City of Durango General Conditions.pdf

Page 1 of 48 Revised October 25, 2024

GENERAL CONDITIONS

Page 2 of 48 Revised October 25, 2024

TABLE OF CONTENTS

001 ABBREVIATIONS AND DEFINITIONS

002 BIDDING REQUIREMENTS AND CONDITIONS

003 AWARD AND EXECUTION OF CONTRACT

004 SCOPE OF WORK

005 CONTROL OF WORK

006 CONTROL OF MATERIALS

007 LEGAL RELATIONS AND RESPONSIBILITY TO PUBLIC

008 COMMENCEMENT, PROSECUTION AND PROGRESS

009 MEASUREMENT AND PAYMENT

Page 3 of 48 Revised October 25, 2024

001 ABBREVIATIONS AND DEFINITIONS

001.1 SCOPE: Many commonly used abbreviations appear in these specifications and the project drawings. These abbreviations normally require no explanation of definition beyond that contained in standard dictionaries and many technical handbooks.

Abbreviations of technical and construction terms used in these specifications and the project drawings are explained or defined in Section 001.2.

Technical and construction terms used in these specifications and the project drawings are defined in Section 001.3.

001.2 ABBREVIATIONS: Wherever the following abbreviations are used in these specifications, standard details or on the plans, they are to be construed the same as the respective expressions represented.

AASHTO American Association of State Highway & Transportation Officials ACI American Concrete Institute ACPA American Concrete Pipe Association AGC Associated General Contractors of America, Inc.

AIA American Institute of Architects AIEE American Institute of Electrical Engineers AISC American Institute of Steel Construction ANSI American National Standards Institute APA American Plywood Association APHA American Public Health Association APWA American Public Works Association ASCE American Society of Civil Engineers ASME American Society of Mechanical Engineers ASTM American Society for Testing Materials AWSC American Welding Society Code AWWA American Water Works Association CDOT Colorado Department of Transportation CDPHE Colorado Department of Public Health & Environment IEEE Institute of Electrical and Electronic Engineers NAD83 North American Datum of 1983 NBS National Bureau of Standards NCPI National Clay Pipe Institute NEC National Electrical Code NEMA National Electrical Manufacturer's Association NFPA National Fire Protection Association NIC Not in Contract SAE Society of Automotive Engineers USC&GS United States Coast and Geodetic Survey USGS United State Geological Survey

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001.3 DEFINITIONS: Technical and construction terms used in these specifications and the Project drawings shall have the meanings indicated, applicable to both the singular and plural thereof. The technical and construction terms that are not defined in this section shall have the meanings set forth in the most recent addition of GLOSSARY, WATER AND WASTEWATER CONTROL ENGINEERING, prepared by AWWA and WPCE;

ADDENDA Written or graphic instruments issued prior to the execution of the

Agreement which modify or interpret the Contract Documents, Drawings and Specifications, by additions, deletions, clarifications or corrections.

AGREEMENT OR CONTRACT

The formal or written agreement or contract executed by the authorized representatives of the Contracting Agency and the Contractor for the complete performance of the Project in accordance with the Contract Documents.

AWARD The formal action of the Contracting Agency in accepting a proposal.

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 qualified individual, firm partnership, corporation or combination thereof, acting directly or through a duly authorized agent submitting a bid for the work.

BONDS Bid, Performance and Labor or Material Payment Bonds and other instruments of security furnished by the contractor and their surety in accordance with the contract documents.

CHANGE ORDER

A written order to the contractor 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

All of the integral documents of the contract, including but not limited to, Advertisement for Bids, Information for Bidders, Plans, Drawings, Construction Standards and Standard Details, Special Provisions, Proposal/Bid, Bid Bond, Agreement, Labor and Material Payment Bond, Performance Bond, Notice of Award, Notice to Proceed, Certificates of Insurance, Change Order and Addenda or documents incorporated by reference therein.

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CONTRACT PRICE

The total monies payable to the Contractor under the terms and conditions of the Contract Documents.

CONTRACT TIME

The number of calendar or working days stated in the Contract

Documents for the completion of the work. Calendar days are the default measure unless working days are specified.

CONTRACTOR The individual firm, partnership, corporation or combination thereof with whom the Contracting Agency has executed the agreement.

CONTRACTING AGENCY (OWNER/CITY)

The legal entity that has contracted for the performance of the work or for whom the work is being performed.

DRAWINGS (PLANS)

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 or Project Manager.

DEFECTIVE WORK

Work which is unsatisfactory, faulty or deficient, or not in conformity with the Contract Documents. It shall also include work damaged prior to approval of the final payment unless responsibility for such damage shall have been expressly assumed by the City at Substantial Completion.

ENGINEER The person, firm or corporation named as such in the contract documents and licensed to perform such services in the State of Colorado.

