Project Documents_Invitation for Bid_Dispatch_HVAC_Air Handler Controls_FINAL.pdf

PROJECT DOCUMENTS FOR

Invitation to Bid for

Dispatch Center Air Hander and Controls Replacement

For Ozaukee County

Justice Center 1201 Spring Street

Port Washington, Wisconsin

Instructions to Prospective Bidders 2

Bid Proposal 7

Special Provisions 10

Contract 12

Payment and Performance Bond 16

General Conditions 20

Invitation for Bid

Dispatch Center Air Handler and Controls Replacement

INSTRUCTIONS TO PROSPECTIVE BIDDERS

III. Scope of Work:

A. The Work under these Project Documents includes development for the replacement of the Air Handler and Controls. The successful prospective contractor shall furnish all labor, materials, and equipment necessary to complete the work.

B. Unless otherwise specified herein, the prospective contractor shall supply all things required (including tools, materials, consumable supplies, labor and insurance) to complete the work shown, described, or intended in this contract. It is the prospective contractor’s responsibility to request any clarifications or substitutions.

Any errors or omissions that would impact the project will be borne by the prospective contractor.

C. All general proposal questions and requests to inspect the site should be directed to

Ryan Tackes, Justice Center Building Superintendent, Ozaukee County at rtackes@ozaukeecounty.gov or (262) 284-8399.

2. Preparation of Proposal:

Bid proposal shall be firmly sealed in a proposal envelope labeled “Dispatch Center Air Handler and Controls Replacement Bid Proposal” and delivered to the office designated in the Advertisement for Proposals.

All proposals are to be made out in accordance with the Instructions and on the Bid Proposal Forms furnished by the Owner and included in this document.

Only Bid Proposals which are made out upon the regular Bid Forms included in this document will be considered. THE PROPOSAL FORMS MUST NOT BE SEPARATED

FROM THIS DOCUMENT.

3. Bid Security:

No Bid will be considered unless accompanied by a certified check, bank draft, or bonds, as defined in the Request for Proposals, payable to the Owner as a guarantee that if the bid is accepted the Contractor will execute and file the proposed Contract and Performance Bond (and Labor and Materials Bond, if required) within ten (10) days from the date of the award mailto:rtackes@ozaukeecounty.gov of the contract. On failure of the Contractor to execute the Contract and required Bonds, he will forfeit the deposit as agreed liquidated damages, and the acceptance of the Bid will be contingent upon the Contractor agreeing to this provision.

The bid security of the Contractors will be held until a Contract is executed and approved and then the balance of the proposal securities submitted will be returned within ten (10) days after the opening of proposals.

4. Examination of Site and Specifications:

(a) Contractors shall inform themselves of all the conditions under which the work is to be performed concerning the site of the work, the structure of the ground, the obstacles which may be encountered, whether shown on the plans or not, and all other relevant matters concerning the work to be performed.

The Contractor to whom a Contract is awarded will not be allowed any extra compensation by reason of any such matters or things concerning which the Contractor did not inform himself prior to submitting a proposal. The successful Contractor must employ, as far as possible, such methods and means in the carrying out of his work as will not cause any interruption or interference with the operation of the facility or with any other Contractors.

(b) The Contractor is expected to base bid pricing on materials and equipment complying fully with the Contract Specifications, and in the event, he names or includes in his bid materials or equipment which do not conform, he will, if awarded a contract, be responsible for furnishing materials and equipment which fully conform at no change in the Contractor’s contact price.

(c) Contractor must satisfy themselves by personal examination of the locations of the proposed work and by such other means as they may prefer as to the correctness of any quantities listed in the Bid, and shall not, after submission of their Bid, dispute or complain of such estimate, nor assert that there was any misunderstanding in regard to the nature or amount of work to be done.

(d) Before submitting a Bid, each Contractor should read the complete Project

Documents, Instructions to Bidders, the Form of Contract, all of which contain provisions applicable not only to the successful Contractor, but also to any of the Contractor’s subcontractors.

5. Interpretation of Proposed Project Documents:

If any person contemplating submitting a bid for any contract on this project is in doubt as to the true meaning of any part of the Contract Specifications, or other sections of the Contract Document, they may submit to the Owner a written request for an interpretation thereof. The person submitting the request will be responsible for its prompt delivery.

Any interpretation of the Project Document will be made only by addendum duly issued or delivered to each person receiving a set of such documents. The Owner will not be responsible for any other explanations or interpretations of the Project Documents or Contract.

6. Bid Requirements:

(a) Each Contractor shall submit only one Bid.

(b) Each Contractor must submit with his Bid, special data, if any, in respect to items of equipment, alternates, or other items which any section of the Contract Document requires to be submitted with each Bid.

7. Conditions in Contractor’s Bid:

A Contractor shall not stipulate in the Bid any conditions not contained in the Form of Bid contained in the Project Documents.

