DAF Building Roof Replacement Project Bidding Document_082024.pdf

Request for Bids

DAF Building Roof Replacement Project

Madison, Wisconsin

August, 2024

TABLE OF CONTENTS

SECTION PAGE

ADVERTISEMENT………..………………………………………………………………………. A-1

BID FORM………………………………………………………….……………………………..… B-1

CONTRACT………………………………………………………...……………………………..… C-1

GENERAL CONDITIONS…………………………………………………………………. GC1-21

REQUEST FOR BID……………………………………..………...…………………………….... 1-9

RECORD DRAWINGS

A-1

ADVERTISEMENT FOR BIDS

MADISON METROPOLITAN SEWERAGE DISTRICT

DAF BUILDING ROOF REPLACEMENT PROJECT

The Madison Metropolitan Sewerage District (MMSD or the District) will receive sealed bids for the DAF Building Roof Replacement Project. Bids will be received at the office of the District, 1610 Moorland Road, Madison, Wisconsin 53713 until 1:00 p.m. local time on Thursday, August 29, 2024, at which time and place all bids will be publicly opened and read aloud.

The DAF Building Roof Replacement Project includes the removal and replacement of a ballasted EPDM single ply membrane roof system and all ancillary components. The roof area is approximately 1,070

sq. ft. with a perimeter of 140 ft. The project is located at the Nine Springs Wastewater Treatment Plant, 1610 Moorland Road, Madison, Wisconsin.

A pre-bid conference is not required. Bidders are encouraged to schedule a time to review the site prior to bidding.

Complete digital project bidding documents are available on the Districts website at https://www.madsewer.org/contracting-center/opportunity-category/non-engineering/ and selecting “DAF Building Roof Replacement Project”. All questions regarding the project shall be directed to Brady Lessner, Madison Metropolitan Sewerage District. Phone: (608) 222-1201x281, email:

bradyl@madsewer.org. Responses to any questions received will be answered in a formal addendum.

Bids shall be addressed to the Madison Metropolitan Sewerage District; Brady Lessner, Maintenance Project Specialist; 1610 Moorland Road; Madison, Wisconsin 53713; and shall be marked “Sealed Bid, DAF Building Roof Replacement Project.”

This project is exempt from State of Wisconsin sales and use taxes in accordance with Wisconsin Administrative Rule Tax 11.11 pursuant to Section 77.54(26) of the Wisconsin Statutes. Contract letting is subject to the provisions of Section 66.0901, Wisconsin Statutes.

The District reserves the right to reject any or all bids or to waive any technicality and accept any bid that may, in its opinion, be advantageous to the District.

In connection with the performance of work under this contract, the contractor agrees not to discriminate against any employee or applicant for employment because of age, race, religion, color, handicap, sex, physical condition, developmental disability, or national origin. This provision shall include, but not be limited to, the following: employment, upgrading, demotion, or transfer;

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

Published by authority of the Commissioners of the Madison Metropolitan Sewerage District.

https://www.madsewer.org/contracting-center/opportunity-category/non-engineering/ mailto:bradyl@madsewer.org

A-2

By_____________________________________ Bradley Murphy, Secretary

Madison, Wisconsin

August 2024

B-1

BID FOR

DAF BUILDING ROOF REPLACEMENT PROJECT

NOTE: Use Black Ink Or Typewriter For Completing This Bid Form

PROJECT: DAF Building Roof Replacement Project

THIS BID IS SUBMITTED TO: Madison Metropolitan Sewerage District

1610 Moorland Road Madison, Wisconsin 53713

1. The undersigned Bidder proposes and agrees, if this Bid is accepted, to enter into an agreement with Owner in the form included in the Contract Documents to perform and furnish all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract Time indicated in this Bid and in accordance with the other terms and conditions of the Contract Documents.

2. Bidder accepts all of the terms and conditions of the Advertisement for Bids and the

Request for Proposals. This Bid will remain subject to acceptance for the period of time specified in the Advertisement for Bids after the day of Bid opening. Bidder will sign and submit the Agreement with other documents required by the Bidding Requirements within 10 days after the date of Owner's Notice of Award.

3. In submitting this Bid, Bidder represents, as more fully set forth in the Agreement, that:

(a) Bidder has examined copies of all the Bidding Documents and of the following Addenda, receipt of all which is hereby acknowledged:

Addenda Number Date

(b) Bidder has familiarized themself with the nature and extent of the Contract Documents, Work, site, locality, and all local conditions and Laws and Regulations that in any manner may affect cost, progress, performance or furnishing of the Work.

(c) Bidder has given Engineer written notice of all conflicts, errors or discrepancies that it has discovered in the Contract Documents and the written resolution thereof by Engineer is acceptable to Bidder.

