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CONTRACT DOCUMENTS

GOVERNMENTAL COMLPEX

YOUTH CENTER SITE IMPROVEMENTS

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

7500 ODAWA CIRCLE

HARBOR SPRINGS, MICHIGAN 49740

AUGUST 2026

PREPARED BY:

ODW2036.01G

4241 Old US-27 South

Suite 1

Gaylord, MI 487835

Table of Contents

SECTION

PAGE NO.

DIVISION 00 - PROCUREMENT AND CONTRACTING REQUIREMENTS

00 0115

List of Drawings

00 0115-1

00 1113

Advertisement for Bids

00 1113-1

00 2113

Instructions to Bidders

00 2113-1 - 6

00 2213

Supplemental Instructions for Bidders

00 2213-1

00 4243

Proposal

00 4243-1 - 3

00 4313

Bid Bond Form

00 4313-1

00 4345

Legal Status of Bidder

00 4345-1

00 4553

Build America, Buy America (BABA) Requirements

00 4553-1

00 5100

Notice of Award

00 5100-1

00 5200

Agreement

00 5200-1 - 4

00 5500

Notice to Proceed

00 5500-1

00 6112

Performance Bond

00 6112-1 - 2

00 6113

Labor and Material Payment Bond

00 6113-1 - 2

00 6275

Engineer's Certificate for Payment

00 6275-1

00 6521

Prevailing Federal Wage rate – Davis Bacon Act

00 6521-1

00 7200

General Conditions

00 7200-1 - 72

00 7300

Supplementary Conditions

00 7300-1 - 3

DIVISION 01 - GENERAL REQUIREMENTS

01 1100

Summary of Work

01 1100-1 - 2

01 3300

Submittal Procedures

01 3300-1 - 7

01 4219

Reference Standards

01 4219-1

01 4500

Quality Control

01 4500-1 – 2

01 5713

Temporary Erosion and Sedimentation Control

01 5713-1 - 6

01 7123

Construction Layout

01 7123-1 - 2

01 7700

Closeout Procedures

01 7700-1 - 2

01 8900

Site Construction Performance Requirements

01 8900-1 - 10

DIVISION 31 - EARTHWORK

31 1100

Clearing and Grubbing

31 1100-1 – 3

31 2200

Grading

31 2200-1 - 7

31 2313

Subgrade Preparation

31 2313-1 - 10

31 2333

Trenching and Backfilling

31 2333-1 - 7

TABLE OF CONTENTS

TOC-1

ODW2036.01G

DIVISION 32 - EXTERIOR IMPROVEMENTS

32 9219

Seeding

32 9219-1 - 10

DIVISION 33 - UTILITIES

33 1100

Water Utility Distribution Piping

33 1100-1 – 18

APPENDIX A

Davis Bacon Wage Determination

TABLE OF CONTENTS

TOC-2

ODW2036.01G

Division 00

Procurement and Contracting Requirements

Section 00 0115

List of Drawing Sheets

Part 1

1.01

General

Description

The Plans bearing the general title of Governmental Complex Youth Center and

dated August 2026 included with and form a part of the Contract Documents for this

Project.

1.02

List of Plans

SHEET NUMBER

TITLE

G-001

G-002

G-003

C-001

C-002

C-003

C-004

C-005

C-006

L-001

L-002

L-003

COVER SHEET

CONSTRUCTION NOTES AND LEGEND

CONSTRUCTION DETAILS

EXISTING CONDITIONS, REMOVALS, AND SESC PLAN

PROPOSED SITE PLAN

PROPOSED GRADING PLAN

PROPOSED SANITARY SITE PLAN, DETAILS, AND NOTES

PREOPOSED SANITARY DETAILS AND NOTES

PROPOSED WATER MAIN PLAN AND PROFILE

PROPOSED LANDSACPE PLAN

PROPOSED LANDSCAPE SCHEDULE AND NOTES

PROPOSED LANDSCAPE DETAILS

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section

LIST OF DRAWING SHEETS

00 0115-1

ODW2036.01G

Section 00 1113

Advertisement for Bids

GOVERNMENTAL COMPLEX

YOUTH CENTER SITE IMPROVEMENTS

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

7500 ODAWA CIRCLE

HARBOR SPRINGS, MICHIGAN 49740

Sealed Bids will be received by the Little Traverse Bay Bands of Odawa Indians at 7500 Odawa Circle,

Harbor Springs, Michigan 49740, until 2:00 PM, Local Time, Friday September 11, 2026, at which time

and place said Bids will be opened and publicly read aloud for the following approximate quantities of work:

Construction of site improvement for a new Youth Center at the Little Traverse Bay Bands of Odawa

Indians Governmental Complex. Construction includes clearing, site grading, aggregate base, HMA

paving, concrete sidewalk, ADA ramp, pavement markings, onsite sewage disposal field, septic

tanks, sewage dosing pumps, forcemain, 6-inch watermain, blow-off hydrant, 1.5-inch water service,

landscaping, and site restoration.

Contract Documents are on file with:

Little Traverse Bay Bands of Odawa Indians, Planning Department, 7500 Odawa Circle, Harbor

Springs, Michigan 49740, contact Amanda Swiss at 231.242.1591

Wade Trim, Inc., 4241 Old US27 South, Suite 1, Gaylord, Michigan 49735 or

http://www.wadetrim.com/resources/bid-tab/

McGraw-Hill Dodge Reports & Builders Exchanges will have Contract Documents; Builders

Exchanges are authorized to share the contract documents with other exchanges.

Each Bid package shall be accompanied by a certified check, cashier’s check, money order, or bid bond, in the

amount of at least five (5) percent of the amount bid, drawn payable to the OWNER, as security for the

proper execution of the Agreement.

OWNER reserves the right to accept or reject any or all bids and to waive any informality in any bids

should it consider same to be in its best interest.

Bids may not be withdrawn for the period of sixty (60) days after date of receiving bids.

All inquiries shall be directed to Paul Repasky, PE, at Phone: 989.619.3454, or Email:

prepasky@wadetrim.com.

Wade Trim, Inc.

4241 Old US27 South, Suite 1

Gaylord, Michigan 49735

ADVERTISEMENT FOR BIDS

Little Traverse Bay Bands of Odawa Indians

7500 Odawa Circle

Harbor Springs, Michigan 49740

00 1113-1

ODW2036.01G

Section 00 2113

Instructions to Bidders

Part 1

1.01

General

Defined Terms

1.02

The term "Bidder" means one who submits a Bid directly to OWNER as distinct

from a subbidder who submits a Bid to a Bidder.

The term "Successful Bidder" means the lowest, qualified, responsible Bidder to

whom OWNER makes an award.

The term "OWNER" means Little Traverse Bay Bands of Odawa Indians, being a

party of the first part of this Contract.

The term “ENGINEER” means Wade Trim, Inc., 4241 Old US 27 South, Suite 1,

Gaylord, Michigan 49735, or his duly authorized representative.

Scope of Work

1.03

Terms used in these Instructions to Bidders have the meanings assigned to them in the

General Conditions.

The scope and location of Work are indicated in the Plans.

Bidders Qualifications

No Bid will be considered from any Bidder unless known to be skilled and regularly

engaged in work of a character similar to that covered by the Contract Documents. In order

to aid the OWNER in determining the responsibility of any Bidder, the Bidder, within 48

hours after being requested in writing by the OWNER to do so, shall furnish evidence,

satisfactory to the OWNER, of the Bidder's experience and familiarity with Work of the

character specified, and his financial ability to properly prosecute the proposed Work to

completion within the specified time. The evidence requested may include, but shall not be

limited to, the following:

The address and description of the Bidder's plant or permanent place of business.

The Bidder's performance records for all Work awarded to or started by him

within the past three years.

An itemized list of the Bidder's equipment available for use on the proposed

Contract.

The Bidder's financial statement, including statement of ownership of equipment

necessary to be used in executing Work under Contract.

Evidence that the Bidder is authorized to do business in the state in which the

project is located, in case of a corporation organized under the laws of any other

state; and,

Such additional information as will satisfy the OWNER that the Bidder is

adequately prepared to fulfill the Contract.

INSTRUCTIONS TO BIDDERS

00 2113-1

ODW2036.01G

1.04

Examination of Contract Documents and Site

It is the responsibility of each Bidder before submitting a Bid, to:

examine the Contract Documents thoroughly,

visit the site to familiarize himself with local conditions that may in any manner

affect cost, progress or performance of the Work,

consider federal, state, and local Laws and Regulations that may affect cost,

progress, performance, or furnishing of the Work; and

study and carefully correlate Bidder's knowledge and observations with the

Contract Documents and such other related data; and

promptly notify ENGINEER in writing of all conflicts, errors, ambiguities or

discrepancies which Bidder has discovered in or between Contract Documents and

such related documents.

purchase official Procurement Documents from ENGINEER in order to be included

on the project Plan Holder List and be considered eligible for bidding.

Reference is made to the Supplementary Conditions for the identification of those reports of

investigations and tests of subsurface and latent physical conditions at the site or otherwise

affecting cost, progress or performance of the Work which have been relied upon by

ENGINEER in preparing the Contract Documents.

If such reports are not included as appendices to the Contract Documents, OWNER

will make copies available to any Bidder requesting them. These reports are

included for reference only and are not guaranteed as to accuracy or completeness,

nor are they part of the Contract Documents.

The Bidder may rely upon the general accuracy of the “technical data” contained in

such reports but not upon other data, interpretations, opinions or information

contained in such reports or otherwise relating to the subsurface conditions at the

site, nor upon the completeness thereof for bidding or construction purposes.

Before submitting his Bid each Bidder will, at his own expense, make such

additional investigations and tests as the Bidder may deem necessary to determine

his Bid for performance of the Work in accordance with the time, price and other

terms and conditions of the Contract Documents.

On request OWNER will provide each Bidder access to the site to conduct such

investigations and tests as each Bidder deems necessary for submission of his Bid. Bidder

shall fill all holes and clean up and restore the site to its former conditions upon completion

of such investigations and tests.

The lands upon which the Work is to be performed, rights-of-way for access thereto and

other lands designated for use by CONTRACTOR in performing the Work are identified in

the Plans.

INSTRUCTIONS TO BIDDERS

00 2113-2

ODW2036.01G

1.05

1.06

The locations of utilities as shown on the Plans are taken from sources believed to be

reliable. Neither the OWNER nor the ENGINEER will be responsible for any omissions of, or

variations from, the indicated location of existing utilities which may be encountered in the

Work.

The submission of a Bid will constitute an incontrovertible representation by the Bidder

that he has complied with every requirement of this Article 1.04, that without exception the

Bid is based upon performing and furnishing the Work required by the Contract Documents

and applying the specific means, methods, techniques, sequences or procedures of

construction (if any) that may be shown, indicated or required by the Contract Documents,

that Bidder has given ENGINEER written notice of all conflicts, errors, ambiguities and

discrepancies that Bidder has discovered in Contract Documents and the resolution by

ENGINEER is acceptable to Bidder, and that the Contract Documents are sufficient in scope

and detail to indicate and convey understanding of all terms and conditions for performing

and furnishing the Work, and that the time stated in the Proposal is sufficient to complete

the project.

Interpretations and Addenda

Should any prospective bidder find discrepancies in, or omissions from the Plans,

Specifications or other parts of the Contract Documents, he may submit a written request to

the ENGINEER for an interpretation thereof. The person submitting the request will be held

responsible for its prompt delivery at least seven (7) days prior to the date for opening of

Bids. Questions received less than seven (7) days prior to the date for opening of bids will

not be answered. Any interpretation of inquiry will be made by Addendum duly issued to

all prospective bidders.

Any change in or addition to the Contract Documents deemed necessary by the OWNER

shall be made in the form of an Addendum issued to all prospective bidders who have taken

out Contract Documents and all such Addenda shall become a part of the Contract

Documents as though same were incorporated into same originally. Oral explanations and

information do not constitute official notification and are not binding.