8. “Or Equal” Clause:

Whenever in any section of the Project Documents any article, material, or equipment is defined by describing a proprietary product by using the name of a manufacturer or vender, the term “or equal,” if not inserted shall be implied. The specific article, material, or equipment mentioned 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 manufacturer’s products of comparable quality, design and efficiency, as approved by the Owner.

If any Contractor proposes to furnish an item or material which he claims to be of equal value, utility, or merit to a named product or material in the specification, the Contractor, supplier, or manufacturer shall submit a written statement to Ozaukee County 5 days prior to the proposal opening. The statement shall name and describe the item or material claimed to be equal and shall include supporting data along with a request for approval.

9. Standard Manufacturer:

Whenever the terms “standard,” “recognized,” or “reputable” manufacturer are used, they shall be construed as meaning manufacturers who have been engaged in the business of fabricating materials, equipment or suppliers of the nature called for by the Specifications for a reasonable period of time prior to the date set for opening of proposals, and who can demonstrate to the satisfaction of the Owner that said manufacturer has successfully installed equipment, materials or supplies of the type proposed to be furnished in at least three instances and that the performance of such materials, equipment or supplies has been satisfactory.

Manufacturers who have been engaged in the business of manufacturing said materials, equipment or supplies for a period of over twelve months prior to the date fixed for opening bids shall, unless a longer period of time is specifically stated in the Specifications, prima facie be deemed to have been engaged in such business for a reasonable length of time.

10. Withdrawal of Bid:

Any Contractor may withdraw their bid at any time prior to the scheduled closing time for the receipt of proposals, but no proposal may be withdrawn after the scheduled closing time for the receipt of proposals within the period of time stated in the Advertisement for Bids.

11. Signing of Bid:

(a) Bids which are not signed by individuals making them shall have attached thereto a power of attorney evidencing authority to sign the proposal in the name of the person to whom it is signed.

(b) Bids which are signed for a co-partnership shall be signed by all of the co-partners or by an attorney-in-fact. If signed by an attorney-in-fact, there shall be attached to the proposal a power of attorney, evidencing authority to sign the proposal.

(c) Proposals which are signed for a corporation shall have the correct corporate name thereof signed in handwriting or in typewriting, and the signature of the president or other authorized officer of the corporation should be manually written below the written or typewritten corporate name following the word

“BY________________________________________.”

(d) For any legal entity, the authority of the person signing for such legal entity shall be attached to the Proposal.

12. Definition of Award:

The contract shall be deemed to have been awarded when formal notice of award has been duly served upon an intended awardee (i.e., the Contractor to whom the Owner contemplated awarding a contract) by some officer or agent whom the Owner duly authorized to give such notice.

13. Execution of Contracts and Bonds:

Each contract must be executed in four (4) original counterparts and no more, and there shall be executed original counterparts of the Contractor’s Performance Bond (and Labor and Materials Bond, if required) in equal number to the executed original counterpart of the Contract. Three copies of such executed documents will be retained by the Owner, the other one will be delivered to the Contractor. The successful Contractor must provide compensation insurance and public liability as outlined in the General Conditions of the Contract. The costs of executing the bonds and contract insurance, including all notary fees and expenses are to be paid by the Contractor to whom the contract is awarded.

14. Commencement and Completion of Work:

Upon award of a Contract, the Owner shall determine the date on which the Contractor shall commence work. This date will not be prior to the time stated in the Proposal Form.

Attention to all prospective Contractors is also directed to the number of calendar days stated in the Bid Form for completion of the work to the point of final acceptance by the Owner.

15. Make-up of Contract Document:

The attention of Contractors is directed to the make-up of this Contract Document. The specifications governing work to be performed on this project and included in this document are composed of Project Specifications, Special Provisions, and Bid Forms.

16. Payment:

Contractors will be paid at intervals stated in the Contract.

17. Award of Contract:

It is the intent of the OWNER to award the Contract to a responsible prospective contractor or prospective contractors provided the bid has been submitted in accordance with the requirements of the Project Documents and does not exceed the funds available.

The right is reserved by the OWNER to reject any or all proposals; to accept an alternate proposal; to waive technicalities; to re-advertise for proposals; and to accept the proposal which in its judgment, is deemed most advantageous for the OWNER.

Dispatch Center Air Handler and Controls Replacement

BID PROPOSAL

TO: Ozaukee County 121 W Main Street Port Washington, WI 53074-0994

The undersigned having become familiar with the local conditions effecting the cost of the work and with the Project Documents including the form of Proposal, Form of Contract, Special Provisions, Specifications, and Addenda and Exhibits issued and attached to the Official Contract Document on file in the office of the Ozaukee County, hereby proposes to perform everything required to be performed and to provide and furnish all of the labor, materials, necessary tools, equipment, expendable and otherwise and all utility and transportation services necessary to perform and complete in a workmanlike manner all of the work required for and the work described in the following Bid Schedule, in accordance with the following specifications as prepared by Ozaukee County including Addenda Nos. ___,___,___, and ___, issued thereto for the sums set forth in the following Proposal Schedule.