B-2

4. Bidder will complete the Work for the following prices:

Item and Description

1. To Remove and replace ballasted EPDM single ply membrane roof system and all other associated work for:

TOTAL $ _____________________________________________

(Contractor’s Seal) Signature: ____________________________________________

Printed Name of Signer: _________________________________

Title: ________________________________________________

5. Bidder agrees that the Work will be substantially completed as specified in Request for Bid.

6. Communications concerning this Bid shall be addressed to:

Name: ____________________________________________

Company Name: ___________________________________________

Address: ___________________________________________

Email ____________________________________________

Telephone No.: ___________________________________________

SUBMITTED ON ___________________________________, 20______

C-1

CONTRACT FOR

MADISON METROPOLITAN SEWERAGE DISTRICT

DAF BUILDING ROOF REPLACEMENT PROJECT

THIS CONTRACT, made this __________ day of _____________________________, 20______ between _____________________________________________________________________ hereinafter called the CONTRACTOR, and the Madison Metropolitan Sewerage District, hereinafter called the OWNER or the District.

WITNESSETH: That the Contractor and the Owner for the consideration stated herein agree as follows:

ARTICLE I, SCOPE OF WORK:

The contractor shall provide and furnish all labor, materials, equipment, tools, power, utilities, transportation, and all other items and services necessary to perform and complete in a workman like manner the DAF Building Roof Replacement Project, for the Madison Metropolitan Sewerage District, all in accordance with the Contract Documents herein mentioned, including any and all Addenda prepared by the Madison Metropolitan Sewerage District, which Contract Documents are made a part of this Contract; and the contractor shall do all other things required of the Contractor by said Contract Documents.

ARTICLE II, CONTRACT PRICE:

The Owner shall pay to the contractor for the performance of this Contract in U.S. dollars, the amount of ____________________________________________________________Dollars and _________________________________Cents, (______________________________), the said amount being computed from the Contractor’s prices stated in the Proposal. Payments are to be made to the Contractor in accordance with and subject to the provisions embodied in the Contract Documents.

ARTICLE III, CONTRACT DOCUMENTS:

This Contract consists of the following Contract Documents, all of which are as fully a part of this Contract as if herein set out verbatim, or if not attached, as if hereto attached.

1. Addenda No.___ to ___ inclusive

2. Advertisement

3. MMSD General Conditions

3. Request for Bid

4. Contractor’s Bid

5. This Instrument

C-2

In the event that any provision in any of the above component parts of this Contract conflicts with any provision in any other of the component parts, the provision in the component part first enumerated above shall govern over any other component part which follows it numerically, except as may be otherwise specifically stated.

IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed this day and year first above written.

(Contractor’s Seal) ____________________________________ (Contractor)

Attest _______________________________ By _________________________________

Title ________________________________ Title _______________________________

(Owner’s Seal) Madison Metropolitan Sewerage District (Owner)

Attest ______________________________ By _________________________________

Title _______________________________ Title _______________________________

INDEX TO GENERAL CONDITIONS

SECTION PAGE

PART 1: DEFINITIONS ................................................................................................................ GC-1

PART 2: INSURANCE, BONDS, AND LEGAL MATTERS ...................................................... GC-3

201. Contractor's Insurance. ................................................................................................. GC-3

202. Owner's Insurance ....................................................................................................... .GC-5

203. Performance and Payment Bonds ................................................................................ GC-5

204. Compliance with Laws ................................................................................................ GC-5

205. Royalties and Patents ................................................................................................... GC-5

206. Indemnification ............................................................................................................ GC-5

PART 3: SCOPE OF THE WORK ................................................................................................ GC-6

301. Intent of the Contract Documents ................................................................................ GC-6

302. Safety, Health, and Sanitation ...................................................................................... GC-6

303. Protection of the Work ................................................................................................. GC-7

304. Permits, Licenses, and Notifications ............................................................................ GC-7

305. Use of the Job Site ....................................................................................................... GC-7

306. Other Contracts ............................................................................................................ GC-7

307. Cutting and Patching .................................................................................................... GC-8

308. Cleaning Up ................................................................................................................. GC-8

309. Changes in the Work ................................................................................................... GC-8

310. Contractor's Guarantee ............................................................................................... GC-12

311. Partial Owner Occupancy .......................................................................................... GC-12

PART 4: CONTROL OF THE WORK ........................................................................................ GC-13

401. Notice to Proceed ....................................................................................................... GC-13

402. Pre-Construction Submittals ...................................................................................... GC-13

403. Superintendence ......................................................................................................... GC-13

404. Engineer's Status ........................................................................................................ GC-13

405. Plans, Drawings, and Specifications .......................................................................... GC-14

406. Shop Drawings ........................................................................................................... GC-15

407. Materials and Workmanship ...................................................................................... GC-15

408. "Or Equal" Clause ...................................................................................................... GC-16

409. Owner's Right to Do Work ........................................................................................ GC-16

PART 5: PROSECUTION, PROGRESS, AND PAYMENT ...................................................... GC-17

501. Partial Payments ........................................................................................................ GC-17