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 Project Manager to the Contractor during construction.

NOTICE OF AWARD

The written notice of the acceptance of the bid from the contracting agency to the successful bidder.

NOTICE TO PROCEED

Written communication issued by the contracting agency to the contractor authorizing and directing them to proceed with the work and establishing the date of commencement of the work.

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OWNER/CITY (CONTRACTING AGENCY)

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.

PROJECT MANAGER

The authorized representative of the contracting agency who is assigned to oversee the project construction.

SHOP DRAWINGS

All drawings, diagrams, illustrations, brochures, schedules and 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.

SPECIAL PROVISIONS

The special conditions, requirements, additions and/or revisions to the construction standards, applicable to the work, to cover conditions or requirements peculiar to the project under consideration.

SPECIFICATIONS (CONSTRUCTION STANDARDS)

A part of the contract documents consisting of these General

Conditions, special conditions and written descriptions of a technical nature relating to materials, equipment, construction systems, standards and workmanship.

SUBCONTRACTOR

An individual firm or corporation having a direct contact with the 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 the Project Manager when the construction 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 purposes for which it is intended.

SUPPLIER An individual, firm or corporation having a direct contract with the contractor or with any subcontractor for the manufacture or furnishing of any part of the supplies and/or materials to be used at or incorporated in part of the work at the site.

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WINTER SHUTDOWN

If the Project Manager deems that critical path work cannot be performed for an extended period of time due to low temperatures or inclement weather the project may be put into a Winter Shutdown. Working days will not be assessed during the Winter Shutdown. Work will recommence once weather conditions improve and ground conditions are stable and suitable for construction activities as approved by the Project Manager.

Demobilization/remobilization for the shutdown will not be compensated separately unless specified otherwise in the contract documents.

WORK All labor necessary to produce the construction required by the contract documents, and all materials and equipment incorporated in the project.

WORKING DAY

Days in which work can be effectively prosecuted for at least four hours during the day. Saturdays, Sundays and holidays will be assessed as working days when the Contractor utilizes these days for prosecuting the work for four or more hours.

WRITTEN NOTICE

Any written notice from one party of the agreement to any other party of the agreement relative to any part of the contract documents, which notice shall be deemed to have been properly served and delivered when posted by the sending party by Certified or Registered Mail to the receiving party at the receiving party's last given address or when delivered in person to the receiving party or to their or its authorized representative.

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002 BIDDING REQUIREMENTS AND CONDITIONS

002.1 ELIGIBILITY AND PREFERENCE

The employment of contractors and subcontractors on this work shall be governed by these General Conditions and Specifications and any applicable provisions included in the Special Provisions. Governing law for all contracts shall be the State of Colorado.

002.2 CONTENTS OF PROPOSAL

The prospective bidder may examine and/or obtain plans, specifications, and proposal documents at the location specified in the advertisement, typically Bidnet (www.bidnetdirect/com/colorado).

The proposal document will state the location of the contemplated construction; give the description of the various quantities of work to be performed or materials to be furnished and have a Bid Schedule of pay items for which unit bid prices are invited. The proposal documents shall also state the form and amount of the proposal guarantee, the time in which the work shall be completed and may include additional instructions not included in these specifications.

The Plans, Construction Standards, Standard Details, Special Provisions, Invitation for

Bid, and all supplementary documents are essential parts of the contract documents and a requirement occurring in one is as binding as though occurring in all. They are intended to be complementary and to describe and provide for a complete work. In case of discrepancy or conflict, see section 5.2 Drawings and Specifications.

Each and every provision of law and clause required by law to be inserted in the Contract

Documents shall be deemed to be inserted herein, and the Contract Documents shall be read and enforced as though they were included herein.

002.3 INTERPRETATION OF QUANTITIES IN PROPOSAL

The quantities appearing in the proposal are approximate only and are to be used for the comparison of bids. Payment to the contractor will be made only for the actual quantities of work performed and accepted, or for materials furnished in accordance with the Contract Documents at the unit bid price in the Proposal.

Any or all items in the signed agreement may be increased or decreased by not more than

20% at the discretion of the Contracting Agency without invalidating the unit price in any way. Changes greater than 20% shall be considered an alteration to the work and shall be paid for in accordance with the provisions of Section 009.4.

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002.4 EXAMINATION OF PLANS, SPECIAL PROVISIONS AND SITE OF WORK

The Contracting Agency shall prepare plans and special provisions in accordance with acceptable engineering standards, giving such direction as will enable the contractor to carry them out.

The Bidder shall examine the site of the proposed work and all documents pertaining to the work. It is mutually agreed that the submission of a proposal shall constitute an acknowledgement that the Bidder has made such examination and is familiar with the character, quality and quantity of the work to be performed and material to be furnished.

