.8, 14.1 Schedule of Values 14.1 Shop Drawings and Samples 6.23 thru 6.28 Shop Drawings--definition of 1 Site inspection--by Contractor 2.8 Site, Visits to--by Engineer 9.2 Specifications--definition of 1 Starting Construction, Before 2.7 thru 2.9 Stopping Work--by Contractor 15.5 Stopping Work--by OWNER 13.8 Subcontractor--definition of 1 Subcontractors--in general 6.8 thru 6.12 Substantial Completion--certification of 14.8 Substantial Completion--definition of 1 Substitute Materials or Equipment 6.7 Subsurface Conditions 4.2, 4.3 Supplemental Costs 11.4.5 Surety--consent to payment 14.12, 14.14 Surety--qualification of 5.1, 5.2

Suspending Work, by OWNER 15.1 Suspension of Work and Termination--in general 15 Superintendent--Contractor's 6.2 Supervision and Superintendence 6.1, 6.2

Taxes 6.16 Termination--by Contractor 15.5 Termination--by OWNER 15.2 thru 15.4 Termination, Suspension of Work and--in general 15 Tests and Inspections 13.2, 13.3, 13.7 Time, Change of Contract 12 Time, Computation of 17.2 Time, Contract--definition of 1

Uncovering Work 13.6, 13.7 Use of Premises 6.17, 6.18

Values, Schedule of 14.1 Visits to Site--by Engineer 9.2

Waiver of Claims 14.16 Warranty and Guarantee--by Contractor 13.1 Warranty of Title, Contractor's 14.3 Work, Access to 13.5 Work by Others--in general 7 Work, Cost of 11.4 Work--definition of 1 Work, Neglected by Contractor 13.12 Work, Stopping by Contractor 15.5 Work, Stopping by OWNER 15.1 thru 15.4

GENERAL CONDITIONS

ARTICLE 1 - DEFINITIONS

Whenever used in these General Conditions or in the other Contract Documents, the following terms have the meanings indicated which are applicable to both the singular and plural thereof:

Agreement - The written agreement between OWNER and CONTRACTOR covering the Work to be performed;

other Contract Documents are attached to the Agreement.

Application for Payment - The form furnished by ENGINEER which is to be used by CONTRACTOR in requesting progress payments and which is to include the schedule of values required by paragraph 14.1 and an affidavit of CONTRACTOR that progress payments therefore received on account of the Work have been applied by CONTRACTOR to discharge in full all of CONTRACTOR's obligations reflected in prior Applications for Payment.

Bid - The offer or proposal of the Bidder submitting 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 CONTRACTOR and his surety in accordance with the Contract Documents.

Change Order - A written order to CONTRACTOR signed by OWNER authorizing an addition, deletion, or revision in the Work, or an adjustment in the Contract Price or the Contract Time issued after execution of the Agreement.

Contract Documents - The Agreement, Addenda (whether issued prior to the opening of Bid or the execution of the Agreement), Instructions to Bidders. CONTRACTOR's Bid, the Bonds, the Notice of Award, these General Conditions, the Supplementary Conditions, the Specifications, Drawings and Modifications.

Contract Price - The total moneys payable to CONTRACTOR under the Contract Documents.

Contract Time - The number of days stated in the Agreement for the completion of the Work, computed as provided in paragraph 17.2.

CONTRACTOR - The person, firm, or corporation with whom OWNER has executed the Agreement.

Day - A calendar day of twenty-four hours measured from midnight to the next midnight.

Drawings - The drawings which show the character and scope of the Work to be performed and which have been prepared or approved by ENGINEER and are referred to in the Contract Documents.

ENGINEER - The person, firm or corporation named as such in the Agreement.

Field Order - A written order issued by ENGINEER which clarifies or interprets the Contract Documents in accordance with paragraph 9.3 or orders minor changes in the Work in accordance with paragraph 10.2.

Modification - (a) A written amendment of the Contract Documents signed by both parties, (b) a Change Order, (c) a written clarification or interpretation issued by ENGINEER in accordance with paragraph 9.3, or (d) a written order for a minor change or alteration in the Work issued by ENGINEER pursuant to paragraph 10.2. A Modification may only be issued after execution of the Agreement.