502. Final Inspection, Final Acceptance of the Work, and Final Payment ........................ GC-17

503. Owner's Right to Withhold Certain Amounts ............................................................ GC-18

504. Deduction for Uncorrected Work ............................................................................. GC-18

505. Time of Completion and Liquidated Damages .......................................................... GC-19

506. Delays and Extensions of Time ................................................................................. GC-19

507. Subcontracting ........................................................................................................... GC-20

508. Assignment of Contract ............................................................................................. GC-20

509. Violation of Contract Provisions................................................................................ GC-20

510. Termination for Breach .............................................................................................. GC-21

GC- 1 Updated October, 2011

GENERAL CONDITIONS

PART 1: DEFINITIONS

The following terms as used in these Contract Documents are respectively defined as follows:

Change Order-- A written order, authorization, or agreement executed by the

Contractor and the Owner covering revisions in our amendments to the Contract Documents or conditions specifically prescribed in the Contract Documents as requiring change orders.

Commission-- The Commission of the Madison Metropolitan Sewerage District.

Contract Documents- The Contract Documents consist of the Agreement or Contract together with all component parts specifically mentioned therein (such as Advertisement, Instructions to Bidders, Contractor's Proposal, Performance Bond, Payment Bond, General Conditions, Special Conditions, Specifications, Addenda, Plans, or Drawings) and all change orders duly executed.

Contractor-- The person, firm, or corporation to whom the within Contract is awarded by the Owner and who is subject to the terms thereof.

District-- Madison Metropolitan Sewerage District 1610 Moorland Road Madison, WI 53713

Engineer-- The Chief Engineer and Director of the Madison Metropolitan Sewerage District, including his authorized representatives.

Notice-- Wherever the Contract Documents refer to the giving of any notice to the Owner, Contractor, or Surety, such notice shall be deemed to have been given when written notice has been delivered to, or placed in the United States mails addressed to, the authorized representative of the respective Owner, Contractor, or Surety at his permanent place of business or, in the case of notice to the Contractor, at the site of the project.

GC- 2 Updated October, 2011

Order-- Wherever under the provisions of the Contract an order to the Contractor from the Engineer or Owner is required, such order shall be understood to mean a written order addressed to the Contractor and signed by the Engineer or a duly authorized representative of the Owner.

Owner-- Madison Metropolitan Sewerage District 1610 Moorland Road Madison, WI 53713

Subcontractor-- Any person, firm, or corporation to whom the Contractor sublets any part of the Work.

Substantial Completion-- That point in the execution of the work when, in the opinion of the Engineer, the work is sufficiently complete such that it can be placed into service by the Owner and used for the purposes for which the work is intended.

Surety-- Any person, firm, or corporation that has executed, as Surety, the Contractor's Performance or Payment Bonds securing the within Contract.

The Work-- Wherever the words "the Work" are used herein, they shall be interpreted to mean the Work, including all materials, labor, tools, equipment, appurtenances, and all other items necessary to perform and complete everything specified or implied in the Contract Documents, in full compliance with all the terms and conditions thereof.

GC- 3 Updated October, 2011

PART 2: INSURANCE, BONDS, AND LEGAL MATTERS

201. CONTRACTOR'S INSURANCE

The Contractor shall not commence work under this Contract, and shall not allow any of his subcontractors to commence work, until he has obtained all the insurance required hereunder and such insurance certification has been reviewed by the Owner. Review of the insurance certification by the Owner shall not relieve or decrease the liability of the Contractor hereunder. The insurance certification shall name as Additional Insureds the Madison Metropolitan Sewerage District and its consulting engineers, if any.

The Contractor shall obtain, pay for, and maintain during the life of this Contract such Worker's Compensation and Employer's Liability, Comprehensive General Liability, Business Automobile Liability, and Umbrella Liability Insurance to protect the Contractor performing work covered by this Contract from claims for damages for bodily injury, including accidental death, as well as for claims for property damage which may arise from operations under this Contract whether such operations be by himself or any Subcontractor, or by anyone directly or indirectly employed by either of them, on the forms, and with limits not less than set forth below:

a) General Liability

• Comprehensive general liability coverage shall include, but not be limited to, Products and Completed Operations, Independent Contractors, Contractual Liability, Broad Form Property Damage, Personal Injury, Premises and Operations, and Explosion, Collapse and Underground.

• General aggregate limit shall be at least $2,000,000. Policy shall be endorsed such that this full limit is reserved specifically for the named Madison Metropolitan Sewerage District project.

• Products-Completed Operations Aggregate limit shall be at least

$2,000,000.

• Each Occurrence limit shall be at least $1,000,000.

b) Automobile Liability

• Auto liability policy shall cover all autos, whether owned, non-owned, or hired.

GC- 4 Updated October, 2011

• Bodily injury and property damage limits shall be at least $1,000,000 each, or

• Combined single limit shall be at least $1,000,000.

c) Excess Liability Umbrella Form

• For contract amounts under $2,000,000, Umbrella limits shall be at least $2,000,000 aggregate/$2,000,000 each occurrence.

