Hills and Dales Specs

Contents-1

CITY OF LAGRANGE, GEORGIA

CONTRACT A

2022 HILLS & DALES FORCE MAIN IMPROVEMENTS

TABLE OF CONTENTS

DIVISION 0 - BIDDING AND CONTRACT REQUIREMENTS

SECTION TITLE

00010 Notice to Contractors 00100 Information to Bidders 00300 Proposal 00410 Bid Bond 00500 Contract 00610 Performance Bond 00620 Payment Bond 00700 General Conditions 00800 Supplementary Conditions

DIVISION 1 - GENERAL REQUIREMENTS

SECTION TITLE

01010 Summary of Work 01050 Field Engineering 01150 Measurement and Payment 01152 Applications for Payment 01153 Change Order Procedures 01159 Schedule of Values 01200 Project Meetings 01310 CPM Construction Schedules 01340 Shop Drawings, Product Data and Samples 01400 Quality Control 01410 Independent Testing Laboratory Services 01430 Contractor Supervision of Work 01500 Temporary Utilities 01530 Barriers 01540 Security 01550 Access Roads and Parking Areas 01560 Temporary Controls 01570 Traffic Regulation 01700 Project Closeout 01720 Project Record Documents 01730 Operating and Maintenance Data 01740 Warranties and Bonds

Contents-2

CONTRACT A

2022 HILLS & DALES FORCE MAIN IMPROVEMENTS

TABLE OF CONTENTS

DIVISION 2 - SITEWORK

SECTION TITLE

02100 Site Preparation 02200 Earthwork - General 02201 Earthwork - Pipeline 02500 Pavement Replacement 02600 Manholes and Accessories 02700 Pipeline Construction 02930 Grassing

DIVISION 3 - CONCRETE

SECTION TITLE

03100 Wood Forms 03200 Reinforcing Steel 03250 Concrete Accessories 03300 Cast-In-Place Concrete 03600 Grout

DIVISION 4 - MASONRY

SECTION TITLE

04040 Masonry

DIVISION 5 - METALS

SECTION TITLE

05550 Miscellaneous Metals

DIVISION 6, 7 & 8 - (Not Used)

DIVISION 9 - FINISHES

SECTION TITLE

09900 Painting

Contents-3

CONTRACT A

2022 HILLS & DALES FORCE MAIN IMPROVEMENTS

TABLE OF CONTENTS

DIVISION 10, 11, 12, 13 & 14 - (Not Used)

DIVISION 15 - MECHANICAL

SECTION TITLE

15100 Pipe and Pipe Fittings 15105 High Density Polyethylene Pipe and Fittings 15110 Plug Valves 15155 Wastewater Combination Air Valve

DIVISION 0

BIDDING AND CONTRACT REQUIREMENTS

00010-1

SECTION 00010

NOTICE TO CONTRACTORS

CONTRACT A

2022 HILLS & DALES FORCE MAIN IMPROVEMENTS

Sealed Proposals shall be addressed to Jeremy Andrews, Purchasing Agent of the City of LaGrange, and marked “Bid for Construction of Contract A - 2022 Hills & Dales Force Main Improvements.” All Bids shall be received by The City of LaGrange, mail or in person at the City Hall, Office of Purchasing, Third Floor, 200 Ridley Avenue, LaGrange, Georgia 30240 until 2:00 p.m., local time on Friday, April 29, 2022. The Bids will be publicly opened and read aloud.

The Work to be performed under Contract A - 2022 Hills & Dales Force Main Improvements include the following:

1) 4,140 LF of 6" HDPE, DR 11 (DIPS) Force Main, See Plans for Actual Depth, Open Cut or HDD Construction, Complete per Plans,

2) 1,290 LF of 6" HDPE, DR 11 (DIPS) Force Main, See Plans for Actual Depth, HDD Construction as noted, Complete per Plans

3) 1 LS 6" Force Main Discharge Piping and 5' Diameter Manhole, Complete per Plans and Detail C590,

4) 3 EA 1" Combination Air Valve Assembly with Backwash Accessories and 5' Dog-House Manhole, Complete per Plans and Detail C600,

5) 1 LS Erosion Control Plan Requirements, Complete per Plans,

6) 1 LS Mobilization,

7) 1 LS Demobilization,

8) The General Project Items Includes extra Bid Items to be used only if approved by the Engineer for Payment.

9) The Project Also Includes the required excavation, backfill, grading, testing and all other appurtenances and accessories.

Plans, Specifications and Contract Documents may be examined in the office of the Director of Utilities, LaGrange City Hall, Monday through Friday, 9:00 a.m. to 3:00 p.m. Contact Ronald L. Ellis, Ellis & Associates, Inc. at ron@rlellisco.com to obtain an electronic copy of Contract A - 2022 Hills & Dales Force Main Improvements. All bidders should submit any and all questions concerning the Plans and Specifications to Ellis & Associates by email to: ron@rlellisco.com.

All Bidders must have a State of Georgia Utility Contractors License and must employ a state Utility Manager Certificate holder in compliance with Act O.C.G.A. 43-14.

One contract shall be awarded covering all the work of this Contract and the maximum time of completion shall not exceed 105 consecutive calendar days from the commencement date established by the Notice to Proceed.

All proposals shall be accompanied by a Bid Bond in amount equal to five percent (5%) of the Bid Amount.