I. BID LUMP SUM

D. State the amount to provide the replacement of the Air Handler and Controls. The controls to be converted from Pneumatic Controls to DDC. The controls shall be incorporated into the Current Johnson Controls Metasys Operating System, including all labor and material to design, furnish and install and the related work of other trades described herein.

BID LUMP SUM $_________________

Total Bid Price(in dollars written)______________________________________________

II. BID CONDITIONS:

(1) TOTAL BID PRICE:

The Undersigned has carefully checked the above Bid Price Schedule against the provisions of the Request for Proposal and Project Documents before preparing this Bid and accepts as correctly listing the complete work to be done in accordance with the Request for Proposal, Project Documents.

(2) BID SECURITY

Accompanying this Bid is a (Certified Check) (Bank Draft) (Bid Bond) in the amount of $___________________________________DOLLARS ($_______________) payable to (which protects) the Owner, and which it is agreed, will be retained by the Owner as liquidated damages if the undersigned fails to execute the Contract in conformance with the form of Contract incorporated in the Project Documents, and furnish a Performance Bond as specified within ten (10) days from the notification of the award of the Contract to the undersigned.

In submitting this Bid, it is understood and agreed by the undersigned, that the right is reserved by the Owner to reject any or all Bids. It is further understood and agreed that this Proposal may not be withdrawn for a period of sixty (60) days from the opening thereof.

(3) STARTING AND COMPLETION

If awarded a contract under this proposal, the undersigned agrees to commence work on the project within ten (10) days after receipt of formal notice to proceed from Ozaukee County. Ozaukee County anticipates awarding this contract September 26, 2025, and anticipates issuing the formal notice to proceed after October 6, 2025.

Construction to start on or about October 15, 2025. All work shall be substantially completed by December 31, 2025.

(4) SUBCONTRACTOR LISTING

The undersigned proposes to employ the following listed subcontractors for the following enumerated classes of work and not to alter or add to such a list without the written consent of the owner.

Class of Work Subcontractor/Supplier Name Percent (%) Value of Total

Proposal Price 1.

2.

3.

4.

5.

I hereby certify that all statements are made on behalf of __________________________________ Name of Co. Submitting Bid

__________________, State of ___________________________, that I have examined and carefully prepared this proposal from the specification and have checked the same in detail before submission;

that I have full authority to make such statements and proposal in (its, their, my) behalf, and that said statements are true and correct.

Signed By:____________________________________ Date:__________________

Title:_________________________________________

Company:_____________________________________

SPECIAL PROVISIONS

1. INSURANCE AND LIABILITY

The Contractor and the Surety will be held responsible for and shall save the Owner (Ozaukee County,) harmless from all liability for damages occasioned by the digging up, use or occupancy of the street, alley, highway, public grounds and private grounds or which may result therefrom, or which may result in any way from the negligence or carelessness of the Contractor, his agents, employees or workmen; or by reason of the elements, unforeseen or unusual difficulties, obstructions, or obstacles encountered in the prosecution of the work; and they shall indemnify the Owner for and save it harmless from all claims and liabilities, actions and causes of action, and liens for materials furnished or labor performed in the construction or execution of the work, and from all costs, charges and expenses incurred in defending such suits or actions, and from and against all claims and liabilities for injury or damage to persons or property emanating from defective or careless work methods, or from and against all claims or liabilities for royalties, license fees, actions, suits, charges and expenses or damage from infringement for reason of the use of any invention or improvement in tools, equipment or plant or any process, device or combination of devices used in the construction of the work.

The Contractor shall not commence work under a Contract until obtaining all insurance required under this paragraph and has filed certificates thereof with the Owner, nor shall the Contractor allow a Subcontractor to commence work until all similar insurance required has been so obtained and filed.

A. Workmen’s Compensation

Statutory coverages as required by chapter 102 of the Revised Statutes of the State of Wisconsin for the year 1967 and all acts amendatory thereof and supplementary thereto, for all employees of the contractor. All subcontractors shall furnish to the Contractor and to Ozaukee County, evidence of similar insurance for all of their respective employees unless such employees are covered by the protection afforded by the contractor.

B. Comprehensive General Liability and Property Damage Insurance

Coverage to include operations; contractor’s protective insurance, products coverage and completed operations; contractual coverage; underground coverage; blasting, explosion and collapse; all subject to the following limits:

Bodily Injury $1,000,000 Per Person $2,000,000 Aggregate

Property Damage $500,000 Per Occurrence $500,000 Aggregate

C. Comprehensive Automobile Liability and Property Damage

Operation of owned, hired and non-owned motor vehicles:

Bodily Injury $1,000,000 Per Person $1,000,000 Per Occurrence

Property Damage $1,000,000 Per Occurrence

2. PERMITS

All Federal, State, and Local permits which may be required for the construction of the three Solar Electric PV Systems on the Administration Center, Justice Center and Highway Shop work shall be obtained, filed, and paid for by the Contractor.