• For contract amounts of $2,000,000 or more, Umbrella limits shall be at least equal to the contract amount.

d) Worker’s Compensation and Employer’s Liability

• Worker’s Compensation limits shall be in accordance with all applicable state and federal statutes.

• Employer’s Liability limits shall be at least $100,000 each accident, $500,000 disease policy limit, and $100,000 disease-each employee.

e) Builder’s Risk Insurance

All Risk builder’s risk insurance shall be provided by the Contractor and shall cover, but not be limited to, fire, lightning, windstorm, hail, explosion, riot, riot attending a strike, civil commotion, smoke damage, damage by aircraft or vehicles, vandalism and malicious mischief, theft, collapse, flood, and earthquake. This insurance shall name the Owner and the prime contractors as insureds and shall include coverage, but not by way of limitation, for all damage or loss to the work and to appurtenances, to materials and equipment to be used on the project while same are in transit or stored on or off the project site, and to construction plant and temporary structures.

The policy shall provide the Owner the right to occupy the premises without termination of the policy until the final acceptance of the project.

Copies of this policy shall be submitted to the Owner.

For construction projects that are organized as a single prime contract between the Owner and one Contractor, the amount of the builder’s risk insurance shall be equal to the total contract price. For construction projects that include multiple prime contracts between the Owner and Contractors, the builder’s risk insurance for the entire project shall be provided by the General Contractor, and the amount of the builder’s risk insurance shall be at least equal to the sum of the multiple prime contracts.

GC- 5 Updated October, 2011

202. OWNER'S INSURANCE

The Owner, at his option, may maintain such insurance as will protect him from liability for injuries to persons or damage to property which may arise from operations under this Contract.

203. PERFORMANCE AND PAYMENT BONDS

The Contractor shall furnish a Performance Bond and a Payment Bond each in an amount at least equal to 100% of the Contract price, as security for the faithful performance of this Contract and for the payment of all persons performing labor and furnishing materials in connection with this Contract, including without limitations because of specific enumeration therein all of the items mentioned in Section 779.14 (1) Wisconsin Statutes. The Performance Bond and the Payment Bond shall each run for the life of the Contract including any guarantee or warranty periods.

204. COMPLIANCE WITH LAWS

The Contractor shall at all times comply with all laws, ordinances, rules, and regulations bearing on the Work. The Contractor shall indemnify, defend, and save harmless the District and all of its officers and employees against any claim or liability arising from or based on the violation of any such law, ordinance, rule, or regulation, whether by the Contractor or the Contractor's employees, Subcontractors, or agents. The Contractor shall comply with the Wisconsin Unemployment Compensation Act and Title Eight of the Social Security Act.

205. ROYALTIES AND PATENTS

The Contractor shall pay for all royalties and patents relating to the Work, shall defend all suits or claims for infringement on any patent right, and shall save the Owner harmless from loss on account thereof.

206. INDEMNIFICATION

The Contractor shall indemnify, defend and save harmless the District and all of its officers, employees, consultants and agents against any claim or liability arising from or based on, in whole or in part, any negligent act or omission by the Contractor or the Contractor’s employees, subcontractors or agents.

GC- 6 Updated October, 2011

PART 3: SCOPE OF THE WORK

301. INTENT OF THE CONTRACT DOCUMENTS

The Contract Documents are complementary and what is called for by one shall be as binding as if called for by all. The intention of the Contract Documents is to include in the Contract price the cost of all labor and materials, water, fuel, tools, plant, equipment, power, light, transportation, and all other expenses as may be necessary for the proper execution of the Work.

In interpreting the Contract Documents, words describing materials or work which have a well-known technical or trade meaning, unless otherwise specifically defined in the Contract Documents, shall be construed in accordance with such well-known meaning recognized by architects, engineers, and the trade.

Standard specifications and codes which are referenced in the Contract Documents shall be made a part of the Contract Documents by reference. The most recent revisions of such standard specifications or codes shall apply.

In any case of discrepancy in the Contract Documents, the matter shall be immediately submitted to the Engineer, without whose decision said discrepancy shall not be adjusted by the Contractor except at his own risk and expense.

302. SAFETY, HEALTH, AND SANITATION

The Contractor shall comply with all Federal, State, and Local laws and codes governing safety, health, and sanitation; shall provide and maintain all safeguards, safety devices, and protective equipment; and shall take any other actions necessary to protect the life and health of employees on the job and the safety of the public and to protect property in connection with the performance of the Work covered by the Contract. Unless otherwise indicated in the Contract Documents, the Contractor shall provide and maintain acceptable portable toilets and other sanitary conveniences at the site of the Work.

The Contractor is specifically notified that wastewater treatment plants, pumping stations and sewer systems contain confined space work areas which may be susceptible to accumulation of hazardous gases or depletion of oxygen levels.