Bid Security

Bid Security shall be made payable to OWNER, in an amount of five (5) percent of the

Bidder's maximum Bid price and in a form as indicated in the Advertisement. Bid Bonds, if

indicated as acceptable in the Advertisement, shall be issued on the form included in the

Contract Documents by a Surety meeting the requirements of paragraph 5.01 of the General

Conditions.

The Bid Security of the Successful Bidder will be retained until such Bidder has executed

the Agreement and furnished the required Contract Security, whereupon it will be

returned; if the successful Bidder fails to execute and deliver the Agreement and furnish the

required Contract Security within 15 days of the Notice of Award, OWNER may annul the

Notice of Award and the Bid Security of that Bidder will be forfeited. The Bid Security of

any Bidder whom OWNER believes to have a reasonable chance of receiving the award may

be retained by OWNER until the earliest of the seventh day after the "Effective Date of

Agreement" (which term is defined in the General Conditions) or the expiration of the hold

period on the Bids. Bid Security of other Bidders will be returned within 14 days of the Bid

opening, unless indicated otherwise in the Advertisement.

INSTRUCTIONS TO BIDDERS

00 2113-3

ODW2036.01G

1.07

Contract Time

1.08

Substitute and “Or-Equal” Items

1.09

The number of days within which, or the date by which, the Work is to be Substantially

Completed, if applicable, and also completed and ready for final payment (the Contract

Time) are set forth in the Proposal and will be included in the Agreement.

The Contract, if awarded, will be on the basis of materials and equipment described in the

Plans or specified in the Specifications without consideration of possible substitute or “orequal” items. Whenever it is indicated in the Plans or specified in the Specifications that a

substitute or an “or-equal” item of material or equipment may be furnished or used by

CONTRACTOR if acceptable to ENGINEER, application for such acceptance will not be

considered by ENGINEER until after the Effective Date of Agreement. In addition, in no case

shall ENGINEER’s denial of CONTRACTOR’s application give rise to any claim for additional

cost, it being understood by CONTRACTOR that acceptance of substitute or an “or equal”

item of material is at the sole discretion of ENGINEER.

Receipt and Form of Bid

Bids shall be submitted at the time and place indicated in the Advertisement for Bids and

shall be included in an opaque sealed envelope, marked with the Project title and name and

address of the Bidder and accompanied by the Bid Security and other required documents.

If the Bid is sent through the mail or other delivery system, the sealed envelope shall be

enclosed in a separate envelope with the notation "BID ENCLOSED" on the face thereof. Any

Bid received after the scheduled time and place indicated in the Advertisement for Bids

shall be returned unopened.

OWNER invites bids on the Proposal and other form(s) attached hereto. Bids will

be received at the time and place indicated in the Advertisement and thereupon

will be publicly opened and read. An abstract of the amounts of the base bids and

any major alternates will be made available after the opening of Bids.

OWNER may consider as informal any Bid on which there is an alteration of, or

departure from the Proposal Form attached hereto.

The complete set of Contract Documents must be used in preparing Bids: neither

OWNER nor ENGINEER assumes any responsibility for errors or misinterpretations

resulting from the use of incomplete sets of Contract Documents. In order to verify

the completeness of the set of Contract Documents the Bidder used in preparing his

Bid, the OWNER may require the Bidder to submit the set of Contract Documents

he used in preparing his Bid. The Bidder shall submit his Bid on the separate

Proposal form included in these Contract Documents.

The Proposal shall be legibly prepared, with ink or typewriter, on the form

included in these Contract Documents. All blank spaces in the proposal forms must

be correctly filled in where indicated for each and every item for which a quantity

is given. Proposals will be compared on basis of lump sum items, if any, and on

product of the quantities of items listed at the respective unit prices bid.

Erasures or other changes in the Bids must be explained or noted over the

signature of the Bidder.

Names must be typed or printed below the signature.

INSTRUCTIONS TO BIDDERS

00 2113-4

ODW2036.01G

1.10

The quantities as shown in the Proposal are approximate only and will be used as a

basis of comparison of Bids, and award of Contracts. Payment will be made on basis

of actual quantities of Work performed in accordance with the Contract

Documents. The Unit Prices bid, shall include such amounts as the Bidder deems

proper for overhead, profit, taxes, General Conditions and such other incidentals as

noted in the Contact Documents.

The Bid shall contain an acknowledgment of receipt of all Addenda, the numbers of

which shall be filled in on the Proposal Form.

The Legal Status of Bidder Form contained in the Contract Documents must be

submitted with each Proposal and must clearly state the legal position of a Bidder.

In the case of a corporation, the home address, name and title of all officers must be

given. In the case of a partnership, show names and home addresses of all partners.

If an individual, so state. Any individual bid not signed by the individual must have

attached, thereto, a power of attorney evidencing authority to sign.

10.

Other documents to be attached to the Proposal and made a condition thereof are

identified in the Proposal. The same individual signing the Proposal shall sign these

other documents.

Modifications and Withdrawal of Bids

1.11

Bids may be modified or withdrawn by an appropriate document duly executed (in the

manner that a Bid must be executed) and delivered to the place where Bids are to be

submitted at any time prior to the opening of Bids. If, within 24 hours after Bids are

opened, any Bidder files a duly signed written notice with OWNER and promptly thereafter

demonstrates to the reasonable satisfaction of OWNER that there was a material and

substantial mistake in the preparation of his Bid, that Bidder may withdraw his Bid and the

Bid Security will be returned. Thereafter, at the sole option of OWNER, that Bidder will be

disqualified from further Bidding on the Work to be provided under the Contract

Documents.

Award of Contract

OWNER reserves the right to reject any and all Bids for any reason, to waive any and all

informalities not involving price, time, or changes in the Work and to negotiate contract

terms with the Successful Bidder, and the right to disregard all nonconforming, nonresponsive, unbalanced, or conditional Bids. Discrepancies between words and figures will

be resolved in favor of words. Discrepancies in the multiplication of units of work and unit

prices, will be resolved in favor of unit price. Discrepancies between the indicated sum of

any column of figures and the correct sum thereof will be resolved in favor of the correct

sum.

In evaluating Bids, OWNER shall consider the qualifications of the Bidders, whether or not

the Bids comply with the prescribed requirements, and such alternates, unit prices and

other data if requested in the Bid forms. It is OWNER's intent to accept alternates (if any are

accepted) in the order in which they are listed in the Bid form but OWNER may accept them

in any order or combination.

Subject to the approval of OWNER, the Contract will be awarded to the lowest responsive

and responsible Bidder. Responsibility of Bidder will be determined on basis of past

performance and Work of similar character, equipment and labor available to do the Work

and financial status.

INSTRUCTIONS TO BIDDERS

00 2113-5

ODW2036.01G

Sales and Use Taxes

Per the tax agreement in effect between the Owner and State of Michigan, this project is

exempt from state sales taxes and use taxes on materials and equipment to be incorporated

in the Work. Said taxes shall not be included in the Bid. Bidders shall fully cooperate with

Owner to effectuate any administrative requirements of the agreement.

Contracts to be Assigned (Tribal, Michigan, Michigan Veteran Owned Preference)

The Contractor agrees to give preference to Tribal, Michigan, and Michigan Veteran owned

who can perform the work required, and to the extent feasible consistent with training

opportunities, regardless of age (subject to existing laws and regulation), sex, religion, or

tribal affiliation, for training and employment opportunities under this contract. The

Contractor also agrees to give preference to Indian organizations, Indian-owned economic

enterprises, Michigan and Michigan veterans in the awarding of any subcontracts consistent

with the effective performance of this contract. The Contractor shall maintain and provide

to the Bureau’s Contracting Officer; such records as are necessary to indicate compliance

with this paragraph. Records must be sufficient to document the significant history of all

purchases and must be maintained for a minimum of four (4) years after the end of the

Agreement period

1.15

The Contract shall not be binding upon the OWNER until the Agreement has been

duly executed by the Bidder and the duly authorized officials of the OWNER.

Within fifteen (15) days after OWNER gives a Notice of Award to the successful Bidder, the

CONTRACTOR shall sign and deliver the specified number of counterparts of the Agreement

to OWNER with all other Contract Documents attached. Within ten (10) days thereafter,

OWNER will deliver two (2) fully signed counterparts to CONTRACTOR. ENGINEER will

identify, date or correct those portions of the Contract Documents not fully signed, dated or

executed by OWNER and CONTRACTOR and such identification, dating or correction shall

be binding on all parties.

1.14

Signing of Agreement

1.13

The Contract shall be considered to have been awarded after the approval of the

OWNER has been duly obtained and a formal Notice of Award duly served on the

successful Bidder by OWNER.

If the Contract is to be awarded, OWNER will give the successful Bidder a Notice of Award

within 60 days after the day of the Bid opening, unless such other time is specified in the

Advertisement for Bids.

1.12

Wage Rate Requirements

The Contractor and Subcontractors are required to pay prevailing wage rates.

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section

INSTRUCTIONS TO BIDDERS

00 2113-6

ODW2036.01G

Section 00 2213

Supplementary Instructions to Bidders

Part 1

1.01

General

Modifications

These Supplementary Instructions to Bidders amend or supplement, Section 00 2113,

Instructions to Bidders, as indicated below. All provisions which are not amended or

supplemented remain in full force and effect.

The terms used in these Supplementary Instructions to Bidders have the meanings assigned

to them in the Instructions to Bidders, General Conditions, and as follows:

OWNER – Little Traverse Bay Bands of Odawa Indians being a party of the first part

of this Contract.

ENGINEER - Wade Trim, Inc., or his duly authorized representative.

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section

SUPPLEMENTARY INSTRUCTIONS

TO BIDDERS

00 2213-1

ODW2036.01G

Section 00 4243

Proposal

LITTLE TRAVERSE BAY BANDS OF ODAWA INDIANS

7500 ODAWA CIRCLE

HARBOR SPRINGS, MI 49740

Re: YOUTH CENTER SITE IMPROVEMENTS

The undersigned Bidder proposes and agrees, if this Proposal is accepted, to enter into an Agreement with

the Little Traverse Bay Bands of Odawa Indians in the form included in the Contract Documents to complete

all Work as specified or indicated in the Contract Documents for the Contract Price and within the Contract

Time indicated in this Bid and in accordance with the Contract Documents.

In submitting this Proposal, Bidder represents, as more fully set forth in the Agreement, that;

Bidder has examined copies of all Contract Documents which he understands and accepts as

sufficient for the purpose, including any and all Addenda officially issued, the receipt of which is

hereby acknowledged.

Addendum No.

Date of Release

Signature

Bidder has examined the surface and subsurface conditions where the Work is to be performed, the

legal requirements and local conditions affecting cost, progress, furnishing or performance of the

Work and has made such independent investigations as Bidder deems necessary.

This Bid is genuine and not made in the interest of or on behalf of any undisclosed person, firm or

corporation and is not submitted in conformity with any Agreement or rules of any group,

association, organization or corporation; Bidder has not directly or indirectly induced or solicited

any other Bidder to submit a false or sham Bid; Bidder has not solicited or induced any person, firm

or a corporation to refrain from bidding; and Bidder has not sought by collusion to obtain for

himself any advantage over any other Bidder or over OWNER.

The Bidder agrees to complete the Work, in accordance with the Contract Documents, for the following

Contract Price:

Item

Description

10.

11.

12.

13.

14.

Mobilization, Max. 5%

Clearing and Grubbing

HMA Surface, Rem

Culv, Rem, Less than 24 inch

Site Grading

Aggregate Base

Aggregate Surface Cse, 6 inch

HMA, 4EL

HMA, 5EL

Sidewalk, Conc, 6 inch, Thickened Edge

Sidewalk, Conc, 6 inch

Culv, Cl F, 12 inch

Culv,, End Section, 12 inch

Pavt Mrkg, Waterborne, 4”, White

PROPOSAL

Quantity

Unit

Unit Price

Amount

1.88

580

185

106

710

860

112

170

ACRE

SYD

TON

SYD

TON

SFT

$ _______________

$ ________________

00 4243-1

ODW2036.01G

15.