Notice of Award - The written notice by OWNER to the apparent successful Bidder stating that upon compliance with the conditions precedent to be fulfilled by him within the time specified, OWNER will execute and deliver the Agreement to him.

Notice to Proceed - A written notice given by OWNER to CONTRACTOR (with a copy to ENGINEER) fixing the date on which the Contract Time will commence to run and on which CONTRACTOR shall start to perform his obligations under the Contract Document.

OWNER - A public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed.

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

Resident Project Representative - The authorized representative of ENGINEER who is assigned to the Project site or any part thereof.

Shop Drawings - All drawings, diagrams, illustrations, brochures, schedules, and other data which are prepared by CONTRACTOR, a Subcontractor, manufacturer, supplier, or distributor and which illustrate the equipment, material, or some portion of the Work.

Specifications - Those portions of the Contract Documents consisting of written technical descriptions of materials, equipment, construction systems, standards, and workmanship as applied to the Work. The specifications are customarily organized in 16 divisions in accordance with the Uniform System for Construction Specifications endorsed by the Construction Specifications Institute. [Note: the term "Technical Provisions" formerly described what is now referred to as the Specifications. For uniformity with the usage of other professional societies the term "Project Manual" is used to describe the volume formerly referred to as "The Specifications." The Project Manual contains documents concerning bidding requirements which in general govern relationships prior to the execution of the Agreement (such as the Invitation to Bid, Instructions to Bidders and Notice of Award) and the other portions of the Contract Documents.]

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

Substantial Completion - The date as certified by ENGINEER when the construction of the Project or a specified part thereof is sufficiently completed, in accordance with the Contract Documents, so that the Project or specified part can be utilized for the purpose for which it was intended: or if there be no such certification, the date when final payment is due in accordance with paragraph 14.13.

Work - Any and all obligations, duties and responsibilities necessary to the successful completion of the Project assigned to or undertaken by CONTRACTOR under the Contract Documents, including all labor, materials, equipment and other incidentals, and the furnishing thereof.

ARTICLE 2 - PRELIMINARY MATTERS

Execution of Agreement:

2.1 At least three counterparts of the Agreement and such other Contract Documents as practicable will be executed and delivered by CONTRACTOR to OWNER within fifteen days of the Notice of Award: and OWNER will execute and deliver one counterpart to CONTRACTOR within ten days of receipt of the executed Agreement from CONTRACTOR. ENGINEER will identify those portions of the Contract Documents not so signed and such identification will be binding on all parties. OWNER, CONTRACTOR, and ENGINEER shall each receive an executed counterpart of the Contract Documents and additional conformed copies as required.

Delivery of Bonds:

2.2 When he delivers the executed Agreement to OWNER, CONTRACTOR shall also deliver to OWNER such Bonds as he may be required to furnish in accordance with paragraph 5.1.

Copies of Documents:

2.3 OWNER shall furnish to CONTRACTOR up to ten copies (unless otherwise provided in the Supplementary Conditions) of the Contract Documents as are reasonably necessary for the execution of the Work.

Additional copies will be furnished, upon request, at the cost of reproduction.

Contractor's Pre-Start Representations:

2.4 CONTRACTOR represents that he has familiarized himself with, and assumes full responsibility for having familiarized himself with, the nature and extent of the Contract Documents, Work, locality, and with all local conditions and federal, state, and local laws, ordinances, rules, and regulations that may in any manner affect performance of the Work, and represents that he has correlated his study and observations with the requirements of the Contract Documents. CONTRACTOR also represents that he has studied all surveys and investigation reports of subsurface and latent physical conditions referred to in the General Requirements (Division 1) of the Specifications and made such additional surveys and investigations as he deems necessary for the performance of the Work at the Contract Price in accordance with the requirements of the Contract Documents and that he has correlated the results of all such data with the requirements of the Contract Documents.

Commencement of Contract Time: Notice to Proceed:

2.5 The Contact Time will commence to run on the thirtieth day after the day on which the executed Agreement is delivered by OWNER to CONTRACTOR: or if Notice to Proceed is given, on the day indicated in the Notice to Proceed; but in no event shall the Contract Time commence to run later than the ninetieth day after the day of Bid opening or the thirtieth day after the day on which OWNER delivers the executed Agreement to CONTRACTOR. A Notice to Proceed may be given at any time within thirty days after the day on which OWNER delivers the executed Agreement to CONTRACTOR.