The Contractor must familiarize himself with and abide by all applicable state and federal regulations regarding confined space entry precautions and procedures.

The Contractor shall familiarize himself with the proper use of gas detectors, breathing apparatus, tripods/harnesses, ventilation and all other measures as called for in the applicable state and federal regulations.

GC- 7 Updated October, 2011

303. PROTECTION OF THE WORK

The Contractor shall continuously maintain adequate protection of all his Work from damage and shall protect the Owner's and adjacent property from injury arising in connection with this Contract. Proper supports, braces, barricades, fences, signal lights, warning signboards, or watchmen shall be provided and maintained by the Contractor as needed to properly protect the Work, persons, animals, and property against injury.

These statements of specific duties on the part of the Contractor shall not be considered as a limitation of the general duties imposed by the Contract Documents.

The Owner reserves the right to remedy any neglect on the part of the Contractor as regards protection of the Work after 24 hours' notice in writing, except in case of any emergency when the Owner shall have the right to remedy any neglect without notice and, in either case, to deduct the cost of such remedy from any money due or to become due to the Contractor.

304. PERMITS, LICENSES, AND NOTIFICATIONS

Unless otherwise indicated in the Contract Documents, the Contractor shall obtain, pay for, and comply with all permits and licenses and shall give all notices which are necessary for the due and lawful prosecution of the Work. The Contractor shall furnish proof to the Owner that such permits and licenses have been obtained.

305. USE OF THE JOB SITE

The Contractor shall confine his equipment, apparatus, storage of materials, and operations of his workmen to limits indicated by laws, ordinances, permits, easements and directions of the Owner and shall not encumber the premises with his materials. The Contractor shall not enter or occupy with men, tools, equipment, or materials any private property without consent of the property owner and the Engineer.

306. OTHER CONTRACTS

The Owner may undertake additional work at the job site through other contractors or through the Owner’s employees. The Contractor shall cooperate fully with such other contractors and employees shall carefully fit his own Work to that provided by others. The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor or employee.

GC- 8 Updated October, 2011

307. CUTTING AND PATCHING

The Contractor shall do all cutting, fitting, or patching of his Work that may be required to make its several parts fit together properly and fit it to receive or be received by work of other contractors shown upon or reasonably implied by the plans.

308. CLEANING UP

The Contractor shall at all times keep the premises in a neat condition and free from accumulations of waste material, rubbish, dirt and spillages caused by his operations. At the completion of the Work he shall remove from the worksite all tools, equipment, scaffolding, and surplus materials and shall leave the Work clean and ready for use. In case of a dispute, the Owner may remove the rubbish or surplus materials and charge the cost to the Contractor.

309. CHANGES IN THE WORK

The Engineer reserves the right to order additions, deductions, alterations, or other changes in the Work to be performed under the Contract Documents. All such additions, deductions, alterations, or changes which are not already stated or reasonably implied under the Contract Documents, shall be designated as Changes in the Work. All such Changes in the Work, except those which in the Engineer's opinion are minor or incidental, must be authorized by a written Change Order issued by the Owner. The Contractor agrees to perform all such Changes in the Work in such manner as approved by the Engineer.

Adjustments, if any, in the amounts to be paid to the Contractor due to Changes in the Work shall be determined on the basis of an agreed lump sum amount, an agreed unit price, or time-and-materials. For adjustments based on a lump sum amount, the Contractor shall submit supporting documentation acceptable to the Engineer showing how the lump sum amount was computed. The Contractor or Subcontractor who actually performs the Change in Work shall be allowed a maximum mark-up of 15% to the actual cost to do the Work. Any higher tier Subcontractors and the Contractor shall be allowed a maximum mark-up of 5% to the next lower tier Subcontractor. It is understood that these mark-ups constitute full compensation for overhead and profit and that additional costs or mark-ups for items such as bonds, insurance, administration, estimating, engineering, general conditions, vehicles, equipment, small tools, consumables, paperwork preparation, etc., will not be allowed. For credit Changes in Work, the total decrease in cost shall be the actual decrease in cost to the Contractor plus a 5% decrease for overhead and profit.

If any Change in the Work is such that an estimated Work item quantity stated in the Proposal is increased or decreased by 50 percent or less, the Contractor agrees that payment adjustments for such Change in the Work shall be computed in

GC- 9 Updated October, 2011 accordance with the original unit price given in the Proposal for that Work item.

If, however, any Change in the Work is increased or decreased by more than 50 percent of such quantity, the Contractor agrees that payment adjustments for such

Change in the Work shall be as re-negotiated by the Owner and Contractor.