16.

17.

18.

19.

20.

21.

22.

23.

24.

25.

26.

27.

28.

29.

30.

31.

Pavt Mrkg, Waterborne, 4”, Blue

Pavt Marking, HC Symbol

Sign, Type 1A and steel post, 3#

Silt Fence

Restoration

Connect to Existing Watermain

6-inch, PVC Watermain, C-900

Corp Stop and Box

Water Service, 1.5-inch, Type K Copper

Blow-off Hydrant

Pressure Test and Disinfect Water Main

2,600-gal Septic Tank with Effluent Filter

1,000-gal Dosing Tank

Pumps, Floats, Guiderails and Controls

Sanitary Forcemain, 1.5-inch

Absorption Bed Drainfield

Testing

675

453

109

TOTAL BASE CONTRACT PRICE

(Items 1 through 31)

$ _______________

$ ________________

(numeric)

(In Words)

Schedule of Alternatives – The bidder will complete the parts of the Work designated in the Alternatives

that follow and accept in full payment for those parts of the Work the following Item Bid Prices

Item

10.

11.

Description

Quantity

Tree - Acer rubrum - Red Maple - 1.52.5"

Tree - Acer saccharum - Sugar Maple 1.5-2.5"

Tree - Amelanchier arborea - Downy

Serviceberry - 5-6' HT

Tree - Betula papyrifera - Paper Birch 1.5-2.5"

Tree - Juniperus virginiana - Eastern Red

Cedar - 7-8' HT

Tree - Malus x adstringens 'Durelo' Gladiator Cr. App. - 7-8' HT

Tree - Pinus resinosa - Red Pine - 7-8' HT

Shrub - Ilex verticillata - Winterberry - 35 GAL

Shrub - Physocarpus opulifolius Common Ninebark - 3 GAL

Deluxe Pollinator Seed Mix

Double Shredded Hardwood Mulch

Unit

Unit Price

Amount

$ _______________

$ ________________

$ _______________

$ ________________

$ _______________

$ ________________

$ _______________

$ ________________

$ _______________

$ ________________

$ _______________ $ ________________

$ _______________

CYD

$ _______________ $ ________________

TOTAL ALTERNATIVE CONTRACT PRICE

(Items 1 through 11)

$ ________________

(numeric)

(In Words)

PROPOSAL

00 4243-2

ODW2036.01G

The Bidder further acknowledges and agrees that the separate prices bid on this “Schedule of Alternatives”

where they are applicable and deemed acceptable to the Owner, will be used if incorporated into the

Contract when the Owner issues the Notice of Award.

The undersigned, as Bidder, hereby certifies that he or a qualified designated person in his employ has

examined the Contract Documents provided by OWNER for bidding purposes. Further, the undersigned

certifies that he or his qualified employee has reviewed the Bidder’s proposed construction methods and

finds them compatible with the conditions and from the information provided for Bidding.

The undersigned, as Bidder, shall complete the Work under any job circumstances or field conditions

present and/or ascertainable prior to bidding. In addition, he shall also complete the Work under whatever

conditions he may create by his own sequence of construction, construction methods, or other conditions he

may create, at no additional cost to OWNER.

The undersigned, as Bidder, declares that he has familiarized himself with the location of the proposed Work

and the conditions under which it must be constructed. Also, that he has carefully examined the Plans, the

Specifications, and the Contract Documents, which he understands and accepts as sufficient for the purpose

and agrees that he will Contract with OWNER to furnish all labor, material, tools, and equipment necessary

to do all Work specified and prescribed for the completion of the Project.

The undersigned agrees, if awarded Contract, to sign the Agreement and submit satisfactory bonds and

certificates of insurance coverage and other evidence of insurance required by the Contract Documents

within 10 days after the date of OWNER'S Notice of Award.

The undersigned agrees that time is of the essence and, if awarded Contract, that all the Work except,

HMA paving, pavt markings, sign, restoration and landscape work, will be Substantially Completed

on or before January 21, 2027, and Final Completed by January 28, 2027. The remainder of the Work

shall be Substantially Completed on or before June 23, 2027, and Final Completed by June 30, 2027.

Liquidated damages, as specified in the General Conditions, Supplementary Conditions and Agreement, shall

also apply to the above Substantial Completion dates.

Engineering and inspection costs incurred after the above final completion date shall be paid by

CONTRACTOR to OWNER as specified in the Conditions of the Contract and Agreement.

Proposals may not be withdrawn for a period of sixty (60) days after bid opening.

The following documents are attached to and made a condition of this Proposal:

Required Bid security in the form checked below:

Certified Check

Legal Status of Bidder.

Bidder's Name:

Cashier's Check

Money Order

Bid Bond

By:

(Signature)

(Printed Name)

Address:

Phone No.:

Fax No.:

Email:

PROPOSAL

00 4243-3

ODW2036.01G

PROPOSAL

00 4243-4

ODW2036.01G

Section 00 4313

Bid Bond Form

KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned,

as Principal, hereinafter called the Principal, and

a corporation duly organized under the laws of the State of

, and duly authorized to

transact business in the state of Michigan, as Surety, hereinafter called the Surety, are held and firmly

bound unto the Little traverse Bay Bands of Odawa Indians, hereinafter called the OWNER, in the sum of

Dollars ($

)

for the payment of which sum well and truly to be made, the said Principal and the said Surety, bind

ourselves, our heirs, executors, administrators, successors and assigns, jointly and severally, firmly by

these presents.

WHEREAS, the Principal has submitted a Bid for

NOW, THEREFORE, if the OWNER shall accept the Bid of the Principal and the Principal shall enter into a

Contract with the OWNER in accordance with the terms of such Bid, and give such Bond or Bonds as may

be specified in the Contract Documents with good and sufficient surety for the faithful performance of

such Contract and for the prompt payment of labor and material furnished in the prosecution thereof, or

in the event of the failure of the Principal to enter such Contract and give such Bond or Bonds, if the

Principal shall pay to the OWNER the difference not-to-exceed the penalty hereof between the amount

specified in said Bid and such larger amount for which the OWNER may in good faith contract with

another party to perform the Work covered by said Bid, then this obligation shall be null and void,

otherwise to remain in full force and effect.

Signed and Sealed this

day of

, 20

(Witness)

(Principal)

(Title)

(Witness)

(Surety)

(Title)

BID BOND FORM

00 4313-1

PROJECT NUMBER

Section 00 4345

Legal Status of Bidder

This Proposal is submitted in the name of:

(Print)

The undersigned hereby designates below his business address to which all notices, directions or other

communications may be served or mailed:

Street

City

State

Zip Code

The undersigned hereby declares that he has legal status checked below:

SOLE PROPRIETOR

SOLE PROPPRIETOR DOING BUSINESS UNDER AN ASSUMED NAME

CO-PARTNERSHIP

The Assumed Name of the Co-Partnership is registered in the County of

, Michigan

CORPORATION INCORPORATED UNDER THE LAWS OF THE STATE OF

. The Corporation is

authorized to conduct business in the State of Michigan

not now authorized to conduct business in the State of Michigan

possess all required licenses for the work being bid

limited liability corporation

The name, titles, and home addresses of all persons who are officers or partners in the organization are

as follows:

NAME AND TITLE

Signed this

HOME ADDRESS

day of

, 20

(Signature)

Printed Name of Signer

Title

LEGAL STATUS OF BIDDER

00 4345-1

ODW2036.01G

Section 00 4553

Build America, Buy America (BABA) Requirements

The Contractor acknowledges to and for the benefit of the Little Traverse Bay Bands of Odawa Indians

(“Owner”) and the State of Michigan (the “Funding Authority”) that it understands the goods and

services under this Agreement are being funded with federal monies and have statutory requirements

commonly known as “Build America, Buy America;” that requires all of the iron and steel, manufactured

products, and construction materials used in the project to be produced in the United States (“Build

America, Buy America Requirements”) including iron and steel, manufactured products, and

construction materials provided by the Contactor pursuant to this Agreement. The Contractor hereby

represents and warrants to and for the benefit of the Owner and Funding Authority that (a) the

Contractor has reviewed and understands the Build America, Buy America Requirements, (b) all of the

iron and steel, manufactured products, and construction materials used in the project will be and/or

have been produced in the United States in a manner that complies with the Build America, Buy America

Requirements, unless a waiver of the requirements is approved, and (c) the Contractor will provide any

further verified information, certification or assurance of compliance with this paragraph, or

information necessary to support a waiver of the Build America, Buy America Requirements, as may be

requested by the Owner or the Funding Authority. Notwithstanding any other provision of this

Agreement, any failure to comply with this paragraph by the Contractor shall permit the Owner or

Funding Authority to recover as damages against the Contractor any loss, expense, or cost (including

without limitation attorney’s fees) incurred by the Owner or Funding Authority resulting from any such

failure (including without limitation any impairment or loss of funding, whether in whole or in part,

from the Funding Authority or any damages owed to the Funding Authority by the Owner). If the

Contractor has no direct contractual privity with the Funding Authority, as a lender or awardee to the

Owner for the funding of its project, the Owner and the Contractor agree that the Funding Authority is a

third-party beneficiary and neither this paragraph (nor any other provision of this Agreement necessary

to give this paragraph force or effect) shall be amended or waived without the prior written consent of

the Funding Authority.

Build America, Buy America

00 4553-1

ODW2036.01G

Section 00 5100

Notice of Award

To:

Date:

, 20

Attention:

Project:

LTBBOI Governmental Complex, Youth Center

Pursuant to the provisions of Article 1.11 of the Instructions to Bidders, you are hereby notified that the

Little Traverse Bay Bands of Odawa Indians (OWNER) during a

, 20

amount of $

Meeting held on

, has directed the acceptance of your Bid for the above-referenced Project in the

(

). This project shall consist of

as delineated in your Bid submitted to the

Please comply with the following conditions within 15 days of the date of this Notice of Award; that is by

, 20

Deliver to the ENGINEER

all the Contract Documents.

(

) fully executed counterparts of the Agreement including

Deliver with the executed Agreement the Contract Security (Bonds), on the form included in the

Contract Documents, as specified in the General Conditions (Article 5).

Deliver with the executed Agreement the Insurance Certificates (and other evidence of

insurance) as specified in the General Conditions (Article 5).

Please do not date Agreement and Contract Security (Bonds), as these will be dated by the

OWNER when executed by him.

It is important to comply with these conditions and time limits as failure to comply with these

conditions within the time specified will entitle OWNER to consider your bid abandoned, to annul this

Notice of Award and to declare your Bid Security forfeited.

Within ten (10) days after you comply with those conditions, OWNER will return to you two (2) fully

signed counterparts of the Agreement with the Contract Documents attached.

In accordance with paragraph 2.05 of the General Conditions, please submit to the ENGINEER the

required schedules prior to the scheduling of a Pre-Construction Meeting.

Copy to ENGINEER:

Wade Trim, Inc.

4241 Old US 27 South, Suite 1

Gaylord, Michigan 49735

(OWNER)

By:

(Authorized Signature)

NOTICE OF AWARD

00 5100-1

ODW2036.01G

Section 00 5200

Agreement

This Agreement, made and entered into this

day of

in the year 20

by and between the

L:ittle Traverse Bay Bands of Odawa Indians hereinafter called OWNER, and

hereinafter called CONTRACTOR, in consideration of the mutual

covenants hereinafter sent forth, agree as follows:

ARTICLE 1.

WORK

CONTRACTOR shall complete all Work as specified or indicated in the Contract Documents. The Work is

generally described as follows:

Construction of site improvement for a new Youth Center at the Little Traverse Bay Bands of Odawa

Indians Governmental Comple. Construction includes clearing, site grading, aggregate base, HMA

paving, concrete sidewalk, ADA ramp, pavement markings, onsite sewage disposal field, septic

tanks, sewage dosing pumps, forcemain, 6-inch watermain, blow-off hydrant, 1.5-inch water service,

landscaping, and site restoration.