The Bid Bond shall be forfeited to the City of LaGrange, Georgia, as liquidated damages if the BIDDER fails to execute the Contract and provide Performance and Payment Bonds within ten (10) days after being notified mailto:ron@rlellisco.com mailto:ron@rlellisco.com mailto:ron@rlellisco.com

00010-2 that they had been awarded the Contract.

A Performance Bond and Payment Bond such as described in Specification Sections 00610 and 00620 will be required of the successful BIDDER. The Performance Bond must be in the penal amount of 100% of the Contract price and the Payment Bond shall be in the penal amount of 100% of the Contract price.

Surety and insurance companies must have an AM Best rating of A-6 or greater, be listed in the Federal Registry of Companies holding Certificates of Authority and Acceptable Sureties on Federal Bonds, be licensed by the Georgia Insurance Department and the Georgia Secretary of State to do business in the State of Georgia.

E-Verify Requirements: All Contractors and Subcontractors bidding and performing work for the City of LaGrange, Georgia must participate in the E-Verify Program pursuant to the Georgia Security and Immigration Compliance Act (SB 529).

The award will be made to the low, responsive, responsible BIDDER. No bid may be withdrawn for a period of sixty (60) calendar days after the scheduled closing time for the receipt of bids. The City of LaGrange, Georgia, reserves the right to reject all bids, to waive informalities and to readvertise.

Patrick Bowie Director of Utilities City of LaGrange City Hall 200 Ridley Avenue LaGrange, Georgia 30240

END OF SECTION

00100-1

SECTION 00100

INFORMATION TO BIDDERS

1. PREPARATION OF PROPOSALS

A. Bidders shall use only the proposal forms provided in the documents or by Addendum. All blank spaces in these forms shall be filled in, in both words and figures where required. Written amounts shall govern in case of discrepancy between the amounts. The entire Bid Document Set shall be submitted with the Bid.

B. Prices quoted shall be F.O.B. with freight and full insurance paid by Bidder, to the jobsite, in LaGrange, Georgia.

C. The Bidder shall acknowledge receipt of all addendums in the proposal. Proposals without acknowledgment or without the addendum enclosed will be considered non responsive.

D. Each bid must be submitted in a sealed envelope bearing on the outside the name of Bidder, the Bidder’s State Utility Contractor’s License Number, his address, and the name of the project for which the bid is submitted. Any bid which is not properly prepared and accompanied by required Bonds and Certifications may be rejected by the Owner.

2. SUBMISSION OF PROPOSALS

A. All Proposals must be submitted in tact not later than the time prescribed, at the place noted.

3. ADDENDA

A. Any addenda issued by the Engineer during the period of bidding shall be included in the Proposal and in the Executed Contract. Such addenda shall become a part thereof and modify specifications and drawings accordingly.

4. BID SECURITY

A. All Proposals shall be accompanied by a Bid Bond in amount equal to five percent (5%) of the Total Base Bid Amount. The Bid Bond shall be forfeited to the City of LaGrange, Georgia, as liquidated damages if the BIDDER fails to execute the Contract and provide Performance and Payment Bonds within ten (10) days after being notified that he had been awarded the Contract.

5. PERFORMANCE AND PAYMENT BONDS FOR CONTRACT

A. A Performance Bond and Payment Bond such as described in Specification Sections 00610 and 00620 will be required of the successful Bidder. Performance Bond must be in the penal amount of 100% of the Contract price.

B. Surety and insurance companies must have an AM Best rating of A-6 or greater, be listed in the Federal Registry of Companies holding Certificates of Authority and Acceptable Sureties on Federal Bonds, be licensed by the Georgia Insurance Department and the Georgia Secretary of State to do business in the

00100-2

State of Georgia.

6. FAILURE TO EXECUTE THE CONTRACT AND FURNISH BONDS

A. The Bidder who has a Contract awarded to him and who fails to promptly and properly execute the Contract and furnish the required bond(s) shall forfeit the bid security that accompanied his bid, and the bid security shall be retained as liquidated damages by the Owner, and it is agreed that this said sum is a fair estimate of the amount of damages the Owner will sustain in case the Bidder fails to enter into a Contract and furnish the bond(s) as hereinbefore provided.

7. WITHDRAWAL OF BIDS

A. No bid may be withdrawn for a period of sixty (60) days after the scheduled closing time for the receipt of bids.

8. LICENSES AND PERMITS

A. The successful low Bidder shall obtain and pay for all licenses and permits required by the State, County, and City authorities having jurisdiction over the various phases of this Contract.

9. TIME FOR COMPLETION AND LIQUIDATED DAMAGES

A. Refer to Section 00800.

10. TAXES

A. Contractors shall pay all sales, consumer, use, and other similar taxes required to be paid by Contractor in accordance with the Laws and Regulations of the place of the Project which are applicable during the performance of the Work. The proposal prices shall include the total cost of all such taxes.

11. METHOD FOR AWARD OF CONTRACT

A. If at the time this contract is to be awarded, the lowest Total Base Bid submitted by a responsible bidder does not exceed the amount of funds then estimated by the Owner as available to finance the contract, the contract will be awarded based on the Total Base Bid.

12. CONTRACT WEEKLY WORK SCHEDULE

A. The time for completion of this project is based on a standard weekly work schedule of Monday through Friday. No work on shall be scheduled or performed on Saturday, Sunday or Holidays, unless emergency work is approved by the Owner.