For Changes in the Work to be paid for on the basis of time-and-materials, the Contractor shall be paid the costs of labor, materials, and equipment, all as defined below. The Contractor or Subcontractor who actually performs the Change in Work shall be allowed a maximum mark-up of 15% to the actual cost to do the Work. Any higher tier Subcontractors and the Contractor shall be allowed a maximum mark-up of 5% to the next lower tier Subcontractor. It is understood that these mark-ups constitute full compensation for overhead and profit and that additional costs or mark-ups for items such as bonds, insurance, administration, estimating, engineering, general conditions, vehicles, equipment, small tools consumables, paperwork preparation, etc., will not be allowed. For credit Changes in Work, the total decrease in cost shall be the actual decrease in cost to the Contractor plus a 5% decrease for overhead and profit. It is also understood that this mark-up shall constitute full compensation for overhead and profit and shall apply regardless of whether the labor, materials and equipment are furnished by the Contractor's own forces or by a subcontractor or supplier. The costs of labor, materials and equipment shall be determined as provided in the following paragraphs:

a. Labor

The cost of labor shall include the cost of all workers and supervisors devoting their exclusive attention to the work in question, whether they are employed directly by the Contractor or by a Subcontractor. Unless otherwise approved by the Engineer, the cost of labor shall be based on an hourly rate and shall be computed as the sum of the employee's basic hourly wage, fringe benefits (including health and welfare, pension, vacation, holiday pay, and training), worker's compensation insurance premiums, state and federal unemployment insurance contributions, social security taxes, property damage insurance premiums, and liability insurance premiums. A detailed breakdown of the hourly rates shall be submitted by the Contractor prior to starting the time-and-materials work and shall be subject to the Engineer's approval.

b. Materials

The cost of materials shall be the actual cost to the purchaser (whether Contractor or Subcontractor) of materials which are approved by the Engineer and which are actually used or incorporated into the work in question.

GC- 10 Updated October, 2011

c. Equipment

The cost of equipment shall be computed on the basis of rental rates which are acceptable to the Engineer and which are no higher than those used by established distributors or equipment rental agencies in the local area of the work. Rental rates shall be understood to include the costs of fuel, oil, lubrication, supplies, attachments, depreciation, insurance and all repairs, maintenance and incidentals.

Rental rates shall not include any markup for Contractor overhead and profit, since this is included in the markup discussed earlier.

Rental rates shall be allowed only for equipment whose use is authorized by the

Engineer and only for the period of time during which the equipment is actually required for the time-and-materials work in question. Equipment stand-by rates shall not be allowed. When equipment is transported, rental rates shall be allowed for the transporting vehicle only. Rental rates shall not be allowed for non-working days nor for time when the equipment is inoperable due to breakdowns.

Rental rates shall not be allowed for small tools or any items of equipment having a replacement value of less than $200. If the Contractor and Engineer cannot agree on acceptable rental rates, the rates shall be in accordance with the following paragraphs.

For all Contractor-owned equipment used on the time-and-materials work, equipment rental rates contained in the Rental Rate Blue Book, published by Equipment Watch, will be used, unless otherwise provided, to compute the equipment rental rate. The rental rates in effect on April 1 of each year will be used for work throughout the season. Rental rates will not be adjusted to account for regional differences in cost. The equipment rental rate shall be the sum of the monthly or weekly rental rate expressed on an hourly basis and the hourly operating cost and will be determined as follows: The monthly rental rate will be divided by 176 to obtain the monthly-hourly rental rate and the weekly rental rate will be divided by 40 to obtain the weekly-hourly rental rate. The equipment rental rate for on-job equipment will be based on the monthly-hourly rental rate for all hours of operation. The equipment cost rate for equipment furnished only to accomplish time-and-materials Work will be based on the weekly-hourly rental rate for all hours of operation up to and including 88 hours and on the monthly-hourly rental rate for all hours of operation over 88 hours. The rate for any specialized equipment not listed in the Rental Rate Blue Book must be approved by the Engineer prior to use.

For equipment which is rented by the Contractor for time-and-materials work, the cost of equipment shall be the actual amount shown by invoice from the rental agent, or shall be computed in the manner described above for Contractor-owned equipment, whichever amount is less.

GC- 11 Updated October, 2011

d. Exemptions

No additional allowance shall be made for general superintendence, the use of small tools, or other costs for which no specific allowance is herein provided.

e. Records

The compensation as set forth above shall be received by the Contractor as payment in full for Work done on a time-and-materials basis. At the end of each day the Contractor's representative and the Engineer shall compare records of the cost of Work done on a time-and-materials basis.

f. Itemized Statements

No payment will be made for Work performed on a time-and-materials basis until the Contractor shall furnish to the Engineer duplicate itemized statements of the cost of such Work, detailed as to the following:

1. Name, classification, dates, daily hours, total hours, rate, and extension of each laborer and supervisor.

2. Designation, dates, daily hours, total hours, rental rate, and extension of each truck and other unit of machinery and equipment.