ARTICLE 2.

CONTRACT TIME

2.1

The Work, except, HMA paving, pavt markings, sign, restoration and landscape work will be

substantially completed on or before January 21, 2027, and final completed by January 28, 2027.

The remainder of the work will be substantially completed on or before June 23, 2027, and ready

for final payment in accordance with paragraph 14.11 of the General Conditions on or before June

30, 2027.

2.2

Engineering and inspection costs incurred after the specified final completion date shall be paid by

the CONTRACTOR to the OWNER prior to final payment authorization. Charges shall be made at

such times and in such amounts as the ENGINEER shall invoice the OWNER, provided however said

charges shall be in accordance with the ENGINEER's current rate schedule at the time the costs are

incurred. The costs of ENGINEER incurred after the specified final completion date shall be

deducted from the CONTRACTOR's progress payments.

2.3

Liquidated Damages. OWNER and CONTRACTOR recognize that time is of the essence of this

Agreement and that OWNER will suffer financial loss if the Work is not Substantially Complete

within the time specified in Article 2.1 above for each phase, plus any extensions thereof allowed in

accordance with Article 12 of the General Conditions. They also recognize the delays, expense and

difficulties involved in proving in a legal or arbitration proceeding the actual loss suffered by

OWNER if the Work is not Substantially Complete on time. Accordingly, instead of requiring any

such proof, OWNER and CONTRACTOR agree that as liquidated damages for delay (but not as

penalty) CONTRACTOR shall pay OWNER Five Hundred Dollars ($500.00) for each day that

expires after the time specified in Article 2.1 for each Substantial Completion date until the Work is

Substantially Complete for each phase. Liquidated damages charged shall be deducted from the

CONTRACTOR's progress payment.

ARTICLE 3.

3.1

CONTRACT PRICE

OWNER shall pay CONTRACTOR as provided in the attached Proposal for performance of the Work

in accordance with the Contract Documents.

ARTICLE 4.

PAYMENT PROCEDURES

Progress payments and retainage under this Contract are governed by the provisions of PA 1980, No. 524

(MCLA 125.1561 et seq.). That Act is incorporated herein by reference and made a part of this Contract.

AGREEMENT

00 5200-1

ODW2036.01G

Without excluding any provisions of the Act from this Contract, but in order to comply therewith and

summarize certain provisions, the following shall apply:

4.1

The person representing CONTRACTOR who will submit written requests for progress payments

shall be:

4.2

The person representing OWNER to whom requests for progress payments are to be submitted

shall be:

4.3

CONTRACTOR's representative, listed above, shall submit Applications for Payment on the form

provided in the Contract Documents in accordance with Article 14 of the General Conditions.

Applications for Payment will be processed as provided in the General Conditions.

ARTICLE 5.

CONTRACTOR'S REPRESENTATIONS

In order to induce OWNER to enter into this Agreement, CONTRACTOR makes the following

representations:

5.1

CONTRACTOR has considered the nature and extent of the Contract Documents, Work, locality, and

all local conditions and federal, state and local laws, and regulations that may affect cost, progress,

performance, or furnishing of the Work.

5.2

CONTRACTOR has studied carefully all reports of investigations and tests of subsurface and latent

physical conditions at the site or otherwise affecting cost, progress or performance of the Work

which were relied upon in the preparation of the Plans and Specifications and which have been

identified in the Supplementary Conditions.

5.3

CONTRACTOR has made or caused to be made examinations, investigations and tests and studies of

such reports and related data in addition to those referred to in Article 5.2 as he deems necessary

for the performance of the Work at the Contract Price, within the Contract Time and in accordance

with the other terms and conditions of the Contract Documents; and no additional examinations,

investigations, tests, reports or similar data are or will be required by CONTRACTOR for such

purposes.

5.4

CONTRACTOR has correlated the results of all such observations, examinations, investigations, tests,

reports and data with the terms and conditions of the Contract Documents.

5.5

CONTRACTOR has given ENGINEER written notice of all conflicts, errors or discrepancies that he

has discovered in the Contract documents and the written resolution thereof by ENGINEER is

acceptable to CONTRACTOR.

ARTICLE 6.

CONTRACT DOCUMENTS

The Contract Documents which comprise the entire Contract between OWNER and CONTRACTOR are

attached to this Agreement, made a part hereof and consists of the following:

6.1

Procurement Requirements (including Advertisement for Bids, Instructions to Bidders,

Supplementary Instructions to Bidders, Proposal, Legal Status of Bidder, and other documents listed

in the Table of Contents thereof).

6.2

This Agreement

6.3

Performance and other Bonds

6.4

Notice of Award

AGREEMENT

00 5200-2

ODW2036.01G

6.5

Notice to Proceed (if issued)

6.6

Conditions of the Contract (including General Conditions and Supplementary Conditions, if any)

6.7

Specifications contained within Division 01 through 49 of the Contract Documents dated August

2026.

6.8

Plans consisting of sheets dated August 21 and numbered C-001through L-003 inclusive with each

sheet bearing the following general title: Governmental Complex, Youth Center Site Improvements

6.9

Addenda numbers

6.10

Documentation submitted by CONTRACTOR prior to Notice of Award

6.11

Any Modification, including Change Orders, duly delivered after execution of Agreement.

ARTICLE 7.

, inclusive

MISCELLANEOUS

7.1

Terms used in this Agreement which are defined in Article 1 of the General Conditions shall have the

meanings indicated in the General Conditions.

7.2

No assignment by a party hereto of any rights under or interests in the Contract Documents will be

binding on any other party without the written consent of the party sought to be bound; and

specifically but without limitation, monies that may become due and monies that are due may not

be assigned without such consent (except to the extent that the effect of this restriction may be

limited by law), and unless specifically stated to the contrary in any written consent to an

assignment no assignment will release or discharge the assignor from any duty or responsibility

under the Contract Documents.

7.3

OWNER and CONTRACTOR each binds himself, his partners, successors, assigns and legal

representatives to the other party hereto, his partners, successors, assigns and legal representatives

in respect to all covenants, agreements and obligations contained in the Contract Documents.

7.4

Any provision or part of the Contract Documents held to be void or unenforceable under any Law or

Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and

binding upon OWNER and CONTRACTOR, who agree that the Contract Documents shall be reformed

to replace such stricken provision or part thereof with a valid and enforceable provision that comes

as close as possible to expressing the intention of the stricken provision.

AGREEMENT

00 5200-3

ODW2036.01G

IN WITNESS WHEREOF, the parties hereto have signed this Agreement in

counterparts.

counterparts each have been delivered to OWNER and CONTRACTOR, one counterpart has been

delivered to the ENGINEER. All portions of the Contract Documents have been signed or identified

by OWNER and CONTRACTOR.

This Agreement will be effective on

, 20

OWNER

CONTRACTOR

Attest

Address for giving notices

License No.

Agent for service of process:

AGREEMENT

00 5200-4

ODW2036.01G

Section 00 5500

Notice to Proceed

To:

Date:

, 20

Attention:

Project:

Please note that the Contract Time under the above Contract will commence to run on

. Within ten (10) days of this date you are to start performing the Work. The dates of Substantial

Completion and Final Completion are set forth in the Agreement: they are

, and

respectively.

In accordance with paragraph 2.05 of the General Conditions, please submit to the ENGINEER the

required schedules prior to the scheduling of a Pre-Construction Meeting.

Also, in accordance with paragraph 2.05 of the General Conditions, please request a Pre-Construction

Meeting from the ENGINEER prior to delivery of any materials or start of any construction. A minimum

of three (3) full working days notice is required to set up the Pre-Construction Meeting. Also, please

notify the ENGINEER three (3) full working days in advance of any staking requirements or other

activity on the Project.

Work at the site must be started by

Copy to ENGINEER:

Wade Trim, Inc.

4241 Old US27 South, Suite 1

Gaylord, Michigan 49735

, 20

(OWNER)

By:

(Authorized Signature)

NOTICE TO PROCEED

00 5500-1

ODW2036.01G

Section 00 6112

Performance Bond

Bond No. ________

KNOW ALL BY THESE PRESENT, That we,

, a corporation organized

and existing under the laws of the State of

, and duly authorized to transact business in

the State of Michigan, hereinafter called the “Principal,” and

, a corporation organized and existing under the laws of the State of

, and duly authorized to transact business in the State of Michigan, as Surety, hereinafter called

“Surety”, are held and firmly bound unto

, as Obligee, and hereinafter

called “Obligee,” in the just and full sum of

Dollars

) lawful money of the United States of America, to be paid to the said Obligee, to which

payment well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and

assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a

contract with the said Obligee, dated the _________ day of ____________________,

, for

Herein referred to and made a part hereof as fully and to the same extent as if the same were entirely

written herein, and

WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was

entered into, that these presents should be executed.

AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time,

or any other forbearance, alteration or addition to the terms of the contract or to the work to be performed

thereunder or the Contract Documents accompanying the same shall in anywise affect its obligations on this

bond, and it does hereby waive notice of any such change, extension of time, or any other forbearance,

alteration or addition to the terms of the contract or to the Work or to the Contract Documents.

NOW, THEREFORE, if the above Principal shall in all respects comply with the terms and conditions of said

contract, and his (their or its) obligations thereunder, including the Contract Documents therein referred to

and made a part thereof, and such alteration as may be made in such contract or Contract Documents, as

herein or therein provided for, then this obligation shall be void; otherwise, this bond and obligation shall be

and remain in full force and effect.

PERFORMANCE BOND

00 6112-1

ODW2036.01G

Signed and sealed this ____________ day of ________________________.

Signed, sealed and delivered in the presence of:

Witness for CONTRACTOR

(Principal)

(Title)

Witness for Surety

(Surety)

(Title)

Attorney-In-Fact (Seal)

Address

City

Telephone

PERFORMANCE BOND

Address of Surety

Zip Code

City

Zip Code

Telephone

00 6112-2

ODW2036.01G

Section 00 6113

Labor and Material Payment Bond

Bond No. ________

KNOW ALL BY THESE PRESENT, that we,

, a corporation organized

and existing under the laws of the State of

, and duly authorized to transact business in

the State of Michigan, hereinafter called the “Principal,” and

, a corporation organized and existing under the laws of the State of

, and duly authorized to transact business in the State of Michigan, as Surety, hereinafter called

“Surety”, are held and firmly bound unto

, as Obligee, and hereinafter

called “Obligee,” in the just and full sum of

Dollars

), lawful money of the United States of America, to be paid to the said Obligee, to which

payment well and truly to be made, we bind ourselves, our heirs, administrators, executors, successors and

assigns, jointly and severally, firmly by these presents.

THE CONDITIONS OF THIS OBLIGATION is such that, WHEREAS, the above Principal has entered into a

contract with the said Obligee, dated the _________ day of ____________________,

, for

which contract is herein referred to and made a part hereof as fully and to the same extent as if the same

were entirely written herein, and

WHEREAS, it was one of the conditions of the award of the said Obligee, pursuant to which said contract was

entered into, that these presents should be executed.

AND WHEREAS, this Bond is given in compliance with and subject to the provisions of Act No. 213 of the

Public Acts of Michigan for the year 1963, as amended, including all notices, time limitation provisions and

other requirements set forth therein, which are incorporated herein by reference.

AND THE SAID SURETY, for value received, hereby stipulates and agrees that no change, extension of time,

or any other forbearance, alteration or addition to the terms of the contract or to the Work to be performed

thereunder or the Contract Documents accompanying the same shall in anywise affect its obligations on this

bond, and it does hereby waive notice of any such change, extension of time, or any other forbearance,

alteration or addition to the terms of the contract or to the Work or to the Contract Documents.