Logs of test holes, ground water levels and accompanying soil reports furnished by the

Contracting Agency are furnished for their general information only. Field conditions so set forth shall not constitute a representation or warranty, expressed or implied, that such conditions are actually existent. Bidders shall make their own investigations and form their own estimates of the site conditions.

No complaint or claim that there was any misunderstanding as to the quantities, conditions or nature of the work will be entertained after submission of the proposal, except as set forth in Section 004.2.

002.5 PREPARATION OF PROPOSAL

The Bidder shall submit their proposal on the forms provided by the Contracting Agency.

The Bidder shall specify a unit bid price for each pay item where units and approximate quantities are given.

The Bidder shall specify a lump sum price for each pay item where a lump sum price is requested by the Contracting Agency.

The total proposal will be obtained by adding the amount bid on the individual pay items.

All information shall be in ink or typewritten. In case of a conflict between unit prices and total prices, unit prices shall govern.

The following shall also become a part of the Bidder's proposal:

(A) Acknowledge receipt of and agreement that the proposal is based on the list addenda received with and/or after the receipt of the proposal documents.

(B) Complete all portions of the proposal documents relating to escalation terms and limits if defined in the Special Provisions.

(C) Bid forms and schedules shall be signed by the responsible party for the bidder.

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002.6 SUBCONTRACTORS' LIST

A list of Subcontractors shall be attached to the proposal. The Bidder shall submit this list showing each specialty Subcontractor proposed to subcontract any portion of the work.

002.7 IRREGULAR PROPOSALS

Proposals shall be considered irregular and may be rejected for any one of the following reasons:

(A) If the proposal is on a form other than that furnished by the Contracting Agency; or if the form is altered or any part thereof is detached.

(B) If there are unauthorized additions, statements, conditional or alternate bids, or irregularities of any kind.

(C) If the Bidder adds any provisions reserving the right to accept or reject an award, or to enter into a Contract pursuant to an award.

(D) If the proposal does not contain a unit price for each pay item listed except in the case of authorized alternate pay items.

(E) If the Bidder fails to submit the List of Subcontractors.

(F) If more than one proposal for the same work is submitted by an individual, partnership or corporation under the same or different names.

(G) If there is evidence of collusion among Bidders or assistance from any officer of the Contracting Agency or of any department thereof.

002.8 BID BONDS

Each bid must be accompanied by an executed Bid Bond from your firm's Surety naming the Contracting Agency / Owner in the amount of five percent (5%) of the total amount of the submitted Bid. Bid Bonds will only be accepted, and No U.S. Cash or Cashier Checks will be accepted in lieu of a fully executed surety-issued bid bond.

002.9 SUBMISSION OF PROPOSAL

All bids are to be submitted via Bidnet (www.bidnetdirect/com/colorado) with the provided forms fully completed, with all required attachments and the Bid Bond.

It is the sole responsibility of the respondent to see that the bid is received before the submission deadline. Late bids will not be considered.

All bids submitted shall be binding upon the respondent if accepted by the City within sixty (60) calendar days of the submission date. Negligence upon the part of the respondent in preparing the bid confers no right of withdrawal after the time fixed for the submission of bid. See Invitation for Bids for more information.

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002.10 If Contractor has reasonable cause such that it should, in the exercise of ordinary care of someone in its position, know that any errors, omissions, discrepancies or inconsistencies (hereinafter "defects") appear in the Contract Documents, including, but not limited to, the Plans, Specifications and other documents or the Work, Contractor shall, notify the City Project Manager in writing of such defects.

Contractor shall remedy any such defects whether or not disclosed to the City Project Manager without any increase in the cost of the Work. The Contract Documents shall be appended to all contracts between the Contractor and any Subcontractor or any more remote tier Subcontractor, and such Subcontractors and remote tier Subcontractors shall, likewise, notify the Contractor in writing of any defects therein, and it shall be the obligation of the Contractor to remedy same as if Contractor had discovered such defects itself. The Contractor will not be permitted to take advantage of any such defect.

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003 AWARD AND EXECUTION OF CONTRACT

003.1 CONSIDERATION OF PROPOSALS

After opening, the respective totals shall be checked and compared by the Contracting

Agency. The accuracy of the total proposal shall be checked by verifying the extensions and additions. The Unit Bid Price shall govern in all cases. The results of such comparison shall be considered public information. The right is reserved to award the Contract to the lowest responsible Bidder, or to reject all proposals and re-advertise for any reason the Contracting Agency determines.

003.2 RETURN OF BID BONDS

Bid Bonds submitted by the three lowest responsible Bidders shall be retained by the

Contracting Agency until the Contract has been executed by all parties. Retained Bid Bonds shall be returned to Bidders upon execution of the Agreement.

All other Bid Bonds shall be returned to Bidders immediately following the Bid opening and the checking of proposals submitted has been completed.