00300-1

SECTION 00300

PROPOSAL

MADE BY

ADDRESS

TO: The City of LaGrange, Georgia

The undersigned, as Bidder, proposes and agrees, if this Bid is accepted, to enter into a Contract with The City of LaGrange, Georgia in the form of Contract specified and shown in the attached Contract Documents, to furnish all necessary materials, equipment, machinery, tools, apparatus, means of transportation, and labor necessary to complete the construction of the Work described in the Notice To Contractors, and in the Contract Documents attached hereto, which are hereby referred to and made a part of the same extent as if fully set out herein, and in full and complete accordance with the shown, noted described and reasonably intended requirements of the Plans, Specifications and Contract Documents, to the full and entire satisfaction of the Owner. The Bidder understands that no money will be allowed for extra Work except as set forth in the attached Contract Documents.

The Bidder declares that he has examined the site of the Work, that he has fully informed himself of conditions that would affect the proposed Work, that, prior to the tender of his bid, he has examined the Plans, Specifications and Contract Documents for the Work and has read all special instructions and provisions contained in the Documents, and that he has satisfied himself with respect to the quality and extent of Work to be performed.

The Bidder declares that he understands that, when quantities of Work for which unit price bids are requested are shown in the Notice to Contractors for Bids and in the Proposal, such quantities are approximate only and are subject to either increase or decrease, that, should the quantities of any of the Work items be increased, the Bidder proposes to perform the additional Work at the unit prices bid by him, that should the quantities of any of the Work items be decreased, payment will be made only for the actual quantities of Work performed and such payment will be based upon the unit prices bid by him, and that he shall make no claim for profits anticipated on the decrease in quantities of Work. Actual quantities will be paid for as the Work progresses, in accordance with the provisions of the Contract, and such quantities shall be subject to final measurements and determinations made upon completion of the Work. Refer to Section 01152, I.10 Explanation of Bid Items and Payment, for a description of the bid items and the unit bid price for each item.

The Bidder agrees to perform the Work described in the Contract Documents for the following Unit prices and/or Lump Sum prices on the Base Bid Form included in Section 00300.

00300-2

The Bidder understands that the Owner reserves the right to reject any or all bids, to waive any informality in any bid, and to accept any bid considered to be advantageous to the Owner.

The Bidder agrees that his bid shall be valid for a period of sixty (60) calendar days after the date set for receipt of bids, and shall not be withdrawn for a period of sixty (60) calendar days after the date set for receipt of bids.

The Bidder has attached hereto a Bid Bond executed by a Surety Company authorized to do business in the State of Georgia (with valid Power-of-Attorney attached) made payable to The City of LaGrange, Georgia in the amount of 5% of his bid amount.

The Bidder agrees that, should he be notified that his Bid on the Work has been accepted, he will, within ten (10) days from receipt of such Notice of Award, execute the Contract bound herein, and furnish the Bonds and Certification of Insurance Coverage, in all accordance with the requirements of the Contract Documents.

The Bidder further agrees that, in case of failure on his part to execute said Contract, and to furnish all Bonds required by the Contract Documents, within ten (10) consecutive calendar days after receipt of Notice of Award of Contract to him, the monies payable to the Obligee of his Bid Bond, in accordance with the terms and conditions of the Bond, shall be paid to the Owner as liquidated damages for the delay and additional expense to the Owner caused by such failure on the part of the Bidder.

The Bidder hereby agrees that, should the Work under the Contract be awarded to him, he will commence Work under this Contract on or before a date to be specified in the “Notice to Proceed” issued by the Owner, and that he will fully complete the Contract within the consecutive calendar days specified in Section 00800 - Supplementary Conditions or pay liquidated damages at the rate per consecutive day specified in Section 00800 - Supplementary Conditions.

The undersigned bidder states that he fully understands the meaning of “low, responsive, responsible Bidder”, as defined in these Documents, and that these criteria will be applied in the evaluation of this Bid.

The Bidder acknowledges receipt of the following Addenda:

The undersigned, as Bidder, hereby declares that the name or names of the only person or persons interested in this Proposal, as principal or principals, is or are, as herein below set out and that no person other than that or those herein below stated has any interest in this Proposal, or in the Contract to be entered into;

that this Proposal is made without connection with any other person, firm or corporation making a proposal;

and that it is in all respects fair and in good faith, without collusion or fraud.

00300-3

Following are the names and addresses of all persons, firms, and corporations interested in the foregoing bid:

Name and Address of all interested Persons, Firms, Corporations, Partners Bidder’s Name (if Partnership) and Members (if Limited Liability Company).

Signature

Title

Address

City State Zip Code

Phone No.

Date

Contractor’s License Number ATTEST

(Seal If Bid By Corporation)

BASE BID FORM

Contract A - 2022 Hills & Dales Force Main Improvements

LaGrange, Georgia

Each of the following Base Bid Items includes the Construction, Testing & Placing into Service of each Base Bid Item, Complete per the Plans, Specifications & Contract Documents. Refer to Specification Section 01152, I.10 Explanation of Bid Items and Payment.