NOW, THEREFORE, the condition of this obligation is such that if all claimants as defined in Act No. 213 of

the Public Acts of Michigan for the year 1963, as amended, are timely paid for all labor and material used or

reasonably required for use in the performance of the contract, then this obligation shall be void; otherwise,

it shall remain in full force and effect.

LABOR AND MATERIAL

PAYMENT BOND

00 6113-1

ODW2036.01G

Signed and sealed this ____________ day of ________________________.

Signed, sealed and delivered in the presence of:

Witness for CONTRACTOR

(Principal)

(Title)

Witness for Surety

(Surety)

(Title)

Attorney-In-Fact (Seal)

Address

City

Telephone

LABOR AND MATERIAL

PAYMENT BOND

Address of Surety

Zip Code

City

Zip Code

Telephone

00 6113-2

ODW2036.01G

Section 00 6275

Engineer's Certificate for Payment

Job Number:

Certificate Number:

Date:

OWNER:

CONTRACTOR:

Project:

Contract Date:

Substantial Completion Date:

Extended To:

Completion Date:

Extended To:

Original Contract Price

Total Earned To Date

Adjustments to Quantities

Retention

Extras

Deductions

Total Change Orders

Total Withheld

Amended Contract Price

Total Net Due

Less Total Net Due

Less Previous Certificates

Balance on Contract

Total Balance Due this Certificate

ENGINEER'S CERTIFICATE FOR PAYMENT

In accordance with the Contract Documents, based on the data comprising

the above application, the ENGINEER to the best of his knowledge,

information, and belief and subject to the limitations stated in the Contract

Documents certifies to the OWNER that: (1) Work has progressed to the

point indicated, (2) that the quality of the Work is in accordance with the

Contract Documents, and (3) the CONTRACTOR is entitled to payment of

the Total Balance Due This Certificate.

Certified

ENGINEER

ENGINEER’S CERTIFICATE FOR PAYMENT

Date

Recommended

00 6275-1

Date

ODW2036.01G

Section 00 6521

Prevailing Federal Wage Rate – Davis Bacon Act

Part 1

1.01

General

Summary

P.L. 111-88 requires compliance with the Davis Bacon Act and adherence to the current U.S.

Department of Labor Wage Decision. Attention is called to the fact that not less than the

minimum salaries and wages as set forth in the Contract Documents (see Wage Decision

included herein) must be paid on this project. The Wage Decision, including modifications,

must be posted by the Contractor on the job site. A copy of the Federal Labor Standards

Provisions is included and is hereby a part of this contract.

In case there is an omission of any trade from the list of wage and fringe benefit rates to

be paid to each class of mechanic by CONTRACTOR, it shall be understood that the

trades omitted shall also be paid not less than the wage and fringe benefit rates

prevailing in the locality in which the work is to be performed.

A finding by the U.S. Department of Labor’s Wage and Hour Division that CONTRACTOR

or subcontractor is in violation of the requirements of the contract shall be final.

Part 2

Products (Not Used)

Part 3

Execution (Not Used)

End of Section

See Appendix for Wage Rate Determination.

PREVAILING FEDERAL WAGE RATE

DAVIS BACON ACT

00 6521-1

ODW2036.01G

PREVAILING FEDERAL WAGE RATE

DAVIS BACON ACT

00 6521-2

ODW2036.01G

Section 00 7200

General Conditions

Article 1

Definitions .....................................................................................................................................................................5

1.01

Defined Terms ..................................................................................................................................................................5

1.02

Terminology ................................................................................................................................................................... 11

Article 2

Preliminary Matters ............................................................................................................................................... 11

2.01

Delivery of Bonds and Insurance .......................................................................................................................... 11

2.02

Copies of Documents .................................................................................................................................................. 11

2.03

Commencement of Contract Time; Notice to Proceed ................................................................................. 12

2.04

Starting the Project...................................................................................................................................................... 12

2.05

Preconstruction Meeting........................................................................................................................................... 12

2.06

Electronic Transmittals ............................................................................................................................................. 12

Article 3

Contract Documents Intent and Reuse .......................................................................................................... 13

3.01

Intent ................................................................................................................................................................................. 13

3.02

Reference to Standards and Specifications of Technical Societies ......................................................... 13

3.03

Reporting and Resolving Discrepancies ............................................................................................................. 14

3.04

Requirements of Contract Documents ................................................................................................................ 14

3.05

Order of Precedence ................................................................................................................................................... 15

3.06

Amending and Supplementing Contract Documents .................................................................................... 15

3.07

Reuse of Documents.................................................................................................................................................... 15

3.08

Electronic Data .............................................................................................................................................................. 16

Article 4

Availability of Lands; Subsurface and Physical Conditions; Reference Points ............................. 16

4.01

Availability of Lands ................................................................................................................................................... 16

4.02

Subsurface and Physical Conditions; Investigations and Reports .......................................................... 16

4.03

Unforeseen Physical Conditions ............................................................................................................................ 17

4.04

Utilities.............................................................................................................................................................................. 18

4.05

Reference Points ........................................................................................................................................................... 20

4.06

Constituents of Concern ............................................................................................................................................ 20

Article 5

Bonds and Insurance ............................................................................................................................................. 21

5.01

Performance and Other Bonds ............................................................................................................................... 21

5.02

Licensed Insurers and Sureties .............................................................................................................................. 22

5.03

Insurance ......................................................................................................................................................................... 22

5.04

Limits of Liability ......................................................................................................................................................... 24

5.05

Notice of Cancellation or Intent Not to Renew ................................................................................................ 24

5.06

Evidence of Coverage ................................................................................................................................................. 25

5.07

Qualification of Insurers............................................................................................................................................ 25

5.08

Damage Claims - Acknowledgment and Reports............................................................................................ 25

5.09

Cost of Insurance .......................................................................................................................................................... 25

5.10

Waiver of Rights ........................................................................................................................................................... 25

GENERAL CONDITIONS

00 7200-1

ODW2036.01G

5.11

Receipt and Application of Insurance Proceeds ............................................................................................. 26

Article 6

Contractor's Responsibilities ............................................................................................................................. 26

6.01

Supervision and Superintendence ........................................................................................................................ 26

6.02

Labor and Working Hours ........................................................................................................................................ 27

6.03

Services, Materials and Equipment ...................................................................................................................... 27

6.04

Substitutes and “Or-Equals” .................................................................................................................................... 27

6.05

Concerning Subcontractors ..................................................................................................................................... 29

6.06

Patent Fees and Royalties......................................................................................................................................... 30

6.07

Permits and Licenses .................................................................................................................................................. 31

6.08

Laws and Regulations................................................................................................................................................. 31

6.09

Taxes .................................................................................................................................................................................. 31

6.10

Use of Premises ............................................................................................................................................................. 31

6.11

Removal of Debris and Cleaning ............................................................................................................................ 32

6.12

Loading Structures ...................................................................................................................................................... 32

6.13

Protection of Utilities.................................................................................................................................................. 32

6.14

Record Documents ...................................................................................................................................................... 32

6.15

Safety and Protection ................................................................................................................................................. 32

6.16

Safety Representative................................................................................................................................................. 33

6.17

Hazard Communication Program.......................................................................................................................... 33

6.18

Emergencies ................................................................................................................................................................... 34

6.19

Shop Drawings and Samples ................................................................................................................................... 34

6.20

Submittal Procedures ................................................................................................................................................. 34

6.21

Engineer’s Review........................................................................................................................................................ 35

6.22

Continuing the Work .................................................................................................................................................. 35

6.23

Contractor’s General Warranty and Guarantee .............................................................................................. 36

6.24

Indemnification ............................................................................................................................................................. 36

6.25

Delegation of Professional Design Services ...................................................................................................... 38

Article 7

Work by Others ........................................................................................................................................................ 39

7.01

Related Work at Site ................................................................................................................................................... 39

Article 8

Owner's Responsibilities ..................................................................................................................................... 39

8.01

Communication to Contractor ................................................................................................................................ 39

8.02

Replacement of Engineer .......................................................................................................................................... 39

8.03

Furnishing Data............................................................................................................................................................. 39

8.04

Pay When Due................................................................................................................................................................ 40

8.05

Lands and Easements; Reports and Tests ......................................................................................................... 40

8.06

Change Orders ............................................................................................................................................................... 40

8.07

Inspections, Tests, and Approvals......................................................................................................................... 40

8.08

Limitation on Owner’s Responsibility ................................................................................................................. 40

8.09

Undisclosed Hazardous Materials......................................................................................................................... 40

GENERAL CONDITIONS

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8.10

Owner’S Designated Representative ................................................................................................................... 40

Article 9

Engineer's Status During Construction ......................................................................................................... 40

9.01

Owner's Representative ............................................................................................................................................ 40

9.02

Visits to Site .................................................................................................................................................................... 40

9.03

Resident Project Representative ........................................................................................................................... 41

9.04

Clarifications and Interpretations......................................................................................................................... 42

9.05

Authorized Variations in Work - Field Order ................................................................................................... 42

9.06

Rejecting Defective Work ......................................................................................................................................... 43

9.07

Shop Drawings, Change Orders, and Payments .............................................................................................. 43

9.08

Determinations for Unit Price Work .................................................................................................................... 43

9.09

Decisions on Disagreements, Claims ................................................................................................................... 43

9.10

Limitations on Engineer's Responsibilities....................................................................................................... 43

Article 10

Amending the Contract Documents; Changes in the Work ................................................................... 44

10.01

Amending and Supplementing Contract Documents............................................................................... 44

10.02

Owner-Authorized Changes in the Work ...................................................................................................... 45

10.03

Unauthorized Changes in the Work ................................................................................................................ 46

10.04

Change of Contract Price ...................................................................................................................................... 46

10.05

Change of Contract Times.................................................................................................................................... 47

10.06

Change Proposals .................................................................................................................................................... 47

10.07

Execution of Change Orders ............................................................................................................................... 48

10.08

Notification to Surety ............................................................................................................................................ 49

Article 11

Claims ........................................................................................................................................................................... 49

11.01

Claims ........................................................................................................................................................................... 49

Article 12

Cost of the Work; Allowances; Unit Price Work ........................................................................................ 50

12.01

Cost of Work .............................................................................................................................................................. 50

12.02

Allowances ................................................................................................................................................................. 53

12.03

Unit Price Work ....................................................................................................................................................... 53

12.04

Delays in Contractor’s Progress ........................................................................................................................ 54

Article 13

Tests and Inspection; Correction, Removal or Acceptance of Defective Work ............................ 56

13.01

Access to Work ......................................................................................................................................................... 56

13.02

Tests and Inspections ............................................................................................................................................ 56

13.03

Uncovering Work .................................................................................................................................................... 57

13.04

Defective Work......................................................................................................................................................... 58

13.05

Owner May Stop the Work .................................................................................................................................. 58

13.06

Correction or Removal of Defective Work ................................................................................................... 58

13.07

Guarantee Period .................................................................................................................................................... 58

13.08

Acceptance of Defective Work ........................................................................................................................... 59

13.09

Owner May Correct Defective Work ............................................................................................................... 59

GENERAL CONDITIONS

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Article 14

Payments to Contractor and Completion ..................................................................................................... 60

14.01

Schedules .................................................................................................................................................................... 60

14.02

Application for Progress Payment ................................................................................................................... 60

14.03

Retainage .................................................................................................................................................................... 61

14.04

Review of Applications for Progress Payment ........................................................................................... 61

14.05

Payment Becomes Due ......................................................................................................................................... 62

14.06

Contractor's Warranty of Title .......................................................................................................................... 63

14.07

Substantial Completion ........................................................................................................................................ 64

14.08

Partial Utilization .................................................................................................................................................... 64

14.09

Final Inspection ....................................................................................................................................................... 65

14.10

Final Application for Payment ........................................................................................................................... 66

14.11

Final Payment and Acceptance ......................................................................................................................... 66

14.12

Final Completion Delayed ................................................................................................................................... 67

14.13

Waiver of Claims...................................................................................................................................................... 67

14.14

Late Payments .......................................................................................................................................................... 67

Article 15

Suspension of Work and Termination ........................................................................................................... 67

15.01

Owner May Suspend Work ................................................................................................................................. 67

15.02

Owner May Terminate for Cause...................................................................................................................... 67

15.03

Termination for Convenience ............................................................................................................................ 69

15.04

Contractor May Stop Work or Terminate ..................................................................................................... 69

Article 16

Final Resolution of Disputes............................................................................................................................... 70

16.01

Methods and Procedures ..................................................................................................................................... 70

Article 17

Miscellaneous ........................................................................................................................................................... 70

17.01

Giving Notice ............................................................................................................................................................. 70

17.02

Computation of Time ............................................................................................................................................. 71

17.03

General......................................................................................................................................................................... 71

17.04

Professional Fees and Court Costs Included ............................................................................................... 71

17.05

Nondiscrimination of Employment ................................................................................................................. 71

17.06

Post Completion Date Engineering and Inspection Costs...................................................................... 71

17.07

Waiver of Consequential Damages .................................................................................................................. 72

17.08

No Waiver ................................................................................................................................................................... 72

17.09

Controlling Law........................................................................................................................................................ 72

17.10

Headings ..................................................................................................................................................................... 72

GENERAL CONDITIONS

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Article 1

Definitions

1.01

Defined Terms

Wherever used in these General Conditions or in the other Contract Documents,

the following terms have the meanings indicated which are applicable to both the

singular and plural thereof:

Addenda -- Written or graphic instruments issued prior to the opening of

Bids which clarify, correct or change the Contract Documents.