003.3 AWARD OF CONTRACT

The Contracting Agency shall award the Contract, or all proposals will be rejected within

60 days after bid opening. The Contracting Agency's award of Contract shall be considered an acknowledgement that funding appropriations exist.

No proposal shall be withdrawn for a period of 60 days after opening without consent of the Contracting Agency.

The successful Bidder shall execute and deliver the prescribed Agreement to the

Contracting Agency within 15 days after receipt of notice of award, provided that acceptance of the proposal is delivered to the Bidder within the time limit prescribed and prior to withdrawal of the proposal. Required Bonds shall be delivered with the executed Contract. Otherwise, the Bidder's Bid Bond shall be forfeited.

003.4 REVOCATION OF AWARD

The Contracting Agency reserves the right to revoke the Award at any time prior to execution of the Contract without liability to the Contracting Agency.

003.5 CONTRACT SECURITY

The Contractor shall furnish the Contracting Agency a Performance Bond and a Labor and Material Payment Bond, each in penal sums equal to the amount of the Contract.

Bonds shall be furnished with the executed Contract. The expense of the Bonds shall be borne by the Contractor.

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Bonds shall be executed by the Contractor and a Corporate Bonding Company licensed to transact such business in the State of Colorado and named on the current "Surety Companies Acceptable on Federal Bonds" as published in the U.S. Treasury Department Circular #570. Bonds acceptable to the Contracting Agency shall be substituted in the event the original surety loses its right to transact business in the State of Colorado, is declared bankrupt, or is removed from U.S. Treasury Department Circular #570.

Substitute Bonds shall be furnished within 10 days after notice from the Contracting Agency. Substitute Bonds shall conform to all requirements and sums established for the original Bonds. All premiums for the substitute Bonds shall be borne by the Contractor.

All payments due the Contractor may be deferred until the substitute bonds have been delivered to the Contracting Agency.

003.6 CONTRACTOR'S INSURANCE – insurance requirements are detailed in the Bid

Documents for this solicitation. The limits below are general requirements only.

A. The Successful Contractor shall not commence work under this Agreement until it has obtained all insurance required by the contract documents and such insurance has been approved by the City. The Contractor shall not allow any subcontractor to commence work on this project until all similar insurance required of the subcontractor has been obtained and approved. For the duration of this Agreement, the Contractor must maintain the insurance coverage required in this section.

B. The Successful Contractor shall procure and maintain, at its own cost, the following policy or policies of insurance. The Contractor shall not be relieved of any liability, claims, demands, or other obligations assumed pursuant to the contract documents by reason of its failure to procure or maintain insurance or by reason of its failure to procure or maintain insurance in sufficient amounts, durations, or types.

C. Successful Contractor shall procure and maintain and shall cause each Subcontractor of the Contractor to procure and maintain (or shall insure the activity of Contractor’s Subcontractors in Contractor’s own policy with respect to), the minimum insurance coverages listed below. Such coverages shall be procured and maintained with forms and insurers acceptable to the City. All coverages shall be continuously maintained from the date of commencement of the Work. In the case of any claims-made policy, the necessary retroactive dates and extended reporting periods shall be procured to maintain such continuous coverage.

1. Worker’s Compensation insurance to cover obligations imposed by the Workers’ Compensation Act of Colorado and any other applicable laws for any employee engaged in the performance of Work under this contract, and Employers’ Liability insurance with minimum limits of One Million Dollars ($1,000,000) each accident, One Million Dollars ($1,000,000) – policy limit, and One Million Dollars ($1,000,000) disease – each employee.

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2. Comprehensive General Liability insurance with minimum single limits of One Million Dollars ($1,000,000) each occurrence and Two Million Dollars ($2,000,000) aggregate. The policy shall be applicable to all premises and operations. The policy shall include coverage for bodily injury, broad form property damage (including completed operations), personal injury (including coverage for contractual and employee acts), blanket contractual, independent contractors, products, and completed operations. The policy shall include coverage for explosion, collapse, and underground hazards. The policy shall contain a severability of interests provision.

3. Comprehensive Automobile Liability insurance with minimum combined single limits for bodily injury and property damage of not less than Five Hundred Thousand Dollars ($500,000) each occurrence and One Million Dollars ($1,000,000) aggregate with respect to each of Contractor’s owned, hired and/or non-owned vehicles assigned to or used in performance of the services. The policy shall contain a severability of interests provision.

D. The policies required above, except for the Workers’ Compensation insurance and Employer’s Liability insurance, shall be endorsed to include the City, and its officers and employees, as additional insured. Every policy required above shall be primary insurance, and any insurance carried by the City, its officers or its employees, shall be excess and not contributory insurance to that provided by Contractor. The additional insured endorsement for the Comprehensive General Liability insurance required above shall not contain any exclusion for bodily injury or property damage arising from completed operations. The Contractor shall be solely responsible for any deductible losses under each of the policies required above.