3. PAYMENT AND PERFORMANCE BOND – WAIVERS OF LIEN

The Contractor shall be required to furnish a Payment and Performance Bond, including labor and materials, in the amount of the total amount of the Contract. Said Bond shall name the Owner and be delivered to the Owner at the time of execution of the Contract. The Contractor shall be required to file waivers of lien from all suppliers, subcontractors, etc., with the Owner prior to receiving payment on the project.

4. SITE RESTORATION

Unless otherwise noted, site restoration shall include restoration of all disturbed site improvements, including but not limited to, protective barriers, asphalt pavement, concrete curb and gutter, concrete pavement, landscaping materials and building facilities, unless noted otherwise on the plans.

5. SITE SAFETY

The Contractor shall exercise extreme safety precautions while working under this contract.

The Contractor will be required to shield all open excavations from pedestrian and vehicular traffic during and at the end of each working day.

CONTRACT

CONTRACT

THIS CONTRACT made on the day of , 2025 by and between.

Hereinafter called the ‘CONTRACTOR’ and Ozaukee County, Wisconsin, hereinafter called the

“OWNER”

WITNESSES that the Contractor, and the Owner of the consideration stated herein agree as follows:

ARTICLE I. SCOPE OF WORK

The Contractor shall perform everything required under these Project Documents, which includes development of the HVAC Air Handler and Controls Replacement. The Invitation for Bids including any and all addenda prepared by Ozaukee County are made part of the Contract, and in strict compliance with the Contractor’s Proposal and the other sections of the Project Documents.

ARTICLE II. THE CONTRACT PRICE

The Owner shall pay to the Contractor for the performance of this Contract, subject to any additions or deductions provided herein, in current funds, the contract price as follows:

Total Lump Sum Price___$________________________________________

D. One Lump Sum price for all labor and materials for the replacement of the Air Handler and

Controls, including all labor and material to construct, furnish and install and the related work of other trades described herein, including the related work of other trades such as General Construction and Electrical as specified in the Project Documents, for a single Lump Sum.

The foregoing Total Bid Price shall be the basis for establishing the amount of Payment and Performance Bond. It is understood and agreed that payment shall be made on the basis of the lump sum bid amount for the work.

ARTICLE III. SPECIAL CONTRACT REQUIREMENTS

1. Component Parts of the Contract

Each Contract consists of the following component parts, all of which are as fully a part of this Contract as if herein set out verbatim, or, if not attached, as if attached hereto:

1. This Instrument

2. Addenda Nos. _ and ___.

3. Special Provisions of the contract

4. General Conditions

5. Instructions to Prospective Contractors

6. Advertisement for Proposals

7. Contractor’s Bid Proposal

8. County’s Request for Proposal

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.

This Contract is intended to conform in all respects to applicable statues of the State of Wisconsin, and if any part or provision of this Contract conflicts therewith, the said statute shall govern.

2. Starting and Completion

If awarded this contract, the undersigned agrees to commence work on the project within ten

(10) days after receipt of formal notice to proceed from Ozaukee County.

Ozaukee County anticipates awarding this contract on or about September 26, 2025 and anticipates issuing the formal notice to proceed on or about October 6, 2025.

All work on this Contract, shall be substantially completed by December 31st, 2025 and fully completed to the satisfaction of Ozaukee County.

3. Liquidated Damages for Delay

The Contractor guarantees that he can and will complete the work within the time limit stated in the Contract Documents, or within the time as authorized and extended by the Owner.

Inasmuch as the damage and loss to Ozaukee County which will result from the failure of Contractor to complete the work within the stipulated time, will be most difficult or impossible of accurate assessment, the damages to Ozaukee County for such delay and failure on the part of the Contractor shall be liquidated in the sum of Five Hundred Dollars ($500.00) for each calendar day, Sundays and Holidays included, by which the Contractor shall fail to complete the work or any part thereof in accordance with the provisions hereof, and such liquidated damages shall not be considered as a penalty. If the Owner can, with certainty, establish actual damage and loss to the Owner caused by the Contractor’s failure to complete the project on time, and that amount is higher than the liquidated damages provided for herein, then at its option Owner may charge against the contract monies due said actual damages rather than liquidated damages.

IN WITNESS THEREOF, the parties hereto have caused this instrument to be executed in three original counterparts, the day and year first written above.

CONTRACTOR:

Company Name:

Seal:

Authorized Agent Title Date

Attest Date

OZAUKEE COUNTY

Seal:

Jason Dzwinel, County Administrator Date

Kellie Kretlow, County Clerk Date

PAYMENT AND PERFORMANCE BOND

INSTRUCTIONS FOR EXECUTION OF PAYMENT BOND AND EXECUTION OF

PERFORMANCE BOND

The penal amount of the Payment and Performance Bond for a unit price Contract shall be the summation of the correct and checked extension of the unit prices with the estimated number of units.