Item No. Description Quantity Unit Unit Price Total Price

Hills & Dales 6" Force Main, Sta. 17+63.41 to Sta. 71+89.09

1 6" HDPE, DR 11 (DIPS) Force Main, Min.4' Depth, See Plans For Actual Depth, Open Cut or HDD Construction 4140 LF $_______________ $_______________

2 6" HDPE, DR 11 (DIPS) Force Main, Min.4' Depth, See Plans For Actual Depth, HDD Construction As Noted on Plans 1290 LF $_______________ $_______________

3 6" Force Main Discharge Piping inside New 5' Dia.

Manhole, Complete Per Plans & Detail C590 1 LS $_______________ $_______________

4 1" Combination Air Valve Assembly with Backwash Accessories inside 5' Dia. Dog-House Manhole, Complete per Plans & Detail C600 3 EA $_______________ $_______________

5 Erosion Control Plans & Details, Complete per Plans 1 LS $_______________ $_______________

6 Mobilization 1 LS 5,000.00$ 5,000.00$

7 Demobilization 1 LS 5,000.00$ 5,000.00$

8 Allowance for Field Testing of Materials 1 LS 3,000.00$ 3,000.00$

TOTAL BASE BID AMOUNT (Total of Items 1-8) $_______________

Total Base Bid In Words: ____________________________________________________________________ _______________________________________________________________ Dollars and Cents (In Case of Conflict, The Amount Shown in Words Shall Govern)

00300-4

00410-1

SECTION 00410

BID BOND

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto the City of LaGrange, Georgia, as OWNER in the penal sum equal to 5% of the Total Base Bid Amount for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves our heirs, executors, administrators, successors and assigns.

Signed, this day of , 2022.

The condition of the above obligation is such that whereas the Principal has submitted to The City of LaGrange, Georgia, a certain bid, attached hereto and hereby made a part hereof to enter into a contract in writing, for Contract A - 2022 Hills & Dales Force Main Improvements.

NOW, THEREFORE,

(a) If said Bid shall be rejected, or in the alternate,

(b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the form of Contract attached hereto (Properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said Contract, and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in all other respects perform the agreement created by the acceptance of said Bid, then this obligation shall be void, otherwise the same remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated.

The Surety for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such Bid; and said Surety does hereby waive notice of any such extension.

00410-2

IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers the day and year first set forth above.

(L.S.)

PRINCIPAL

SURETY

By

SEAL

00500-1

SECTION 00500

CONTRACT

THIS AGREEMENT made this day of , 2022, by and between a corporation organized and existing under the laws of the State of hereinafter called the CONTRACTOR, and The City of LaGrange, Georgia hereinafter called the OWNER.

WITNESSETH, that the CONTRACTOR and the OWNER for the considerations stated herein mutually agree as follows:

1. The CONTRACTOR shall furnish all materials, equipment, labor, supervision, technical personnel, machinery, tools, and services to perform and complete all Work required for the construction of Contract A - 2022 Hills & Dales Force Main Improvements, at or in the vicinity of LaGrange, Georgia; and shall perform such work in strict accordance with these Contract Documents, which are attached hereto, and are a part of this Contract.

2. The CONTRACT DOCUMENTS shall consist of the following:

a) Notice to Contractors

b) Proposal

c) Bid Bond

d) Contract

e) Performance Bond

f) Payment Bond

g) General Conditions

h) Supplementary Conditions

i) General Requirements

j) Technical Specifications

k) Contract Drawings

l) Addenda (as numbered and dated below)

Addendum No. , dated Addendum No. , dated Addendum No. , dated

3. The CONTRACTOR shall commence Work to be performed under this Contract on the date specified in a written Notice to Proceed issued by the OWNER, and shall be substantially complete within 90 consecutive calendar days and shall fully complete all Work hereunder within 105 consecutive calendar days from said date.

4. The OWNER hereby agrees to pay in lawful money of the United States, and the CONTRACTOR agrees to accept the sum of $ as payment to perform all of the Work described in the Contract Documents, subject to the additions and deletions as provided in the Specifications or Proposal.

00500-2

5. The OWNER will pay the CONTRACTOR in the manner, at such times, and in such amounts as set forth in the General Conditions and General Requirements.

6. This Agreement shall be binding upon all parties hereto and their respective heirs, executors, administrators, successors, and assigns. IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by their duly authorized officials, this Agreement shall be deemed an original on the date first above written.

OWNER:

City of LaGrange, Georgia

(SEAL)

ATTEST By

_________________________________________ Name Meg Kelsey

Name Title City Manager

Title

CONTRACTOR:

(SEAL) By

ATTEST

Name

Title

` Address Name

Title ___________________________________

00610-1

SECTION 00610

PERFORMANCE BOND

STATE OF GEORGIA)

COUNTY OF TROUP) ss:

CITY OF LAGRANGE)

KNOW ALL MEN BY THESE PRESENTS, that we, as, Principal, and , as Surety, are held and firmly bound unto The City of LaGrange, Georgia in the full sum of Dollars ($ ) for the payment of which well and truly be made, we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

WHEREAS, the above bound Principal has entered into a contract with The City of LaGrange, Georgia, dated the day of , 2022, for the construction of Contract A - 2022 Hills & Dales Force Main Improvements.