Starting the Project:

2.6 CONTRACTOR shall start to perform his obligations under the Contract Documents on the date when the Contract Time commences to run. No Work shall be done at the site prior to the date on which the Contract Time commences to run.

Before Starting Construction:

2.7 Before undertaking each part of the Work, CONTRACTOR shall carefully study and compare the Contract Documents and check and verify pertinent figures shown thereon and all applicable field measurements.

He shall at once report in writing to ENGINEER any conflict, error, or discrepancy which he may discover, however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Drawings or Specifications.

2.8 Within ten days after delivery of the executed Agreement by OWNER to CONTRACTOR, CONTRACTOR shall submit to ENGINEER for approval, an estimated progress schedule indicating the starting and completion dates of the various stages of the Work, and a preliminary schedule of Shop Drawing submissions.

2.9 Before starting the Work at the site, CONTRACTOR shall furnish OWNER and ENGINEER certificates of insurance as required by Article 5. Within twenty days after delivery of the executed Agreement by OWNER to CONTRACTOR, but before starting the Work at the site, a conference will be held to review the above schedules to establish procedures for handling Shop Drawings and other submissions and for processing Applications for Payment, and to establish a working understanding between the parties as to the Project. Present at the conference will be OWNER or his representative, ENGINEER, Resident Project Representatives, CONTRACTOR, and his Superintendent.

ARTICLE 3 - CORRELATION, INTERPRETATION, AND INTENT OF

CONTRACT DOCUMENTS

3.1 It is the intent of the Specifications and Drawings to describe a complete Project to be constructed in accordance with the Contract Documents. The Contract Documents comprise the entire Agreement between OWNER and CONTRACTOR. They may be altered only by a Modification.

3.2 The Contract Documents are complementary; what is called for by one is as binding as if called for by all.

The CONTRACTOR finds a conflict, error, or discrepancy in the Contract Documents, he shall call it to ENGINEER's attention in writing at once and before proceeding with the Work affected thereby; however, he shall not be liable to OWNER or ENGINEER for his failure to discover any conflict, error, or discrepancy in the Specifications or Drawings. In resolving such conflicts, errors, or discrepancies, the documents shall be given precedence in the following order: Agreement, Modifications, Addenda, Supplementary Conditions, Specifications and Drawings. Figure dimensions on Drawings shall govern over scale dimensions, and detailed Drawings shall govern over general Drawings. Any Work that may reasonably be inferred from the Specifications or Drawings as being required to produce the intended result shall be supplied whether or not it is specifically called for. Work, materials, or equipment described in words which so applied have a well-known technical or trade meaning shall be deemed to refer to such recognized standards.

ARTICLE 4 - AVAILABILITY OF LANDS; PHYSICAL CONDITIONS;

REFERENCE POINTS

Availability of Lands:

4.1 OWNER shall furnish, as indicated in the Contract Documents and not later than the date when needed by CONTRACTOR, the lands upon which the Work is to be done, rights-of-way thereto, and such other lands which are designated for the use of CONTRACTOR. Easements for permanent structures or permanent changes in existing facilities will be obtained and paid for by OWNER, unless otherwise specified in the Contract Documents. If CONTRACTOR believes that any delay in OWNER's furnishing these lands or easements entitles him to an extension of the Contract Time, he may make a claim therefore as provided in Article 12. CONTRACTOR shall provide for all additional lands and access thereto that may be required for temporary construction facilities or storage of materials and equipment.

Physical Conditions - Surveys and Reports:

4.2 Reference is made to the General Requirements (Division 1) of the Specifications for identification of those surveys and investigation reports of subsurface and latent physical conditions at the Project site or otherwise affecting performance of the Work which have been relied upon by ENGINEER in preparation of the Drawings and Specifications.

Unforeseen Physical Conditions:

4.3 CONTRACTOR shall promptly notify OWNER and ENGINEER in writing of any subsurface or latent physical conditions at the site differing materially from those indicated in the Contract Documents. ENGINEER will promptly investigate those conditions and advise OWNER in writing if further surveys or subsurface tests are necessary. Promptly thereafter, OWNER shall obtain the necessary additional surveys and tests and furnish copies to ENGINEER and CONTRACTOR.