The form of bonds attached hereto shall be used for each Contract. This form contemplates one corporate surety only. In case co-sureties will be furnished, proper forms therefrom shall be obtained.

If the principal is an individual, his full legal name, and residence shall be inserted in the body thereof, and he shall sign the bond with his usual signature on the line opposite the scroll seal.

If the principals are partners, their individual names shall appear in the body of the bond, with the recital that they are partners composing a firm, naming it.

If the principal is a corporation, the name of the State in which incorporated shall be inserted in the appropriate place in the body of the bond. Said instrument shall be executed and attested under the corporate seal as indicated in the form. If the corporation has no corporate seal, the fact shall be stated, in which case a scroll or adhesive seal shall appear following the corporate name. This also applies to execution by the surety.

If persons other than the President and Secretary are executing the Contract, then a copy of the Corporate Resolution adopted by the Board of Directors authorizing the parties to bind the corporation to this Contract must be attached to this Contract.

The date of the bond must not be prior to the date of the Contract for which it is given.

A Power of Attorney authorizing the execution of the bond by an attorney-in-fact, or Agent, shall be attached to the executed counterpart of the bond. If the bond is executed by an out-of-state agent, the executed counterpart of the bond shall be countersigned by a licensed resident agent.

PAYMENT AND PERFORMANCE BOND

KNOW ALL MEN BY THESE PRESENTS, that________________________________ as

Principal, and ________________________________________________________________ as

Surety, are held and firmly bound unto____________________________________________

______________________________________________________________________________ in the full and just sum of __________________________________________________ Dollars

($______________________________) lawful money of the UNITED STATES OF AMERICA for the payment of which sum of money well and truly to be made, we bind ourselves, heirs, executors, administrators, successors and assigns, jointly and severally, firmly by these presents.

WHEREAS: The Principal has entered into a certain written Contract, dated the _____ day of ____________________, 20____, with the _____________________________________ for___________________________________________________________________________ complete, as described in the foregoing Contract and Article of Agreement.

NOW THE CONDITIONS OF THIS OBLIGATION ARE SUCH, that if the said Principal shall in all respects well and truly keep and perform the said contract, and shall pay all sums of money due or become due, for any labor, materials, apparatus, fixtures or equipment furnished for the purpose of constructing the work provided in said Contract, and shall defend, indemnify and save harmless said ______________________________________________ against any and all liens, encumbrances, damages, claims demands expenses, costs and charges of every kind except as otherwise provided in said specifications and other Project Documents, arising out of or in relations to the performance of said work and the provisions of said Contract, and shall remove and replace any defects in workmanship or materials which may be apparent or may develop within a period of one (1) year from the date of final acceptance, then this obligation shall be null and void; otherwise it shall remain in full force and effect.

And said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, or to the work to be performed thereunder or the specifications accompanying the same shall in anyway affect its obligation on this bond, and it does hereby waive notice of any such change, extenuation of time, alteration or addition to the terms of the Contract or to the work or to the specifications.

IN WITNESS WHEREOF, we have hereunto set our hands and seals this ______ day of

___________________________________, 20_______

___________________________________(SEAL)

WITNESS: ___________________________________(SEAL)

___________________________________(SEAL)

(IF INDIVIDUAL OR FIRM)

ATTEST:

(IF CORPORATION)

ATTEST:

SURETY

APPROVED_______________, 20_____ ______________________________________

SURETY

TITLE

GENERAL CONDITIONS

GENERAL CONDITIONS TO THE CONTRACT

DEFINITIONS

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

(a) “Project” The entire improvement proposed by the Owner to be constructed in whole or in part pursuant to the within Contract or Contracts.

(b) “Owner”

The contracting party initiating the project as set forth in the Contract acting through its authorized representative in accordance with specific duties delegated to such representative.

(c) “Contractor”

The person, persons, firm or corporation to whom the within Contract is awarded by the Owner, and who is subject to the terms of said Contract. Also the agents, employees, workmen, or assignees of the Contractor.

(d) “Subcontractor”

A person, firm or corporation, other than the Contractor, supplying labor and materials or labor only, on work at the site of the project.

(e) “Work”

All materials, labor, supervision, use of tools, and equipment necessary to complete the project in full compliance with the terms of the Contract.

(f) “Engineer”

Engineer(s) appointed by the Owner for the supervision of construction of the project.

(g) “Bidder” The term “Bidder” shall refer to a firm who submits a response to this specification.

(h) “Surety”

The person, firm or corporation that has executed as Surety the Contractor’s Performance Bond, securing the performance of the within Contract. Also the person, firm or corporation that has executed as Surety the Contractor’s payment bond which guarantees payment to all persons supplying labor and material utilized in the prosecution of the work included in the Contract.