NOW THEREFORE, the conditions of this obligation are such that if the above bound Principal shall faithfully and fully comply with the terms and conditions of said contract and such alterations or additions as may be made therein or in the plans and specifications, and shall indemnify and save The City of LaGrange, Georgia harmless against any claims for using any form of material, process, composition or anything which is patented, and likewise indemnify and save the Owner or the City, if the City is not the Owner, harmless against all claims for damages by reason of any default or negligence, want of skill or care on part of said Principal or Agents in and about the performance of said Contract, and shall comply with all laws pertaining to said Work, and shall comply with and perform any guarantee provided for in said Contract, then this obligation shall be void, otherwise of full force and effect.

And the Surety of this bond, for value received, agrees that no change, extensions of time, alterations or additions thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the contract or the Work or to the plans and specifications.

It is agreed that this bond is executed pursuant to and in accordance with the provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be construed as a bond in compliance with the requirements thereof.

00610-2

IN WITNESS WHEREOF, the Principal and the Surety have caused these presents to be duly signed and sealed this day of , 2022.

(As to Principal) L.S.

Signed, sealed and delivered in the presence of:

BY:

TITLE:

(As to Surety) L.S.

Surety

Signed, sealed and delivered in the presence of:

BY:

TITLE:

APPROVED AS TO FORM COUNTERSIGNED

BY:

City Attorney Resident Agent

00620-1

SECTION 00620

PAYMENT BOND

STATE OF GEORGIA)

COUNTY OF TROUP) ss:

CITY OF LAGRANGE)

KNOW ALL MEN BY THESE PRESENTS, that we, as Principal, and as Surety, are held and firmly bound unto The City of LaGrange, Georgia, in the full sum of Dollars ($ ) for the use and protection of said Owner or City if the City is not the Owner, and all subcontractors and all persons supplying labor, materials, machinery and equipment for the performance of the work provided for in the Contract hereinafter referred to, for the payment of which well and truly to be made we bind ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, by these presents.

WHEREAS, the above bound Principal has entered into a contract with The City of LaGrange, Georgia dated the day of , 2022 for the construction of Contract A - 2022 Hills & Dales Force Main Improvements.

NOW THEREFORE, the conditions of this obligation are such that if the above bound Principal shall promptly pay all subcontractors and all other persons supplying labor, materials, machinery and equipment furnished for the performance of the Work provided for by said contract and such alterations or additions as may be made therein or in the plans and specifications, then this bond to be void; otherwise, of full force and effect.

And the Surety of this bond, for value received, agrees that no change, extensions of time, alterations or additions to the terms of this Contract or to the Work to be performed thereunder or the specifications accompanying the same shall in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alterations or additions to the terms of the Contract or the Work or to the plans and specifications.

It is agreed that this bond is executed pursuant to and in accordance with the provisions of the Official Code of Georgia Annotated, as Amended, including, but not limited to, O.C.G.A. § 36-91-1 et seq., and is intended to be and shall be construed to be a bond in compliance with the requirements thereof.

00620-2

IN WITNESS WHEREOF, the Principal and the Surety have caused these presents to be duly signed and sealed this day of , 2022.

(As to Principal) L.S.

Signed, sealed and delivered in the presence of:

BY:

TITLE:

(As to Surety) L.S.

Surety

Signed, sealed and delivered in the presence of:

BY:

TITLE:

APPROVED AS TO FORM COUNTERSIGNED

BY:

City Attorney Resident Agent

00700-1

SECTION 00700

GENERAL CONDITIONS

1. CONTRACT DOCUMENTS

The Notice to Contractors, Instructions to Bidders, Proposal, Bid Bond, Contract, Performance and Payment Bonds, Certificate of Insurance, Notice of Award, Notice to Proceed, Change Order Form, Contractor’s Affidavit to Accompany Partial Payment Estimate, General Conditions, Supplemental Conditions, and Information, Drawings, Addenda and Specifications shall all be binding on the Contractor, and shall be fully a part of the Contract as if thereto attached or therein repeated in words and figures.

2. DEFINITIONS OF TERMS

Whenever in the Contract Documents the following terms or pronouns referring to them are used, the intent and meaning shall be interpreted as follows which shall be applicable to both the singular and plural thereof:

A. The CONTRACT shall mean the Contract executed by the Owner and the Contractor, of which these General Conditions form a part; the terms CONTRACT and AGREEMENT are synonymous.

B. The terms OWNER and CONTRACTOR shall mean the respective parties to the Contract; the OWNER being a public or quasi-public body or authority, corporation, association, partnership, or individual for whom the Work is to be performed; the CONTRACTOR being the individual, partnership, limited liability company, or corporation with whom the Owner has executed the Contract.

C. The term ENGINEER shall mean Ellis & Associates, Inc. successor, or duly authorized representative.

D. ADDENDA shall mean 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.

E. BIDDER shall mean any individual, partnership, limited liability company, or corporation submitting a BID for the WORK.

F. BONDS shall mean Bid, Performance, and Payment Bonds and other instruments of security, furnished by the CONTRACTOR and his surety in accordance with the CONTRACT DOCUMENTS.

G. CHANGE ORDER shall mean 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.

H. CONTRACT DOCUMENTS shall mean the contract, including NOTICE TO BIDDERS, INSTRUCTIONS TO BIDDERS, PROPOSAL BID BOND, PAYMENT BOND, PERFORMANCE

BOND, CERTIFICATE OF INSURANCE, NOTICE OF AWARD, NOTICE TO PROCEED, CHANGE

ORDER, CONTRACTOR’S AFFIDAVIT TO ACCOMPANY PARTIAL PAYMENT ESTIMATE,

GENERAL CONDITIONS, SUPPLEMENTARY CONDITIONS, DRAWINGS, ADDENDA and

00700-2

SPECIFICATIONS.