E. Certificates of insurance shall be completed by the Contractor’s insurance agent as evidence that policies providing the required coverages, conditions, and minimum limits are in full force and effect, and copies of such certificates shall be forwarded to the City prior to start of Work. Each certificate shall identify the Project and shall provide that the coverages afforded under the policies shall not be cancelled, terminated or materially changed until at least 30 days prior written notice has been given to the City. If the words “endeavor to” appear in the portion of the certificate addressing cancellation, those words shall be stricken from the certificate by the agent(s) completing the certificate. The City reserves the right to request and receive a certified copy of any policy and any endorsement thereto.

F. Failure on the part of the Contractor to procure or maintain policies providing the required coverages, conditions, and minimum limits shall constitute a material breach of contract upon which the City may immediately terminate the contract, or at its discretion may procure or renew any such policy or any extended reporting period thereto and may pay any and all premiums in connection therewith, and all monies so paid by the City shall be repaid by the Contractor to the City upon demand, or the

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City may offset the cost of the premiums against any monies due to Contractor from the Owner.

003.7 EXECUTION AND APPROVAL OF CONTRACT

The Contractor shall execute and deliver the Agreement to the Contracting Agency within 15 calendar days following receipt of the Notice of Award from the Contracting Agency.

The Contracting Agency shall approve and execute the Agreement within fifteen (15) calendar days following receipt of signed Agreement and acceptable Bonds and Certificates of Insurance.

No Contract shall be considered in effect until the Agreement has been fully executed by all parties concerned.

003.8 FORFEITURE OF PROPOSAL GUARANTEES

Failure of the Contractor to execute the Agreement, within the time stated, shall be just cause for revocation of the Award and the forfeiture of the proposal guarantee which shall become property of the Contracting Agency, not as a penalty, but as liquidation of damages sustained.

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004 SCOPE OF WORK

004.1 WORK TO BE DONE

The Contractor shall perform all work as may be necessary to complete the Contract in a satisfactory and acceptable manner in full compliance with the plans, specifications and terms of the Contract. All work shall be per the City of Durango Development Standards for Public Improvements and Construction Specifications (DSCS) and these General Conditions unless otherwise noted in the project specific plans or specifications.

The Contractor shall furnish any and all labor, materials, equipment, transportation, freight or shipping, utilities, services and facilities required to perform all work for the construction of the project within the time specified.

004.2 ALTERATION OF WORK

The Contracting Agency may order changes within the scope of the work without invalidating the Contract. Such changes may be made without notice to the Surety and the Surety shall not be released therefrom. An increase or decrease in the unit cost or completion time requiring an equitable adjustment and a Change Order shall be authorized by the Project Manager.

Payment for work occasioned by these changes shall be made in accordance with provisions of Section 009. Completion time adjustment required by these changes shall be made in accordance with the provisions of Section 008.

004.2.1 SUBSURFACE CONDITIONS

004.2.1.1 The Contractor shall promptly notify the Project Manager in writing of any subsurface or latent physical condition at the site that differs materially from that indicated in the Contract Documents. Notification shall precede disturbing such conditions.

004.2.1.2 The Contractor shall promptly notify the Contracting Agency in writing of any unusual physical conditions at the site which differ materially from those ordinarily encountered and generally recognized as inherent in work of the character provided for in the Contract Documents. Notification shall precede disturbing such Conditions.

004.2.1.3 The Contracting Agency shall promptly investigate the conditions. An equitable adjustment shall be made, and the Contract Documents modified by a Change Order should the investigation reveal that the conditions do differ materially and cause an increase or decrease in the cost or time required for performance of the work.

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004.2.1.4 Adjustment in compensation because of a change or changes resulting from one or more of the conditions described shall be made in accordance with the provisions of Section 009. Adjustment in Contract time because of such change or changes shall be made in accordance with the provisions of Section 008.

004.3 EXTRA WORK

The Contractor shall perform unforeseen work, for which there is no unit price included in the Contract, whenever it is deemed necessary or desirable in order to fully complete the work as contemplated. Such work shall be governed by all applicable provisions of the Contract documents and payment shall be made in accordance with the provisions of Section 009.4.

The Contractor may claim that instructions received involve extra work under the

Contract. If so, Contractor shall give the Contracting Agency written notice thereof within 48 hours after receipt of such instructions. In any event, written notice shall precede execution of the work, except in emergencies endangering life or property. No claim shall be valid unless such written notice is given.

004.4 CHANGES AT CONTRACTOR'S REQUEST

The Contractor may request changes in the plans or specifications which do not materially affect the work or the interests of the Contracting Agency. Requests shall be in writing and submitted to the Contracting Agency for approval. Such requests may be granted to facilitate the work. The Contracting Agency reserves the right to receive an equitable adjustment in the contract price or contract time for authorizing change.