(i) “Notice”

Where in any section of the Contract Document there is any provision in respect to the giving of any notice, such notice shall be deemed to have been given (as to the Owner) when written notice shall be delivered to the Owner, or shall have been placed in the United States mails, addressed to the Highway Commissioner or County Clerk of the Owner, at the place where the bids or proposals for the Contract were opened; (as to the Contractor) when a written notice shall be delivered to the Chief Representative of the Contractor at the site of the project to be constructed under the Contract, or when such written notice shall have been placed in the United States mails, addressed to the Contractor at the place stated in the Proposal as the address of his permanent place of business; (as to the Surety) on the Performance Bond when a written notice is placed in the United States mails, addressed to the Surety at the home office of such Surety, and when two (2) copies of such notice shall have been filed with the Owner

INTENT OF CONTRACT DOCUMENTS

The Sections of the Contract Document are complementary and what is called for by any one shall be binding as if called for by all. The intention of the Contract Document is to include in the contract price the cost of all labor and materials, water, fuel, tools, plants, equipment, light, transportation, and all other expenses as may be necessary for the proper execution and completion of the work included in the Contract.

In interpreting the Contract Documents, words describing materials 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 meanings recognized by Consultants, Engineers, and the trade.

EXISTING UTILITIES AND PIPING

It shall be the responsibility of the Contractor to make all necessary arrangements with the utility companies to locate their facilities including service laterals in the field during construction operations and to relocate any portions of their facilities as required to permit the installation of work included in these Contracts.

SHOP DRAWINGS

The Contractor, as soon as possible, after the approval of the source and purchase of items of materials and equipment, shall submit to the Owner, shop or setting drawings and schedules for every item of equipment or material to be incorporated in the work which is fabricated or manufactured off the site, including but not limited to those pertaining to structural and reinforcing steel, electrical, plumbing, carpentry, heating and ventilation. The Contractor shall make any corrections in the drawings required by the Owner or the Consultant and re-submit same without delay, together with drawings first submitted. Six (6) final copies of all corrected and approved shop or setting drawings shall be submitted to the Owner or Consultant who, after checking, will retain three (3) copies and return three (3) copies to the Contractor.

The Owner or Consultant’s approval of shop drawings of equipment and materials shall extend only to determining the conformity of such equipment and materials with the general features of the Contract. It shall be the responsibility of the Contractor to determine the correctness of all dimensions and minor details of such equipment and materials so they will fit into the completed work, and so that when incorporated in the work, correct operation will result.

SCHEDULE OF EQUIPMENT ITEMS

As soon as possible after the execution of the contract on all contracts incorporating manufactured items, the contractor shall submit to the Owner for approval, the name of the manufacturer of each item proposed to be purchased, together with a complete description of the item and catalog cuts. No final purchase of major equipment shall be made until the written approval of the Owner is obtained, and no deviation from the selected manufacturers as stated in the Contract will be accepted.

INSPECTION

The Owner and their representative shall at all times have access to the work wherever and whenever it is located in performance or progress, and the Contractor shall provide proper facilities for such access and inspection.

The Owner or Consultant shall have the right to reject materials and workmanship which are defective, or to require their correction. Rejected workmanship shall be satisfactorily corrected, and rejected materials shall be removed from the premises without charge to the Owner. If the Contractor does not correct such condemned work and remove rejected materials within a reasonable time fixed by written notice, the Owner may remove them and charge the expense to the Contractor.

Should it be considered necessary or advisable by the Owner at any time before final acceptance of the entire work, or at any other time, to make an examination of work already completed by removing or tearing out same, the Contractor shall on request promptly furnish all necessary facilities, labor and materials. If such work is found to be defective in any material respect due to fault of the Contractor or their subcontractors, the Contractor shall bear all the expense of such examination and of satisfactory reconstruction. If, however, such work is found to meet the requirements of the Contract, the actual cost of labor and materials necessarily involved in the examination and replacement, plus 15% will be allowed the Contractor.

All materials to be incorporated in the work, all labor performed, all tools, appliances and methods used shall be subject to the inspection and approval or rejection of the Owner.

If any authorized agent of the Owner shall point out to the Contractor, Contractor foreman or agent, any neglect or disregard of the contract provisions, such neglect or disregard shall be remedied and further defective work be at once discontinued, but the right of final acceptance or rejection of the work will not be waived by reason thereof, not by any other act of the Owner or its agents.

The Contractor shall, at times, be executing the work in the presence of the Owner or

Consultant or Inspector during the working hours of the day. The presence of the Owner or Consultant or Inspector shall in no way relieve the contractor of the responsibility of his contract, or be any warrant for furnishing of bad material or poor workmanship.

The inspection of the work by the Owner or Consultant is intended to aid the Contractor in applying labor, materials and workmanship in compliance with the contract provisions. Such inspection, however, shall not operate to release the Contractor from any of his contract obligations.

SUPERINTENDENCE

The Contractor will give personal superintendence to the work, or have at the site of the work, at all times, a competent foreman, superintendent, or other representative, satisfactory to the Owner and having the authority to act for the Contractor.