I. CONTRACT PRICE shall mean the total monies payable to the CONTRACTOR under the terms and conditions of the CONTRACT DOCUMENTS.

J. CONTRACT TIME shall mean the number of calendar days stated in the CONTRACT DOCUMENTS for the completion of the WORK.

K. DRAWINGS shall mean 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.

L. FIELD ORDER shall mean a written order effecting a change on the WORK not involving an adjustment in the CONTRACT PRICE or an extension of the CONTRACT TIME, issued by the ENGINEER to the CONTRACTOR during construction.

M. NOTICE OF AWARD shall mean the written notice of the acceptance of the BID from the OWNER to the successful BIDDER.

N. NOTICE TO PROCEED shall mean written communication issued by the OWNER to the CONTRACTOR authorizing him to proceed with the WORK and establishing the date of commencement of the WORK; the terms NOTICE TO PROCEED and WORK ORDER are synonymous.

O. PROJECT shall mean the undertaking to be performed as provided in the CONTRACT DOCUMENTS.

P. PROPOSAL shall mean the offer or BID of the BIDDER submitted on the prescribed form setting forth the prices for the WORK to be performed; the terms BID and PROPOSAL are synonymous.

Q. RESIDENT PROJECT REPRESENTATIVE shall mean the authorized representative of the OWNER who is assigned to the PROJECT site or any part thereof.

R. SHOP DRAWING shall mean 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; the terms SHOP DRAWINGS and SUBMITTALS are synonymous.

S. SPECIFICATIONS shall mean a part of the CONTRACT DOCUMENTS consisting of written descriptions of a technical nature of materials, equipment, construction systems, standards and workmanship.

T. SUBCONTRACTOR shall mean individual, partnership, limited liability company, or corporation having a direct contract with the CONTRACTOR or with any other SUBCONTRACTOR for the performance of a part of the WORK at the site.

U. SUBSTANTIAL COMPLETION shall mean that date as certified by the ENGINEER when the construction of the PROJECT or a specified part thereof is efficiently completed, in accordance with the CONTRACT DOCUMENTS, so that the PROJECT or specified part thereof can be utilized for the purposes for which it is intended.

V. SUPPLIERS shall mean any person, supplier or organization who supplies materials or equipment for the

00700-3

WORK, including that fabricated to a special design, but who does not perform labor at the site.

W. WORK shall mean labor necessary to produce the construction required by the CONTRACT DOCUMENTS, and all materials and equipment incorporated or to be incorporated in the PROJECT.

X. WRITTEN NOTICE shall mean any notice to any party of the Agreement relative to any part of this Agreement in writing and considered delivered and the service thereof completed, when posted by certified or registered mail to the said party at his last given address, or delivered in person to said party to his authorized representative on the WORK.

3. DRAWINGS AND SPECIFICATIONS

A. The intent of the Drawings and Specifications 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 Owner.

B. The Engineer will furnish to the Contractor at cost sets of documents that are required by the Contractor for the proper handling of the Work.

C. The Contractor shall keep one set of the Drawings and Specifications on the site of the Work. This set shall be kept current by the addition of all reviewed changes, addenda and amendments thereto. The Drawings shall be keep current for AS BUILT DRAWINGS for the Project and must be submitted to the Engineer at the Project Completion.

D. The Drawings and Specifications are intended to be explanatory to each other, but should any discrepancy appear or any misunderstanding arise as to the importance of anything contained in either, the Engineer shall make the necessary interpretation. Corrections of errors or omissions in the Drawings or Specifications may be made by the Engineer when such corrections are necessary for the proper fulfillment of their intention as construed by the ENGINEER.

E. All work or materials shown on the Drawings and not mentioned in the Specifications, or any work specified and not shown on the Drawings, shall be furnished, performed, and done by the Contractor as if same were both mentioned in the Specifications and shown on the Drawings.

F. Should the Contractor in preparing his bid find anything necessary for the construction of the project that is not mentioned in the Specifications or shown on the Drawings, or find any other discrepancy in the Contract Documents, he shall notify the Engineer so that such discrepancies may be corrected by addendum prior to the bid opening. Should the Contractor fail to notify the Engineer of such discrepancies, it will be assumed that his bid included everything necessary for the complete construction in the spirit and intent of the designs shown.

G. The Contractor may be furnished additional instructions and detail Drawings, by the Engineer, as necessary to carry out the Work required by the Contract Documents. The additional Drawings and instructions thus supplied will become a part of the Contract Documents. The Contractor shall carry out the Work in accordance with the additional detail Drawings and instructions.

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4. DISCREPANCIES IN DRAWINGS, SPECIFICATIONS AND SHOP DRAWINGS

A. In case of a discrepancy on the Drawings, figure dimensions shall govern over scale dimensions and large scale drawings shall govern over small scale drawings. In case of a discrepancy in the Specifications and Contract Documents, detailed technical specifications and special or supplementary conditions shall govern over general conditions and other sections of the Contract Documents. In case of a discrepancy between the Drawings and Specifications, the Specifications shall govern; addenda shall govern over all Drawings, Specifications and Contract Documents. Supplemental Conditions shall govern over these General Conditions.