004.5 MAINTENANCE OF TRAFFIC

Public rights-of-way shall be maintained to the greatest extent possible for pedestrian and vehicular traffic and emergency services. Street closures with detour signage must be approved by the Project Manager. All construction traffic control devices shall be erected and maintained in accordance with the Manual on Uniform Traffic Control Devices, latest edition.

The Contractor shall insure the portion of the project being used by the public is maintained in such condition that vehicular and pedestrian traffic shall be adequately accommodated. Contractor shall also provide and maintain safe temporary approaches, crossing and intersection with Agencies and facilities that provide emergency services to the public.

The Contractor shall not interfere with traffic on streets adjacent to off-street projects.

No parking, loading or maneuvering of construction vehicles or delivery vehicles shall occur on adjacent streets. Traffic upon street projects shall be maintained in accordance

Page 18 of 48 Revised October 25, 2024 with Section 7.9 and the project bidding documents. Detours to by-pass traffic shall be used only after approval by the Contracting Agency.

004.6 CLEAN UP AND DUST CONTROL

Throughout all phases of construction, and until final acceptance of the project, the

Contractor shall keep the work area clean and free from rubbish, excess materials and debris. Removed and excess materials belong to the Contractor, unless specified otherwise in the project specific plans or specifications. Such materials are to be legally disposed of and no additional compensation or time will be allowed for disposal of these materials.

Failure of the Contractor to comply with the Project Manager’s cleanup orders may result in an order to suspend work until the condition is corrected. No additional compensation or time will be allowed as a result of such suspension.

The Contractor shall take whatever steps, procedures or means required to minimize or prevent excessive or abnormal dust conditions due to construction operations. If utilizing water, application must be conducted in a manner to prevent offsite discharges. The dust control measures shall be maintained at all times, to the satisfaction of the Project Manager. See Section 007.15 Stormwater Management, Pollution and Erosion Control for additional cleaning and dust control requirements.

004.7 FINAL CLEANING UP

All private or public property and grounds occupied by the Contractor in connection with the work shall be cleaned of all rubbish, excess and waste materials, temporary structures and equipment, and all parts of the work area shall be left in a condition acceptable to the Contracting Agency.

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005 CONTROL OF WORK

The Contractor will be held strictly to the intent of the Contract Documents in regard to the quality of materials, workmanship and execution of the work. The Contractor shall have in their possession and on site at all times a complete copy of the Contract Documents.

005.1 AUTHORITY AND RESPONSIBILITY OF THE PROJECT MANAGER

The Contracting Agency shall appoint a Project Manager as its representative during the construction period, who shall decide questions which may arise as to quality and acceptability of materials furnished and work performed. The Engineer may be designated as the Project Manager. The Project Manager shall interpret the intent of the Contract Documents in a fair and unbiased manner. The Project Manager, or authorized representative, shall make visits to the site and determine if the work is proceeding in accordance with the Contract Documents.

The Project Manager shall promptly review and respond to all submittals and requests, including material submittals, pay applications, change order requests and requests for information. The Contractor shall allow a minimum of 14 days for the Project Manager to respond to any such submittal or request; some responses may require longer.

The Project Manager shall not be responsible for the construction means, controls, techniques, sequences, procedures or construction safety and shall not direct the Contractor's operations in any manner.

The Contractor shall be furnished additional instructions and detail drawings, by the Project Manager, as necessary to carry out the work required by the Contract Documents.

The additional drawings and instructions thus supplied shall become a part of the Contract Documents. The Contractor shall carry out the work in accordance with the additional detail drawings and instructions.

The Project Manager may suspend the work, wholly or in part, for any of the following reasons:

(A) For such period of time deemed necessary due to unsuitable weather conditions.

(B) Contractor's failure to perform according to the provisions of the Contract.

(C) Contractor's failure to provide safe working conditions.

(D) For reasons deemed to be in the public interest.

005.2 DRAWINGS AND SPECIFICATIONS

Drawings will show details of all structures, utilities, lines, elevations, grades, typical cross sections and location and design of all work to the Subsurface Utility Engineering (SUE) design level indicated in the plans.

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The intent of the specifications and drawings is that the Contractor shall furnish all labor, materials, tools, equipment and transportation 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 Contracting Agency.

In case of discrepancy or conflict, Plans shall govern over both Standard Details and Construction Standards. Special Provisions will govern over General Conditions, standard specifications, standard details and plans. Figure dimensions on drawings shall govern over scale dimensions, and detailed drawings shall govern over general drawings.