Insofar as is practicable, and excepting in the event of discharge by the Contractor, or in the event of proven incompetence, the individual who has been accepted by the Owner to represent the contractor shall so act, and shall follow without delay instructions of the Engineer in the prosecution of the work in conformity with the contract.

LABOR

The Contractor shall employ none but competent and skilled workmen and foremen in the prosecution of work on this Contract. The Owner shall have the authority to order the removal from the work any Contractor’s employee who refuses to or neglects to obey any of its instructions or those of the Consultant or Inspectors, relating to the carrying out of the provisions and intent of the provisions of the Contract, or who is incompetent, unfaithful, abusive, threatening or disorderly in conduct, and any such person shall not again be employed on this project.

PROTECTION OF WORK

The Contractor shall continuously maintain adequate protection of all work from damage, and shall protect the Owner’s and adjacent property from injury arising in connection with this Contract.

The Contractor shall be responsible for any and all damage to property, public or private, that may be caused by said Contractor’s operations in the performance of the Contract, and the contractor shall defend any suite that may be brought against them and/or the Owner on Account of damage inflicted by the Contractor’s operations, and shall pay any judgments awarded to cover such damage.

COST OF SERVICES

The Contractor shall be required to pay the established water rates obtained from the Owner.

Large quantities of water for masonry cleaning, repointing, or other operations shall be drawn only at night, or at times specifically authorized by the Owner.

USE OF JOB SITE

The Contractor shall confine equipment, apparatus, the storage of materials and operations of workman to limits indicated by the law, ordinances, permit or directions of the Owner and shall not encumber the premises with Contractor materials.

The Contractor shall not load or permit any part of the structure to be loaded with a weight that will endanger its safety. The contractor shall observe and enforce the Owner’s instructions regarding signs, advertisements, fires and smoke.

USE OF PRIVATE LAND

The Contractor shall not use any vacant lot or private land as a plant site, depository for materials, as a spill site, or for any other purpose without the written authorization of the Owner of the land (or his agent). A copy of written authorization shall be filed with the Owner.

ACCESS TO PRIVATE PROPERTY AND SCHEDULE OF CONSTRUCTION

Prior to commencement of any work under this Contract, the Contractor shall confer with the

Engineer and other representative of the Owner and prepare a detailed schedule of construction operations.

This schedule shall be subject TO THE APPROVAL OF THE Owner, and the Owner reserves the right to subsequently modify the schedule should he deem it necessary.

All construction work shall be prosecuted in a fashion which will cause a minimum of interference with pedestrian and vehicular traffic. Access to alleys and private driveways shall also be provided as soon as possible.

At the close of each day’s construction work, at least two lanes of traffic, one in each direction, shall be maintained on all streets.

SUBCONTRACTS

The Contractor shall notify the Owner, in writing, of the names of the subcontractors proposed on the Contract and shall not employ any subcontractors until the Owner’s approval in writing has been obtained.

The Contractor agrees to be fully responsible to the Owner for the acts or omissions of their subcontractors and of anyone employed directly or indirectly by them, and this Contract obligation shall be in addition to the liability imposed by law upon the Contractor.

Nothing contained in the Contract Documents shall create any contractual relationship between any subcontractors and the Owner. The Contractor agrees to bind every subcontractor (and every subcontractor of a subcontractor) by the terms of the General and special Provisions of the Contract, as far as applicable to their work, unless specifically noted to the contrary in a subcontract approved in writing as adequate by the Owner.

ASSIGNMENT OF CONTRACT

No assignment by the Contractor of any construction contract, or any part thereof, or of the funds to be received there under by the Contractor, will be recognized, unless such assignment has had the written approval of the Owner and the Surety has been given due notice of such assignment and has furnished written consent thereto. Such written approval by the Owner shall not relieve that Contractor of the obligations incurred under the terms of this Contract. In addition to the usual recitals in assignment contracts, the following language must be set forth:

“It is agreed that the funds to be paid to the assignee under this assignment are subjected to a prior lien for services rendered or materials supplied for the performance of the work called for in said contract in favor of any persons, firms, or corporations rendering such services or supplying such materials”.

OTHER CONTRACTS

The Owner may award other contracts for additional work at the site of the project (or other locations) and the Contractor shall fully cooperate with such other Contractors and carefully fit their own work to that provided under other contracts as may be directed by the Owner.

The Contractor shall not commit or permit any act which will interfere with the performance of work by any other contractor.