3. Quantities of materials, prices, and extensions.

4. Transportation of materials.

5. Such statements shall be accompanied and supported by original receipted invoices for all materials used, equipment rented, and transportation charges; provided that if materials used on the time-and-materials Work are not specifically purchased for such Work but are taken from the Contractor's stock, then in lieu of the original invoices the statements shall contain or be accompanied by an affidavit of the Contractor certifying that such materials were taken from stock, that the quantity claimed was actually used, and that the price and transportation claimed represents the actual cost to the Contractor.

No verbal order or suggestions given by an employee of the District shall be construed as authorizing or laying the basis for any claim on the part of the Contractor for extra compensation, either for work or materials or for damages because of the Contractor's compliance therewith. Such verbal orders and suggestions as to the performance of the Work may be freely given, but in case they appear to the Contractor to involve Changes in the Work, for which the Contractor should receive extra compensation, the Contractor shall obtain a written order from the Engineer for such Changes in the Work prior to performing

GC- 12 Updated October, 2011 the Work unless an emergency situation is determined to exist by the Engineer.

In case of a dispute as to what does or does not constitute Changes in the Work, a decision will be made by the Engineer.

310. CONTRACTOR'S GUARANTEE

Unless otherwise stated in the Contract Documents, the Contractor shall guarantee the Work performed under this Contract against defects in workmanship and materials for a period of one year from the date of final acceptance of the Work by the Commission. This guarantee shall cover all the Work and materials provided under the Contract, including that provided by any Subcontractors or manufacturers. If any defect should appear during the guarantee period, the Contractor shall make required replacement or acceptable repairs of the defective Work at his own expense and shall pay for any damage to other Works resulting from such defects. This expense includes total and complete restoration of any disturbed surface to its original or better than original condition which existed before the repairs or replacement, regardless of improvements on lands where the repair or replacement is required.

The Performance Bond and Payment Bond shall remain in force during this guarantee period. The Contractor shall make all repairs and replacements promptly. If the Contractor fails to make the repairs and replacements promptly, the District may do the Work; and the Contractor and his Surety shall be liable for the cost thereof. The Contractor also agrees to hold the District harmless from liability of any kind arising from damage due to said defects in workmanship or materials.

311. PARTIAL OWNER OCCUPANCY

The Owner, at its discretion, may place into service certain portions of the completed work. The Contractor shall provide proper access to Owner's personnel for this purpose.

If the Owner places a certain portion of the work into service, and if the Owner becomes fully satisfied with the performance of that specific work, the Owner may, at Owner’s sole discretion, allow the contractor’s guarantee period for that specific work to begin on a date earlier than the overall final acceptance date for the project. Unless the Owner specifically notifies the contractor, in writing, of such an earlier guarantee date, the Contractor's Guarantee against defects in workmanship and materials for work which has been placed into service shall remain for one full year after the date on which the work receives final acceptance by the Commission.

GC- 13 Updated October, 2011

PART 4: CONTROL OF THE WORK

401. NOTICE TO PROCEED

The Contractor shall not begin the Work until written Notice to Proceed has been issued by the Owner. The Contractor shall abide by any special instructions which may be stated in the Notice to Proceed.

402. PRE-CONSTRUCTION SUBMITTALS

Before beginning the Work, the Contractor shall submit the following preconstruction submittals to the Engineer, for review and comment:

• Detailed construction schedule, in graphical chart form, showing the Contractor’s proposed start and finish dates for all key construction tasks required on the project.

• Detailed schedule of values showing all component costs of the

Contractor's Proposal.

• Copies of all building permits, dewatering permits, erosion control permits and any other construction related permits required by local, state or other bodies.

• Additional special preconstruction submittals as may be required in the specifications.

403. SUPERINTENDENCE

The Contractor shall have at the site of the Work at all times a competent foreman, superintendent, or other representative satisfactory to the Owner and having authority to act for the Contractor.

404. ENGINEER'S STATUS

The Engineer shall resolve all questions which arise as to the quality and acceptability of materials furnished and the Work performed, manner of performance, rate of progress of the Work, interpretation of the Contract Documents, compensation, and disputes and mutual rights between Contractors under the Contract Documents. The Engineer shall determine the amount and quantity of the Work performed and materials furnished. The Engineer shall have the authority to order the partial or complete suspension of the Work whenever it may be necessary to insure the proper fulfillment of the Contract. The Work shall be prosecuted in such order as is acceptable to the Engineer.

GC- 14 Updated October, 2011

The Engineer and all duly authorized representatives shall at all times have access to the Work wherever it is in preparation or progress and the Contractor shall provide proper facilities for such access and for inspection. If any Work should be covered up or made inaccessible without approval or consent of the Engineer, it must, if required by the Engineer, be uncovered or made accessible for examination at the Contractor's expense. The presence or absence of the Engineer shall not relieve in any degree the responsibility or the obligation of the Contractor to construct in accordance with the Contract Documents.

If the Contract Documents, the Engineer's instructions, laws, ordinances, or any public authority require any Work to be specially tested or approved, the Contractor shall give the Engineer timely notice of its readiness for such inspection or testing. If the inspection or testing is by an authority other than the Engineer, the Contractor shall give the Engineer timely notice of the date fixed for such inspection.