B. In case of discrepancy between the shop drawings and the requirements of the Drawings, Specifications and Contract Documents, the provisions of the Drawings, Specifications and Contract Documents, the provisions of the Drawings, Specifications, and Contract Documents shall prevail, even though the shop drawings have been reviewed by the Engineer, unless the conflict therein has been specifically waived in writing by the Engineer.

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

5. PREPARATION PROPOSAL FORM

A. Bidder's Proposal must be submitted on the Bid Form furnished him by the Engineer. Bid Forms are not transferable, and will not be removed from the bound Bid Document Book.

B. The Bidder must specify in figures, without interlineation, alterations or erasures, a single Lump Sum price and/or Unit Prices, as set forth in the Bid Form, to completely construct the Work described and shown in the Specifications and Drawings. In the case discrepancy between the prices shown in figures and in words, the words will govern.

C. The Proposal will be properly signed by the Bidder. If the Bidder is an individual, his name and his post office address must be shown; if a firm, partnership or limited liability company, the name and post office address of each member of the firm, partnership or limited liability company must be shown; if a corporation, the president, vice-president or secretary will sign and affix the corporate seal, or if the person signing the Proposal is an agent, the said agent must attach written authorization from the president, vice-president or secretary of the Corporation, and the Proposal must show the name of the Corporation, the name of the state under the laws of which the corporation is chartered, and the names, titles and business addresses of the officers. Corporate information required above will be typed on a separate sheet and submitted with Proposal materials at time of bidding.

6. IRREGULAR PROPOSALS

A. Proposals may be rejected if they contain any omissions, alterations of form, additions not called for, conditional bids, alternate bids unless called for, incomplete bids, erasures, or irregularities of any kind.

Proposals in which the unit or lump sum prices are obviously unbalanced may be rejected.

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7. PROPOSAL GUARANTY

A. No Proposal will be considered unless accompanied by cash or a properly certified check or bid bond made payable to the Owner in the amount indicated, and as provided in the Notice to Contractors.

Cashiers' checks will not be accepted in lieu thereof.

8. DELIVERY OF PROPOSALS

A. Each Proposal for each Contract will be placed, together with the Proposal Guaranty, in a sealed envelope on the outside of which is written in large letters, the name and address of the Bidder, the location and description of the Work as is designated in the Notice to Contractors, and the date and time of the bid opening. Proposals may be delivered in person or by registered mail. When sent by registered mail, the sealed Proposal, marked as indicated above, will be enclosed in another envelope for mailing. Proposals will be received by the Owner, unless otherwise provided, until the hour of the date set in the Notice to Contractors for the opening thereof.

9. WITHDRAWAL OR REVISION OF PROPOSALS

A. A Proposal may be withdrawn at any time prior to the hour fixed in the Notice to Contractors for opening of Proposals, provided a request in writing, executed by the Bidder or his duly authorized representative, is filed with the Owner prior to that time. When such Proposal is reached, it will be returned to the Bidder unopened. Telegrams or written communications to correct Proposals will be accepted and the Proposal corrected in accordance therewith if received by Owner prior to the hour set in the Notice to Contractors for the opening of bids. No Proposal can be withdrawn, modified or corrected after the hour set for opening such Proposals.

10. OPENING OF PROPOSALS

A. Proposals will be opened and read publicly at the time and place indicated in the Notice to Contractors.

Bidders or their authorized agents are invited to be present.

11. DISQUALIFICATION OF BIDDERS

A. Any Bidder using the same or different names for submitting more than one Proposal upon the Work will be disqualified from further consideration on the Work. Evidence that any Bidder is interested, as a principal, in more than one Proposal for the Work contemplated (for example, bidding in a partnership;

as a joint partnership or association and as a partnership association, or individuals) will cause the rejection of any such Proposal.

B. If there is any reason to believe that collusion exists among the Bidders, any or all Proposals may be rejected and those participating in such collusion may be barred from submitting bids on the same or other Work.

12. CONSIDERATION OF PROPOSALS

A. After the proposals are opened and read, the approximate estimated quantity of each item multiplied by the unit price bid for that item and the products calculated and the gross sums bid obtained in each of the acceptable Proposals, the Contract Bid Prices will be compared and the results of such comparison will be made public. Until the final award of the Contract, however, the Owner reserves the right to reject any

00700-6 and all Proposals, and to waive technical errors, if, in the judgment of the Engineer, the best interest of the Owner will thereby be promoted. A Proposal will not be considered unless signed by the Bidder or his authorized agent and accompanied by a certified check, cash or bid bond.

13. AWARD OF CONTRACT

A. The award of the Contract, if it be awarded, will be by the Owner to the low responsive, responsible Bidder whose Proposal will have complied with all the requirements necessary to render it formal. The successful Bidder will be notified by letter mailed to the address shown on his Proposal, that his bid has been accepted and that he has been awarded the Contract.

14. CANCELLATION OF AWARD

A. The Owner reserves the right to cancel the award of any Contract at any time before the execution of the said Contract by all parties without any liability against the Owner.

15. APPROVAL OF CONTRACT

A. The Owner will approve the Contractor's bond and complete the execution of the Contract. No contract will be binding upon the Owner until it has been executed by the Owner.