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 Project Manager. The Project Manager shall promptly correct such inconsistencies or ambiguities in writing. Any work performed by the Contractor after their discovery of such discrepancies, inconsistencies or ambiguities shall be done at the Contractor's risk, until or unless authorized by the Project Manager.

005.3 SUBMITTALS AND SHOP DRAWINGS

The Contractor shall provide submittals and/or shop drawings as may be necessary for the prosecution of the work as required by the Contract Documents. Generally, construction material submittals for all permanent materials imported to the construction site such as gravel gradation, concrete and asphalt mix designs, pipe and fitting cut sheets shall be provided to the Project Manager upon Notice of Award to enable review and acceptance prior to Notice to Proceed and purchase of materials.

Other standard required submittals include a project schedule, temporary traffic control plans, and an erosion control plan or SWMP per project requirements; there may be additional requirements per project bidding documents.

The Project Manager shall promptly review all submittals and shop drawings. The Project Manager’s approval of any submittal or shop drawing shall not release the Contractor from responsibility for deviations from the Contract Documents. The approval of any submittal or shop drawing which substantially deviates from the requirements of the Contract Documents shall be evidenced by a Change Order.

When submitted for the Project Manager’s review, submittals and shop drawings shall bear the Contractor's certification that they have reviewed, checked, and approved the submittal or shop drawing, and that they are in conformance with the requirements of the Contract Documents.

Portions of the work requiring a shop drawing or sample submission shall not begin until the shop drawing or submission has been approved by the Project Manager. A copy of each approved shop drawing and each approved sample shall be kept in good order by the Contractor at the site and shall be available to the Project Manager.

The cost of furnishing all submittals and shop drawings shall be considered as included in the amount bid for associated pay item(s).

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005.4 CONFORMITY WITH DRAWINGS AND SPECIFICATIONS

All work performed and all materials furnished shall comply with the lines, elevations, grades, cross sections, dimensions and material requirements, including tolerances, shown on the plans or indicated in the specifications.

Materials or finished products incorporated in the work that do not conform to the plans and specifications may be accepted and remain in place. However, the Project Manager shall determine if reasonably acceptable work has been produced or that the finished product substantially complies with the Contract Documents. Acceptance shall be documented by a Change Order providing for an appropriate adjustment in the Contract price.

005.5 COOPERATION OF CONTRACTOR

The Contractor shall keep one set of Contract Documents available at the work site at all times work is being prosecuted. The Contractor shall have their agent on the work site at all times work is being prosecuted; the agent shall be a competent superintendent capable of reading and understanding the plans and specifications. The superintendent shall have full authority to stop or delay work as directed by the Project Manager for testing or inspection or for any reason as specified in Section 005.1.

The Contractor shall respond within 14 days to all City requests for additional information related to submittals, pricing, pay applications and other similar requests for documentation.

Emergencies may arise during the progress of the work which may require special effort or require extra crew shifts to continue the work beyond normal working hours. The Contractor shall be prepared to do all such work promptly in case of such emergencies arising. If such emergencies arise out of or as a result of any improper or negligent act or omission on the part of the Contractor, the Contractor shall not be paid for this work.

If such emergencies arise out of or as a result of any improper or negligent act or omission of the Contracting Agency, the Contractor shall be paid for all of their work costs actually incurred in excess of normal working hours and normal equipment use in accordance with Section 009.4.

005.6 COOPERATION WITH UTILITIES

The Contracting Agency will notify all municipal agencies, utility companies, all pipeline owners, or other affected parties, and have all necessary adjustments made of the public or private utility fixtures, pipelines, and other appurtenances within or adjacent to the limits of construction as soon as practical.

Water lines, gas lines, wire lines, service connections, water and gas meter boxes, water and gas valve boxes, light standards, cable ways, signals and all other utility appurtenances within the limits of the proposed construction which are to be relocated or adjusted are to be moved by their owners at their expense, except as otherwise provided for in the Special Provisions or as noted on the plans. Existing services found to be in a

Page 22 of 48 Revised October 25, 2024 location different than shown on the plans which require additional cost on the part of the Contractor, shall require issuance of a Change Order in accordance with the proposal Section 009.4.

It is understood and agreed that the Contractor has considered in their proposal all of the permanent and temporary utilities and appurtenances in their present or relocated positions as shown on the plans and that no additional compensation will be allowed for any delays, inconvenience or damage sustained by them due to any interference from the said utility, appurtenance or the operation of moving them. If delays are encountered because utility owners fail in their responsibility to relocate or adjust their facilities, the contract time will be adjusted in accordance with Section 008.

005.7 SEPARATE CONTRACTS

The Contracting Agency reserves the right to let other contracts in connection with this project. The Contractor shall afford other Contractors reasonable opportunity for the introduction and storage of their materials and the execution of their work. If the proper execution or results of any part of the Contractor's work depends upon the work of any other Contractor, the Contractor shall inspect and promptly report to the Project Manager any defects in such work that render it unsuitable for such proper execution and results.