The Engineer shall have the right to reject any materials and workmanship which, in the Engineer's opinion, are defective or unacceptable. The Contractor shall promptly remove, replace, and make good at the Contractor's cost any such defective or unacceptable Work. Any failure to reject Work at the time of its construction shall not be construed as an acceptance of defective Work.

If any doubt exists as to the character or acceptability of Work performed, the

Engineer may order the Contractor to perform special tasks needed to expose, examine, or verify the character or acceptability of the Work and the Contractor shall promptly perform such special tasks. No extra payment shall be allowed to the contractor for such special tasks if the Work in question is found to be defective or unacceptable or if such special tasks are already required or implied under the Contract Documents. If, however, the Work in question is found to be acceptable and the said special tasks are not already required or implied under the Contract Documents, such special tasks shall be paid for as Changes in the Work.

405. PLANS, DRAWINGS, AND SPECIFICATIONS

Unless otherwise provided in the Contract Documents, the Owner will furnish the

Contractor, free of charge, all copies of the plans, drawings, or specifications reasonably necessary to carry out the Work. The Engineer may also furnish from time to time such additional detail drawings or other information as he may consider necessary. The Contractor shall keep on the worksite a copy of the plans, drawings, and specifications and shall at all times give the Engineer access to them.

The Contractor shall check carefully all dimensions shown on the plans and drawings before beginning the Work. Should errors be discovered, the Engineer's attention shall be called to the same and proper corrections made.

GC- 15 Updated October, 2011

Contours or profiles of the ground, where shown on the plans or drawings, are believed to be reasonably correct but are not guaranteed to be absolutely so and, together with any schedule of quantities, are presented only as an approximation.

No payment shall be made for additional Work due to minor discrepancies in existing grade.

406. SHOP DRAWINGS

The Contractor shall submit to the Engineer shop drawings or schedules of all materials and products required for the Work. Shop drawings and schedules shall be submitted before materials and products are ordered and in ample time to permit satisfactory progress of the Work. Unless otherwise specified in the contract documents, shop drawings and schedules shall be submitted in six (6) copies and in such detail as may be necessary for the Engineer to inform himself of the design and character of the various materials and products which the Contractor proposes to use for the Work. Material samples or additional data shall be submitted by the Contractor if so directed by the Engineer.

The Contractor shall promptly make any corrections or revisions in the shop drawings or schedules as may be required by the Engineer and shall resubmit the same without delay. Upon the Engineer's review of shop drawings, schedules, or other data, three (3) copies shall be returned to the Contractor, unless otherwise specified in the contract documents. Materials and products furnished shall be in conformance with such approved shop drawings, schedules, and data.

It is expressly understood that review by the Engineer of the Contractor's submitted shop drawings, schedules, samples, or other data shall in no way release the Contractor from his responsibility to properly fulfill the requirements of the Contract Documents nor from his liability to replace materials or products should they prove defective or inappropriate or fail to meet the specified requirements.

407. MATERIALS AND WORKMANSHIP

Unless otherwise stipulated in the specifications, all workmanship, equipment, materials, and articles incorporated in the Work covered by this Contract are to be new and of the best grade of their respective kinds for the intended purpose. The Contractor, if required, shall furnish such evidence as to kind and quality of materials. If not otherwise provided, material or Work called for in this Contract shall be furnished and performed in accordance with well-known established practices and standards recognized by architects, engineers, and the trade.

GC- 16 Updated October, 2011

408. "OR EQUAL" CLAUSE

Unless indicated otherwise, products which are specified in terms of a specific manufacturer’s name shall be understood as indicating the type, function, minimum standard of design, efficiency, and quality desired and shall not be construed in such a manner as to exclude other manufacturers' products of comparable type, quality, design, and efficiency.

409. OWNER'S RIGHT TO DO WORK

If the Contractor should neglect to prosecute the Work properly or fail to perform any provision of this Contract, the Owner may, after 3 days' written notice to the Contractor and his Surety, without prejudice to any other remedy he may have, make good such deficiencies and may deduct the cost thereof from the payment due the Contractor.

In case of an emergency which threatens loss, damage, or injury to persons or property and which requires immediate action to remedy in the absence of the Contractor's personnel, then and in that event the Owner, with or without notice to the Contractor or his Surety, may provide suitable protection to the said property and persons by causing such Work to be done and such material to be furnished as shall provide such protection as the Owner may consider necessary and adequate.

The cost and expense of such Work and material so furnished shall be borne by the Contractor, and if the same shall not be paid on presentation of the bills therefore, then such costs shall be deducted from any amounts due or to become due the Contractor. The performance of such emergency Work under the direction of the Owner shall in no way relieve the Contractor from any damages which may occur during or after said emergency Work.

In the event that the Contractor refuses or neglects to use measures to protect the work…