OWNER’S RIGHT TO DO WORK

If the Contractor neglects to prosecute the work to be performed on this Contract properly, or fails to perform any provision of this Contract, the Owner, after three days’ written notice to the Contractor and their Surety, may, without prejudice to any other remedy they may have, make good such deficiencies and may deduct the cost thereof from the payment due the

TERMINATION FOR BREACH

In the event that any of the provisions of this Contract are violated by the Contractor or by any of his subcontractors, the Owner may serve written notice upon the Contractor and the Surety of its intention to terminate this Contract, such notice to contain the reasons for such intention to terminate this Contract, and unless within ten (10) days after the serving of such notice upon the Contractor, such violation shall cease and satisfactory arrangements for correction is made, the Contract shall upon expiration of said ten (10) days cease and terminate. In the event of any such termination, the Owner shall immediately serve notice thereof upon the Surety and the contractor, and the surety shall have the right to take over and perform the Contract; provided, however, that if the Surety does not commence performance thereof within thirty (30) days from the date of the mailing to such Surety of notice of termination, the Owner may take over the work and prosecute the same to completion by contract or force account and the expense of the Contractor and their Surety shall be liable to the Owner for any excess cost thereby occasioned the Owner.

In cases where the Contractor has failed to complete minor items of work within the time set for completion of the Contract, but limited to cases where the value of such uncompleted work does not exceed five percent (5%) of the total construction cost of the work, then the Owner shall have the privilege, without terminating this Contract, of completing said items of work and then deducting from the sums due the Contractor under this Contract the total cost which the Owner incurs in completing such minor items of work. In such cases the Owner may complete such minor items of work by force account or by employing some other Contractor to complete such minor items of work. In the event the Owner desires to adopt this procedure, they shall deliver to the Contractor a written statement, enumerating and describing the items not completed, or imperfectly completed, and shall in such statement demand that the Contractor within a time to be fixed in such statement by the Owner, and then if the Contractor refuses to comply, or if they neglects to comply with time stated, the Owner may proceed as in above set forth. The time within which the Contractor shall be required to complete the items set forth in such statement must depend on the amount of time reasonably required for the performance of the work in question, but shall not in any event be less than ten (10) days, nor more than thirty (30) days.

MATERIALS AND WORKMANSHIP

Unless otherwise stipulated in the Contract, all workmanship, equipment, materials and articles incorporated in the work covered by this Contract shall be new and of the best grade of their respective kinds for the purpose. The Contractor shall furnish to the Owner for their approval the name of manufacturers of machinery, mechanical or other equipment, which contemplate installing together with their performance capacities and other pertinent information.

If not otherwise provided, materials or work called for in this Contract shall be furnished and performed in accordance with well known established practice and standards recognized by Consultants, Engineers and the trade.

When required by the Contract or when called for by the Owner, the Contractor shall furnish the Owner, for approval, full information concerning the materials or articles which they contemplate incorporating in the work. Samples of materials shall be submitted for approval when so directed. Machinery equipment, materials and articles installed or used without such approval shall be at the risk of subsequent rejection. All materials and workmanship shall be guaranteed by the Contractor and the Surety for a period of one year from the date of final acceptance, and this guarantee must be covered in the Surety Bond for the Contract.

At any time during the course of construction of this project, when, in the opinion of the

Owner, Contract conditions are being violated by the Contractor or their employees, the Owner shall have the right and authority to order all construction to cease or materials to be removed, until arrangements satisfactory to the Owner are made by the Contractor for resumption of the work in compliance with the provisions of the Contract. It shall not be construed as a waiver of defects if the Owner shall not order the work stopped or more material removed, as the case may be.

CUTTING AND PATCHING

The Contractor shall do all cutting, fitting or patching of their work that may be required to make its several parts fit together or to receive work of other Contractors shown upon, or reasonably implied by the Specifications for the completed project.

Any cost caused by defective or ill-timed work shall be borne by the party responsible therefore.

The contractor shall not endanger any work by cutting, digging or otherwise shall not cut or alter the work of any Contractor without the consent of the Owner, or of the Owner’s authorized representative.

GUARANTEES

All work to be performed under this Contract shall be constructed in compliance with the contract Specifications and standard construction codes, and must be guaranteed by the Contractor and their Surety for a period of one (1) year from the date of final acceptance by the Owner against defective workmanship and material of any nature. On all items of equipment to be incorporated in the completed project, the Contractor and their Surety must guarantee that the type, quality, design and performance will fully meet the requirements of the Contract Specifications.

In placing orders for equipment, the contractor shall purchase same only under a written guarantee from the respective manufacturers that the equipment supplied will function satisfactorily as an integral part of the completed project in accordance with the Contract Specifications and that the manufacturer will repair or otherwise make good any defects in workmanship or materials which may develop within a period of one (1) year from the date of final acceptance. Furthermore, the Contractor shall require that the manufacturer agree in writing at the time the order for equipment is placed that he will be responsible for the proper functioning of the equipment in cooperation with the Contractor, and that whenever necessary during the installation period or tuning-up period following the construction period, the manufacturer will cooperate as may be necessary for initial successful operation and will supply, without additional cost to the Owner, such superintendence and mechanical labor as may be necessary to make any adjustments, and to supply additional parts and labor needed to make the equipment function satisfactorily, even if same was not shown on the approved shop drawings.