The Contracting Agency may perform additional work related to the project itself. The Contractor will afford the Contracting Agency reasonable opportunity for the introduction and storage of materials and equipment and the execution of work and shall properly coordinate their work with theirs.

The Contracting Agency will not honor any claim for extra compensation due to delays, extra work or extensions of time caused by any other contractors working within the limits of the same project.

Performance of additional work by other Contractors or the Contracting Agency that was not noted in the Contract Documents prior to the execution of the Contract shall be subject to written notice to the Contractor prior to starting any such additional work.

The Contractor shall give all utility companies, all pipeline owners and other parties affected the maximum notice possible when their underground or overhead services interfere with their work. The Contractor shall resolve all problems with the utility owners concerned.

005.8 SURVEYS

The contractor shall develop and make all detail surveys needed for construction, such as slope stakes, batter boards, stakes for pile locations and other working points, lines, elevations and cut sheets.

The Contractor shall carefully preserve benchmarks, reference points and stakes and in case of willful or careless destruction, shall be charged with the replacement expense.

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See Section 8.4 Schedules, Reports and Records for as-constructed plan survey requirements.

005.9 INSPECTION OF WORK

Inspection of the work by the Project Manager or their authorized representative shall not be considered as direct control of the work. The direct control of the work shall be the sole responsibility of the Contractor's supervisor.

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 Contractor shall provide all required Quality Control testing and inspection services to include backfill, waterlines, subgrade, base course, concrete, asphalt, and other items as specified in the Contract Documents. Concrete testing to include strength testing cylinders. All test results are to be provided to the Project Manager. Testing provided by the Contractor shall be performed by an appropriately certified tester under the supervision of a Professional Engineer and within a certified testing laboratory.

Contractor shall notify Project Manager 24-hours in advance of compaction tests.

Contractor coordination with the quality tester(s), Project Manager and Inspectors will not be paid for separately but will be incidental to the work.

Any law, ordinance, rule, regulation or order of a public authority having jurisdiction may require inspections or tests by someone other than the Contractor. If so, the Contractor will give the Project Manager timely notice of readiness for such inspections or tests. The Contractor will furnish the Project Manager copies of certificates of inspection, testing or approval resulting from such inspections or tests.

Inspections, tests or approvals by the Project Manager shall not relieve the Contractor from their obligations to perform the work in accordance with the requirements of the Contract Documents.

The Project Manager and their representatives will at all times have access to the work.

Authorized representatives or agents of a participating local, federal or state agency shall be permitted to inspect the work. The Contractor will provide access to the work for inspection or testing thereof.

The Project Manager may order that portions of the work be uncovered, exposed or made available for observation, inspection or testing. The Contractor shall provide all necessary labor, materials, tools and equipment to comply with the Project Manager’s order. If such portion of the work is determined to be defective, the Contractor shall bear all costs involved, including the cost of reconstruction. If such portion of the work is determined to be in substantial compliance with the Contract Documents, the Contractor shall be compensated in accordance with Section 009.4. The Contract time shall be extended in accordance with Section 008.7.

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005.10 DUTIES OF INSPECTOR

Inspectors employed by the Contracting Agency will be authorized to inspect all work done and materials furnished. Such inspection may extend to all or any part of the work and the preparation, fabrication or manufacture of the materials to be used.

The inspector will not be authorized to alter or waive the provisions of the Contract. The inspector will not be authorized to issue instructions contrary to the plans and specifications or to act as foreman for the Contractor.

The inspector will have authority to suspend acceptance of work or materials until any disagreement between the Contractor and the inspector can be referred to and decided upon by the Project Manager.

005.11 REMOVAL OF UNACCEPTABLE AND UNAUTHORIZED WORK

The Contractor shall remove from the premises all work rejected by the Project Manager for failure to comply with the Contract Documents, whether incorporated in the construction or not. The Contractor shall promptly replace or re-execute the work in accordance with the Contract Documents and without expense to the Contracting Agency. The Contractor shall also bear the expense of making good all work of other contractors destroyed or damaged by such removal or replacement.

All removal and replacement work shall be done at the Contractor's expense within the Contract period.

Work done contrary to the instructions of the Project Manager, work done beyond the lines shown on the plans, or any extra work done without authority, will be considered as unauthorized work to be removed and to deduct the costs for any monies due or to become due the Contractor.

005.12 MAINTENANCE OF PUBLIC ROADWAYS DURING CONSTRUCTION

The Contractor shall maintain the work area during construction and until the project is accepted. This maintenance shall require continuous and effective work prosecuted day by day, with adequate equipment and forces so that the roadway or structures are kept in satisfactory condition at all times.

The Contractor shall maintain the previous course or subgrade during all construction operations.