16. FAILURE TO EXECUTE CONTRACT

A. Should the successful Bidder or Bidders to whom the Contract is awarded fail to execute a Contract and furnish acceptable Contract security, the Owner will retain from the Proposal Guaranty, if it be certified check, or recover from the principal on the sureties if the guaranty be a bid bond, the difference between the amount of the Contract as awarded and the amount of the Proposal of the next lowest Bidder. If no other Bids are received, the full amount of the Proposal Guaranty will be retained or recovered as liquidated damages for such default. Any sums so retained or recovered will be the property of the Owner.

17. ALTERATION OF DRAWINGS AND CHARACTER OF WORK

A. The Engineer may without notice to the Surety and without change in any bid unit prices, make alterations in the Drawings or in the nature of the Work which he may consider necessary or desirable during the progress of the Work to complete fully and acceptably the proposed construction. Alterations provided for herein will not be considered as a waiver of any of the conditions of the Contract or invalidating any of the provisions thereof, and the Contractor will perform the Work as increased or decreased and no allowances will be made for anticipated profits. The Engineer may, under this reservation, increase or decrease any or all of the quantities of any bid items as set out in the Proposal and such increase or decrease will not be considered as a waiver of any conditions of the Contract or Contract Bonds.

18. EXTRA WORK

A. At any time during the Progress of the Work performed under this Contract, the Engineer may order other work or materials incidental thereto. If any such work and material is not listed as a pay item with a contract unit bid price, or compensation therefor is not included in the contract unit prices bid for other pay items under the items of the Contract, it will be designated as Extra Work, and will be performed by the Contractor as directed, provided, however, that before Extra Work is started the Contractor will comply with SECTION 01035, Change Order Procedures.

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19. COMPLIANCE WITH LAWS, ORDINANCES AND REGULATIONS

A. The Contractor will at all times observe and comply with all Federal, State and local laws and ordinances, orders, decrees, codes, and regulations existing or enacted subsequent to the execution of the Contract which in any manner affect the prosecution of the Work. The Contractor and his Surety will indemnify and save harmless the Owner, Engineer and all of their representatives or agents against any suits or actions of any kind or nature brought, or which may be brought, against them for any claim or liability arising from or based on the violation of any such law, ordinance, regulation, order, codes, or decree, whether by himself, his employees or his sub-contractors and their employees.

20. LICENSES AND PERMITS

A. The Contractor will procure all licenses and permits, pay all charges, and give all notices necessary and incident to the due and lawful prosecution of the Work. Contractors are advised to contact the authorities having jurisdiction in the area of the Work as to the costs associated with building permits, licenses and inspection fees required for this Project.

21. PATENTED DEVICES, MATERIALS AND PROCESSES

A. The Contractor will pay the costs of all royalties, license fees and patent fees involved by use, or manner of use, in the work of all designs, devices, materials, equipment or processes, and the Contractor will provide for such use or manner of use by legal agreement with the Owner of the patent or a duly authorized licensee of such Owner. All such costs referred to hereinabove will be included in the price or unit prices bid for the Work under this Contract.

B. The Contractor and the Surety will indemnify and save harmless the Owner and Engineer and all their representatives from any and all suits, costs, penalties, or claims for infringement by reason of the use of any such patented design, device, material, or process, or any trademark or copy right in connection with the Work agreed to be performed under the Contract; and will indemnify the Owner, the Engineer and all their representatives for any costs, expenses and damages which it or they may be obliged to pay any reason of such infringement or alleged infringement at any time during the prosecution or after the completion of the Work.

22. SAFETY

A. The Contractor will at all times comply with the requirements of "Safety and Health Regulations for

Construction" of the Occupational Safety and Health Administration, U.S. Government Department of Labor, and of other authorities having jurisdiction in Safety Matters. In the prosecution of his work the Contractor will observe all precautions and safety provisions as outlined in the "Manual Of Accident Prevention in Construction", as published by the Associated General Contractors Of America, to the extent that such provisions are not inconsistent with applicable laws or regulations.

B. Under the terms and conditions of this Contract, the Engineer shall not act as Safety Engineer or Safety Supervisor, since such responsibility remains solely with the Contractor. The Engineer shall not be responsible for establishing safety procedures or for prescribing safety measures for the Contractor.

C. The Contractor will be solely and completely responsible for conditions of the job site, including safety of persons and property affected directly or indirectly by his operations during the performance of Work;

and this requirement will not be limited in application to normal working hours, but will apply

00700-8 continuously twenty-four (24) hours per day until acceptance of work by the Owner, and thereafter will be subject to the terms and conditions of the Guaranty.

D The duty of the Engineer to review the Work in order to determine its acceptability in accordance with the Specifications, and to conduct construction review of the Contractor's performance for the benefit of the Owner, will not be construed as a duty to review the adequacy of the Contractor's safety measures on or near the construction site and/or to direct the actions of the Contractor's employees in the performance of the Work as such a duty is not included in the responsibilities of the Engineer.

23. PUBLIC CONVENIENCE

A. The Contractor shall provide and maintain for the safe use of such temporary roads as may be necessary to provide convenient access to driveways, houses, buildings, or other property abutting the Work. Where temporary bridges are necessary for the safe use of traffic and pedestrians, these bridges shall be constructed at the expense of the Contractor.

B. The Contractor’s work shall not cause undue or prolonged blocking of business establishments .

C. Materials and equipment stored on the Right-of-Way or Project Site shall be so placed and the Work at all times shall be so conducted as to insure minimum danger and obstruction to…