Agreement -- The written Agreement between OWNER and

CONTRACTOR covering the Work to be performed; other Contract

Documents are attached to the Agreement and made a part thereof as

provided therein.

Application and Certificate for Payment -- The form included in the

Contract Documents which is to be used by CONTRACTOR in requesting

progress or final payment and which is to be accompanied by such

supporting documentation as is required by the Contract Documents.

Bid -- The offer or proposal of the bidder submitted on the prescribed

form setting forth the price(s) for the Work to be performed.

Bidding Requirements -- The Advertisement for Bids, Instructions to

Bidders, Supplementary Instructions to Bidders, Proposal, Legal Status of

Bidder, Bid Bond, and any other documents identified in the Proposal, to

be submitted with the Bid.

Bonds -- Bid, Performance and Payment bonds and other instruments of

security.

Change Order -- A written order to CONTRACTOR, reviewed by the

ENGINEER and signed by OWNER, issued after execution of the Contract,

authorizing a change in the Work or an adjustment in the Contract Price

or the Contract Time. The Contract Price and Contract Time may be

changed only by Change Order. A Change Order signed by CONTRACTOR

indicates his agreement therewith, including that the Change Order

constitutes a final adjustment in the Contract Price or Contract Time for

all issues addressed or described in the Change Order.

Change Proposal -- A written request by CONTRACTOR, duly submitted

in compliance with the procedural requirements set forth herein, seeking

an adjustment in Contract Price or Contract Times; contesting an initial

decision by ENGINEER concerning the requirements of the Contract

Documents or the acceptability of Work under the Contract Documents;

challenging a set-off against payments due; or seeking other relief with

respect to the terms of the Contract.

Claims -a.

GENERAL CONDITIONS

A demand or assertion by OWNER directly to CONTRACTOR, duly

submitted in compliance with the procedural requirements set

forth herein, seeking an adjustment of Contract Price or Contract

Times; contesting an initial decision by ENGINEER concerning

the requirements of the Contract Documents or the acceptability

of Work under the Contract Documents; contesting ENGINEER’s

decision regarding a Change Proposal; seeking resolution of a

contractual issue that ENGINEER has declined to address; or

seeking other relief with respect to the terms of the Contract.

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GENERAL CONDITIONS

A demand or assertion by CONTRACTOR directly to OWNER, duly

submitted in compliance with the procedural requirements set

forth herein, contesting ENGINEER’s decision regarding a Change

Proposal, or seeking resolution of a contractual issue that

ENGINEER has declined to address.

A demand or assertion by OWNER or CONTRACTOR, duly

submitted in compliance with the procedural requirements set

forth herein, arising after ENGINEER has issued a

recommendation of final payment.

A demand for money or services by a third party is not a Claim.

10.

Constituents of Concern -- Asbestos, petroleum, radioactive materials,

polychlorinated biphenyls (PCBs), lead-based paint (as defined by the

HUD/EPA standard), hazardous waste, and any substance, product,

waste, or other material of any nature whatsoever that is or becomes

listed, regulated, or addressed pursuant to Laws and Regulations

regulating, relating to, or imposing liability or standards of conduct

concerning, any hazardous, toxic, or dangerous waste, substance, or

material.

11.

Contract -- The entire and integrated written contract between OWNER

and CONTRACTOR concerning the Work

12.

Contract Documents -- Those items so designated in the Agreement, and

which together comprise the Contract.

13.

Contract Price -- The monies or other considerations payable by OWNER

to CONTRACTOR for completion of acceptable Work in accordance with

the Contract Documents as stated in the Agreement.

14.

Contract Time -- The number of days or the date stated in the Agreement:

to achieve Substantial Completion of all or any specified portions

of the Work, and;

to complete the Work so that it is ready for final payment as

evidenced by ENGINEER’s written recommendation of final

payment in accordance with paragraph 14.11.

15.

CONTRACTOR -- The person, firm or corporation with whom OWNER has

entered into the Agreement.

16.

Cost of the Work -- The term Cost of the Work means the sum of all costs

necessary for the proper performance of the Work at issue, as further

defined in paragraph 12.01.

17.

Day -- A calendar day of 24 hours measured from midnight to the next

midnight.

18.

Defective -- An adjective which when modifying the word Work refers to

Work that is unsatisfactory, faulty or deficient, in that it does not conform

to the Contract Documents or does not meet the requirements of any

inspection, reference standard, test or approval referred to in the

Contract Documents, or has been damaged prior to ENGINEER's

recommendation of final payment.

19.

Drawings -- See Plans.

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GENERAL CONDITIONS

20.

Effective Date of Agreement -- The date indicated in the Agreement on

which it becomes effective, but if no such date is indicated it means the

date on which the Agreement is signed and delivered by the last of the

two parties to sign and deliver.

21.

Electronic Document -- Any Project-related correspondence,

attachments to correspondence, data, documents, drawings, information,

or graphics, including but not limited to Shop Drawings and other

Submittals, that are in an electronic or digital format.

22.

Electronic Means -- Electronic mail (email), upload/download from a

secure Project website, or other communications methods that allow:

the transmission or communication of Electronic Documents;

the documentation of transmissions, including sending and

receipt;

printing of the transmitted Electronic Document by the recipient;

the storage and archiving of the Electronic Document by sender

and recipient; and

the use by recipient of the Electronic Document for purposes

permitted by this Contract. Electronic Means does not include the

use of text messaging, or of Facebook, Twitter, Instagram, or

similar social media services for transmission of Electronic

Documents.

23.

ENGINEER -- The person, firm, or corporation identified in the

Supplementary Instructions to Bidders hired by OWNER to prepare Plans

and Specifications for the Project and to assist OWNER in interpreting

Plans and Specifications during the performance of the Work.

ENGINEER’s authority and responsibility are set forth in the Contract

between OWNER and ENGINEER. CONTRACTOR acknowledges and

agrees that ENGINEER’s obligations and duties under ENGINEER’s

contract with OWNER are obligations and duties to OWNER only, and

ENGINEER has no independent obligation to CONTRACTOR of any kind,

including but not limited to providing services, or to take any action or to

refrain from taking action on behalf of CONTRACTOR or any

Subcontractor, Sub-Subcontractor or Supplier.

24.

Field Order -- A written order issued by ENGINEER which clarifies or

interprets the Contract Documents or orders minor changes in the Work

in accordance with paragraphs 9.04 and 9.05 but which does not involve

a change in the Contract Price or the Contract Time.

25.

Hazardous Environmental Conditions -- The presence at the Site of

Constituents of Concern in such quantities or circumstances that may

present a danger to persons or property exposed thereto.

The presence at the Site of materials that are necessary for the

execution of the Work, or that are to be incorporated into the

Work, and that are controlled and contained pursuant to industry

practices, Laws and Regulations, and the requirements of the

Contract, is not a Hazardous Environmental Condition.

The presence of Constituents of Concern that are to be removed

or remediated as part of the Work is not a Hazardous

Environmental Condition.

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GENERAL CONDITIONS

The presence of Constituents of Concern as part of the routine,

anticipated, and obvious working conditions at the Site, is not a

Hazardous Environmental Condition.

26.

Laws and Regulations; Laws or Regulations Any and all applicable laws,

rules, regulations, ordinances, codes and orders of any and all

governmental bodies, agencies, authorities and courts having

jurisdiction.

27.

Lump Sum -- Construction Work where the OWNER pays a single

stipulate price (Lump Sum) for the entire scope of Work; plus or minus

alternates and/or allowances. However, unit prices may be required for

individual items of Work for the purposes of changes, additions, or

deletions.

28.

Milestone -- A principal event specified in the Contract Documents

relating to an intermediate completion date or time prior to Substantial

Completion of the Work.

29.

Notice of Award -- The written notice by OWNER to the apparent

successful Bidder stating that, upon compliance by the apparent

successful Bidder with the conditions precedent enumerated therein,

within the time specified, OWNER will sign and deliver the Agreement.

30.

Notice to Proceed -- A written notice given by OWNER to CONTRACTOR

(with a copy to ENGINEER) fixing the date on which the Contract Time

will commence to run and on which CONTRACTOR shall start to perform

his obligation under the Contract Documents.

31.

OWNER -- The public body or authority, corporation, limited liability

company, association, partnership, or individual with whom

CONTRACTOR has entered into the Agreement and for whom the Work

is to be provided and as identified in the Supplementary Instructions to

Bidders.

32.

Partial Utilization -- Use by OWNER of a substantially completed part of

the Work for the purpose for which it is intended (or a related purpose)

prior to Substantial Completion of all the Work.

33.

Plans -- The part of the Contract Documents which graphically show the

extent, character and Scope of the Work to be furnished and performed

by CONTRACTOR and which have been prepared or approved by the

ENGINEER or OWNER; sometimes also referred to as Drawings.

34.

Progress Schedule -- A schedule, prepared and maintained by

CONTRACTOR, describing the sequence and duration of the activities

comprising CONTRACTOR’s plan to accomplish the Work within the

Contract Times.

35.

Project -- The total construction of which the Work to be provided under

the Contract Documents may be the whole or a part as indicated

elsewhere in the Contract Documents.

36.

Project Manual -- The volume assembled for the Project which may

include, among other parts, Procurement Requirements, Contracting

Requirements and Specifications.

37.

Proposal -- The offer or bid of the Bidder submitted on the prescribed

form setting forth the prices for the Work to be performed.

38.

Radioactive Material -- Source, special nuclear, or byproduct material as

defined by the Atomic Energy Act of 1954 as amended.

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GENERAL CONDITIONS

39.

Resident Project Representative -- The authorized representative of

ENGINEER who may be assigned to the Site or any part thereof.

40.

Samples -- Physical examples of materials, equipment, or workmanship

that are representative of some portion of the Work and which establish

the standards by which such portion of the Work will be judged.

41.

Schedule of Submittals -- A schedule, prepared and maintained by

CONTRACTOR, of required Submittals and the time requirements for

ENGINEER’s review of the Submittals.

42.

Schedule of Values -- A schedule, prepared and maintained by

CONTRACTOR, allocating portions of the Contract Price to various

portions of the Work and used as the basis for reviewing CONTRACTOR’s

Applications for Payment.

43.

Shop Drawings -- All drawings, diagrams, illustrations, schedules and

other data or information required by the Contract Documents which are

specifically prepared or assembled by or for CONTRACTOR and

submitted by CONTRACTOR to illustrate material or equipment for some

portion of the Work.

44.

Site -- Lands or areas indicated in the Contract Documents as being

furnished by OWNER upon which the Work is to be performed, including

rights-of-way and easements, and such other lands or areas furnished by

OWNER which are designated for the use of CONTRACTOR.

45.

Specifications -- That part of the Contract Documents which consist of

written technical descriptions of materials, equipment, construction

systems, standards and workmanship as applied to the Work and certain

administrative details applicable thereto.

Project Specifications are those portions of the Contract

Documents which have been prepared specifically for this

Project and which are identified by the job number in the lower

right-hand corner of each page.

Standard Specifications are Specification sections that are the

same from Project to Project as of the revision date shown in the

lower left-hand corner of the page.

Standard Specification Section Revisions -- Section 00 9120 of the

Specifications which amends or supplements the Standard

Specification Sections.

46.

Subcontractor -- An individual, firm or corporation having a direct

contract with CONTRACTOR or with any other Subcontractor for the

performance of a part of the Work at the Site.

47.

Submittal -- A written or graphic document, prepared by or for

CONTRACTOR, which the Contract Documents require CONTRACTOR to

submit to ENGINEER, or that is indicated as a Submittal in the Schedule

of Submittals accepted by ENGINEER. Submittals may include Shop

Drawings and Samples; schedules; product data; OWNER-delegated

designs; sustainable design information; information on special

procedures; testing plans; results of tests and evaluations, source qualitycontrol testing and inspections, and field or Site quality-control testing

and inspections; warranties and certifications; Suppliers’ instructions

and reports; records of delivery of spare parts and tools; operations and

maintenance data; Project photographic documentation; record

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documents; and other such documents required by the Contract

Documents. Submittals, whether or not approved or accepted by

ENGINEER, are not Contract Documents. Change Proposals, Change

Orders, Claims, notices, Applications for Payment, and requests for

interpretation or clarification are not Submittals.

GENERAL CONDITIONS

48.

Substantial Completion -- The Work (or a specified part thereof) has

progressed to the point where, in the opinion of ENGINEER as evidenced

by the Certificate of Substantial Completion, it is sufficiently complete, in

accordance with the Contract Documents, so that the Work (or specified

part) can be utilized for the purposes for which it was intended; or if no

such certificate is issued, when the Work is complete and ready for final

payment as evidenced by ENGINEER’s written recommendation of final

payment in accordance with paragraph 14.11. The terms "substantially

complete" and "substantially completed" as applied to all or part of the

Work refer to Substantial Completion thereof.

49.

Supplementary Conditions -- The part of the Contract Documents which

amends or supplements these General Conditions.

50.

Supplementary Instructions to Bidders -- The part of the Contract

Documents which amends or supplements the Instructions to Bidders.

51.

Supplier -- A manufacturer, fabricator, supplier, distributor, material

man, or vendor having a direct contract with CONTRACTOR, or with any

Subcontractor, or with OWNER, to furnish materials or equipment to be

incorporated in the Work by CONTRACTOR or any Subcontractor.

52.

Unit Price -- Construction Work where the OWNER pays a fixed sum (Unit

Price) per each completed unit of Work. Units are listed on the Proposal

Form.

53.

Utilities – Underground or above ground pipelines, conduits, ducts,

cables, wires, manholes, vaults, tanks, tunnels or other such facilities or

attachments, and any structures or encasements containing such

facilities, which have been installed to furnish any of the following

services or materials: electricity, gases, steam, liquid petroleum products,

telephone or other communications, cable television, sewage and

drainage removal, traffic or other control systems, water or other liquids

or chemicals.

54.

Work -- The entire completed construction or the various separately

identifiable parts thereof required to be furnished under the Contract

Documents. Work includes and is the result of performing or furnishing

labor and furnishing and incorporating materials and equipment into the

construction, and performing or furnishing services and furnishing

documents, all as required by the Contract Documents.

55.

Work Change Directive -- A written directive to CONTRACTOR, issued on

or after the Effective Date of the Agreement and signed by OWNER and

reviewed by ENGINEER, ordering an addition, deletion or revision in the

Work, or responding to differing or unforeseen physical conditions under

which the Work is to be performed as provided in paragraph 4.03 or to

emergencies under paragraph 6.18. A Work Change Directive will not

change the Contract Price or Contract Time but is evidence that the

parties expect that the change directed or documented by a Work Change

Directive will be incorporated in a subsequently issued Change Order

following negotiations by the parties as to its effect, if any, on the Contract

Price or Contract Time as provided in paragraph 10.01.

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1.02

Terminology

Article 2

The following words, terms, or phrases are not defined but, when used in the

Contract Documents, have the following meaning:

Whenever in the Contract Documents the terms “as ordered,” “as

directed,” “as required,” “as allowed,” “as approved” or terms of like effect

or import are used; or the adjectives “reasonable,” “suitable,”

“acceptable,” “proper” or “satisfactory” or adjectives of like effect or

import are used to describe a requirement, direction, review or judgment

of ENGINEER as to the Work, it is intended that such requirement,

direction, review or judgment will be solely to evaluate, in general, the

completed Work for compliance with the technical requirements of and

information in the Contract Documents and conformance with the design

concept of the completed Project as a functioning whole as shown or

indicated in the Contract Documents (unless there is a specific statement

indicating otherwise). The use of any such term or adjective shall not be

effective to assign to ENGINEER any duty or authority to supervise or

direct the furnishing or performance of the Work or any duty or authority

to undertake responsibility contrary to the provisions of paragraph 9.10

or any other provision of the Contract Documents.

The word “furnish,” when used in connection with services, materials, or

equipment, shall mean to supply and deliver said services, materials, or

equipment to the Site (or some other specified location) ready for use or

installation and in usable or operable condition.

The word “install,” when used in connection with services, materials, or

equipment, shall mean to put into use or place in final position said

services, materials, or equipment complete and ready for intended use.

The words “perform” or “provide,” when used in connection with

services, materials, or equipment, shall mean to furnish and install said

services, materials, or equipment complete and ready for intended use.

When “furnish,” “install,” “perform,” or “provide” is not used in

connection with services, materials, or equipment in a context clearly

requiring an obligation of CONTRACTOR, “provide” is implied.

Unless stated otherwise in the Contract Documents, words or phrases which have

a well-known technical or construction industry or trade meaning are used in the

Contract Documents in accordance with such recognized meaning.

Preliminary Matters

2.01

Delivery of Bonds and Insurance

2.02

When CONTRACTOR delivers the executed Agreements to OWNER,

CONTRACTOR shall also deliver to OWNER such Bonds and Insurance Certificates

and other evidence of Insurance requested as CONTRACTOR may be required to

furnish in accordance with Article 5. No Work at the site may begin or progress

payments made to CONTRACTOR until all Bonds and Insurance Certificates in the

form and substance required in Article 5 have been submitted and approved by

OWNER.

Copies of Documents

GENERAL CONDITIONS

OWNER shall furnish to CONTRACTOR up to 5copies of the Contract Documents

(including at least one fully signed counterpart of the Agreement) as are

reasonably necessary for the execution of the Work. Additional copies will be

furnished, upon request, at the cost of reproduction.

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2.03

Commencement of Contract Time; Notice to Proceed

2.04

Starting the Project

2.05

CONTRACTOR shall start to perform the Work within 10 days of when the

Contract Time commences to run, but no Work shall be done at the Site prior to

the date on which the Contract Time commences to run. CONTRACTOR shall

notify the ENGINEER at least 3 working days in advance of the time he intends to

start Work.

Preconstruction Meeting

Within 10 days of the Effective Date of the Agreement and prior to the delivery of

materials or the start of any construction, the CONTRACTOR shall request a

Preconstruction Meeting from ENGINEER. A minimum of 3 full working days'

notice shall be required.

Prior to the scheduling of the Preconstruction Meeting, CONTRACTOR shall

submit to ENGINEER for review:

2.06

Time is of the essence in the performance of the Work. The Contract Time will

commence to run on the 30th day after the effective date of the Agreement, or, if

a Notice to Proceed is given, on the day indicated in the Notice to Proceed. A

Notice to Proceed may be given at any time within 30 days after the effective date

of the Agreement. In no event will the Contract Time commence to run later than

the 30th day after the effective date of the Agreement. Time limits stated in the

Contract Documents are of the essence of the Agreement.

A preliminary Progress Schedule indicating the starting and completion

dates of the various stages of the Work, including any Milestones

specified in the Contract Documents;

A preliminary Schedule of Submittals which will list each required

Submittal and the times for submitting, reviewing and processing such

Submittal;

An estimated monthly payment schedule, and a preliminary Schedule of

Values for all of the Work.

The Preconstruction Meeting will be held for review and acceptance of the

schedules, to establish procedures for handling Shop Drawings and other

Submittals, for processing Applications for Payment, and to establish a working

understanding among the parties as to the Work.

Electronic Transmittals

Except as otherwise stated elsewhere in the Contract, the OWNER, ENGINEER,

and CONTRACTOR may send, and shall accept, Electronic Documents transmitted

by Electronic Means.

If the Contract does not establish protocols for Electronic Means, then OWNER,

ENGINEER, and CONTRACTOR shall jointly develop such protocols.

Subject to any governing protocols for Electronic Means, when transmitting

Electronic Documents by Electronic Means, the transmitting party makes no

representations as to long-term compatibility, usability, or readability of the

Electronic Documents resulting from the recipient’s use of software application

packages, operating systems, or computer hardware differing from those used in

the drafting or transmittal of the Electronic Documents.

GENERAL CONDITIONS

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Article 3

Contract Documents Intent and Reuse

3.01

3.02

Intent

The Contract Documents are complementary; what is required by one Contract

Document is as binding as if required by all.

It is the intent of the Contract Documents to describe a functionally complete

Project (or part thereof) to be constructed in accordance with the Contract

Documents.

Unless otherwise stated in the Contract Documents, if there is a discrepancy

between the electronic versions of the Contract Documents (including any

printed copies derived from such electronic versions) and the printed record

version, the printed record version will govern.

The Contract supersedes prior negotiations, representations, and agreements,

whether written or oral.

ENGINEER will issue clarifications and interpretations of the Contract Documents

as provided herein.

Any provision or part of the Contract Documents held to be void or unenforceable

under any Law or Regulation will be deemed stricken, and all remaining

provisions will continue to be valid and binding upon OWNER and CONTRACTOR,

which agree that the Contract Documents will be reformed to replace such

stricken provision or part thereof with a valid and enforceable provision that

comes as close as possible to expressing the intention of the stricken provision.

Nothing in the Contract Documents creates:

any contractual relationship between OWNER or ENGINEER and any

Subcontractor, Supplier, or other individual or entity performing or

furnishing any of the Work, for the benefit of such Subcontractor,

Supplier, or other individual or entity; or

any obligation on the part of OWNER or ENGINEER to pay or to see to the

payment of any money due any such Subcontractor, Supplier, or other

individual or entity, except as may otherwise be required by Laws and

Regulations; or

any obligation on the part of ENGINEER to CONTRACTOR.

Reference to Standards and Specifications of Technical Societies

Reference to standards, specifications, manuals or codes of any technical society,

organization or association, or to the Laws or Regulations of any governmental

authority, whether such reference be specific or by implication, shall mean the

latest standard, specification, manual, or Laws or Regulations in effect at the time

of opening of Bids or, on the effective date of the Agreement if there were no Bids,

except as may be otherwise specifically stated in the Contract Documents.

It is the intent of the Contract Documents to describe a functionally complete

project (or part thereof) to be constructed in accordance with the Contract

Documents. Any Work, materials, or equipment that may reasonably be inferred

from the Contract Documents or from prevailing custom or trade usage as being

required to produce the intended result shall be furnished and performed

whether or not it is specifically called for.

GENERAL CONDITIONS

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3.03

3.04

No provision of any standard, specification, manual, code or instruction shall be

effective to change the duties and responsibilities of OWNER, CONTRACTOR or

ENGINEER, or any of their Subcontractors, consultants, agents, or employees

from those set forth in the Contract Documents, nor shall it be effective to assign

to OWNER, ENGINEER or any of ENGINEER’s consultants, agents or employees,

any duty or authority to supervise or direct the furnishing or performance of the

Work or any duty or authority to undertake responsibility inconsistent with the

provisions of paragraph 9.10 or any other provision of the Contract Documents.

Reporting and Resolving Discrepancies

Before undertaking each part of the Work, CONTRACTOR shall carefully study

and compare the Contract Documents and check and verify pertinent figures

therein and all applicable field measurements. CONTRACTOR has a duty to and

shall promptly report in writing to ENGINEER any conflict, error, ambiguity, or

discrepancy which CONTRACTOR should reasonably have discovered and shall

obtain a written interpretation or clarification from ENGINEER before

proceeding with any Work affected thereby.

If, during the performance of the Work, CONTRACTOR discovers any conflict,

error, ambiguity or discrepancy within the Contract Documents or between the

Contract Documents and any provision of any Law or Regulation applicable to the

performance of the Work or of any standard, specification, manual or code, or of

any instruction of any Supplier, CONTRACTOR shall report it to ENGINEER in

writing at once, and, CONTRACTOR shall not proceed with the Work affected

thereby (except in an emergency as authorized by paragraph 6.18) until receiving

written instruction or clarification from ENGINEER or OWNER. However,

CONTRACTOR shall not be liable to OWNER or ENGINEER for failure to report

any such conflict, error, ambiguity or discrepancy unless CONTRACTOR knew or

reasonably should have known thereof.

Except as otherwise specifically stated in the Contract Documents or as may be

provided by amendment or supplement issued by one of the methods indicated

in paragraph 3.05, the provisions of the Contract Documents shall take

precedence in resolving any conflict, error, ambiguity or discrepancy between the

provisions of the Contract Documents and;

the provisions of any standard, specification, manual, code or instruction

(whether or not specifically incorporated by reference in the Contract

Documents); or

the provisions of any Laws or Regulations applicable to the performance

of the Work (unless such an interpretation of the provisions of the

Contract Documents would result in violation of such Law or Regulation).

Requirements of Contract Documents

GENERAL CONDITIONS

During the performance of the Work and until final payment, CONTRACTOR and

OWNER shall submit to the ENGINEER in writing all matters in question

concerning the requirements of the Contract Documents (sometimes referred to

as requests for information or interpretation—RFIs), or relating to the

acceptability of the Work under the Contract Documents, as soon as possible after

such matters arise. ENGINEER will be the initial interpreter of the requirements

of the Contract Documents, and judge of the acceptability of the Work.

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3.05

ENGINEER will, with reasonable promptness, render a written clarification,

interpretation, or decision on the issue submitted, or initiate an amendment or

supplement to the Contract Documents. ENGINEER’s written clarification,

interpretation, or decision will be final and binding on CONTRACTOR, unless it

appeals by submitting a Change Proposal, and on OWNER, unless it appeals by

filing a Claim.

If a submitted matter in question concerns terms and conditions of the Contract

Documents that do not involve

the design (as set forth in the Drawings, Specifications, or otherwise), or

other engineering or technical matters, then ENGINEER will promptly

notify OWNER and CONTRACTOR in writing that ENGINEER is unable to

provide a decision or interpretation. If OWNER and CONTRACTOR are

unable to agree on resolution of such a matter in question, either party

may pursue resolution as provided in paragraph 11.01.

In resolving conflicts, errors or discrepancies between Plans and Specifications,

figured dimensions shall govern over scaled dimensions;

Plans shall govern over Standard Specifications;

and Project Specifications shall govern over Standard Specifications and

Plans.

Amending and Supplementing Contract Documents

3.07

the performance or acceptability of the Work under the Contract

Documents,

Order of Precedence

3.06

The Contract Documents may be amended to provide for additions, deletions and

revisions in the Work or to modify the terms and conditions thereof in one or

more of the following ways:

a Field Order (pursuant to paragraph 9.05), or,

a Change Order (pursuant to paragraph 10.01.A.1), or

a Work Change Directive Order (pursuant to paragraph 10.01.A.2)

In addition, the requirements of the Contract Documents may be supplemented,

and minor variations and deviations in the Work may be authorized, in one or

more of the following ways:

a Field Order (pursuant to paragraph 9.05),

ENGINEER’s review of a Shop Drawing or Sample (pursuant to paragraph

6.21), or

ENGINEER’s written interpretation or clarification (pursuant to

paragraph 9.04).

Reuse of Documents

Neither CONTRACTOR nor any Subcontractor, manufacturer, fabricator, Supplier,

distributor, or other person or organization performing or furnishing any of the

Work under a direct or indirect contract with OWNER:

GENERAL CONDITIONS

shall have or acquire any title to or ownership rights in any of the Plans,

Specifications, or other documents (or copies of any thereof) prepared by

or bearing the seal of ENGINEER or ENGINEER’s Consultant, and

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3.08

Article 4

they shall not reuse any of such Plans, Specification, other documents or

copies on extensions of the Project or any other project without written

consent of OWNER and ENGINEER and specific written verification or

adaptation by ENGINEER.

Electronic Data

Except as otherwise stated elsewhere in the Contract Documents, OWNER,

ENGINEER and CONTRACTOR may transmit, and shall accept, Project-related

correspondence, text, data, documents, drawings, information and graphics,

including but not limited to Shop Drawings and other Submittals, in electronic

media or digital format, either directly or through access to a secure Project

website.

When transferring documents in electronic media format, the transferring party

makes no representations as to long term compatibility, usability, or readability

of documents resulting from the use of software application packages, operating

systems, or computer hardware differing from those used by the data’s creator.

Availability of Lands; Subsurface and Physical Conditions; Reference Points

4.01

Availability of Lands

4.02

OWNER shall furnish, as indicated in the Contract Documents and not later than

the established date for beginning Work on the Contract, the lands upon which

the Work is to be performed, rights of way and easements for access thereto, and

such other lands which are designated for the use of CONTRACTOR. OWNER shall

identify any encumbrances or restrictions not of general application but

specifically related to use of lands so furnished with which CONTRACTOR will

have to comply in performing the Work. Easements for permanent structures or

permanent changes in existing facilities will be obtained and paid for by OWNER,

unless otherwise provided in the Contract Documents. CONTRACTOR shall

provide for all additional lands and access thereto that may be required for

temporary construction facilities or storage of materials and equipment unless

otherwise provided in the Contract Documents.

Subsurface and Physical Conditions; Investigations and Reports

Reference is made to the Supplementary Conditions for identification of those

reports of investigations and tests of subsurface and physical conditions at the

Site or otherwise affecting cost, progress or performance of the Work which have

been reviewed in preparation of the Contract Documents. Such reports are not

guaranteed as to accuracy or completeness and are not part of the Contract

Documents.

The locations of utilities or other physical conditions relating to existing surface

or subsurface structures at or contiguous to the Site as shown on the Plans are

taken from drawings from sources believed to be reliable. Neither the OWNER

nor ENGINEER will be responsible for any omissions of, or variations from, the

indicated location of existing utilities which may be encountered in the Work.

CONTRACTOR shall draw its own conclusions as to the general accuracy of the

“technical data” contained in such reports and drawings, and confirms such

reports and drawings are not Contract Documents. CONTRACTOR may not rely

upon or make any Claim against OWNER, ENGINEER or any of ENGINEER’s

Consultants with respect to:

GENERAL CONDITIONS

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4.03

the completeness of such reports and drawings for

CONTRACTOR’s purposes, including, but not limited to, any

aspects of the means, methods, techniques, sequences and

procedures of construction to be employed by CONTRACTOR and

safety precautions and programs incident thereto, or

other data, interpretations, opinions and information contained

in such reports or shown or indicated in such drawings, or

any CONTRACTOR interpretation of or conclusion drawn from

any “technical data” or any such data, interpretations, opinions

or information.

The cost of all the following will be included in the Contract Price and

CONTRACTOR shall have full responsibility for:

reviewing and checking all such information and data,

locating all Utilities during construction,

coordination of the Work with the owners of such Utilities, and

the safety and protection of all such Utilities as provided in

paragraph 6.15 and repairing any damage thereto resulting from

the Work.

Unforeseen Physical Conditions

A. If CONTRACTOR discovers one or both of the following physical conditions of

surface or subsurface at the Project or improvement Site, before disturbing the

physical condition, the CONTRACTOR shall immediately notify OWNER and

ENGINEER of the physical condition; and follow up within 48 hours in writing:

A subsurface or a physical condition at the Site differing materially from

those indicated in the Contract Documents, or

An unknown physical condition at the Site of a nature differing materially

from those ordinarily encountered and generally recognized as inherent

in work of the character provided for the improvement project.

ENGINEER’s Review. After receipt of written notice as required by the preceding

paragraph, ENGINEER will promptly review the subsurface or physical condition

in question; determine the necessity of OWNER’s obtaining additional

exploration or tests with respect to the condition; conclude whether the condition

falls within any one or more of the differing site condition categories in paragraph

4.03.A above; obtain any pertinent cost or schedule information from

CONTRACTOR; prepare recommendations to OWNER regarding the

CONTRACTOR’s resumption of Work in connection with the subsurface or

physical condition in question and the need for any change in the Drawings or

Specifications; and advise OWNER in writing of ENGINEER’s findings,

conclusions, and recommendations.

OWNER’s Statement to CONTRACTOR Regarding Site Condition. After receipt of

ENGINEER’s written findings, conclusions, and recommendations, OWNER shall

issue a written statement to CONTRACTOR (with a copy to ENGINEER) regarding

the subsurface or physical condition in question, addressing the resumption of

Work in connection with such condition, indicating whether any change in the

Drawings or Specifications will be made, and adopting or rejecting ENGINEER’s

written findings, conclusions, and recommendations, in whole or in part.

GENERAL CONDITIONS

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Possible Price and Times Adjustments.

4.04

CONTRACTOR shall be entitled to an equitable adjustment in Contract

Price or Contract Times, or both, to the extent that the existence of a

differing subsurface or physical condition, or any related delay,

disruption, or interference, causes an increase or decrease in

CONTRACTOR’s cost of, or time required for, performance of the Work;

subject, however, to the following:

such condition must fall within any one or more of the categories

described in paragraph 4.03.A;

with respect to Work that is paid for on a Unit Price basis, any

adjustment in Contract Price will be subject to the provisions of

paragraph 12.03; and

CONTRACTOR’s entitlement to an adjustment of the Contract

Times is conditioned on such adjustment being essential to

CONTRACTOR’s ability to complete the Work within the Contract

Times pursuant to paragraph 10.05.

CONTRACTOR shall not be entitled to any adjustment in the Contract

Price or Contract Times with respect to a subsurface or physical

condition if:

CONTRACTOR knew of the existence of such condition at the time

CONTRACTOR made a commitment to OWNER with respect to

Contract Price and Contract times by the submission of a Bid or

becoming bound under a negotiated contract, or otherwise; or

the existence of such condition reasonably could have been

discovered or revealed as a result of any examination,

investigation, exploration, test, or study of the Site and

contiguous areas expressly required by the Bidding

Requirements or Contract Documents to be conducted by or for

CONTRACTOR prior to CONTRACTOR’s making such

commitment; or

CONTRACTOR failed to give the written notice as required by

paragraph 4.03.A.

If OWNER and CONTRACTOR agree regarding CONTRACTOR’s

entitlement to and the amount or extent of any adjustment in the

Contract Price or Contract Times, or both, then any such adjustment shall

be set forth in a Change Order or Work Change Directive.

CONTRACTOR may submit a Change Proposal regarding its entitlement

to or the amount or extent of any adjustment in the Contract Price or

Contract Times, or both, no later than 30 days after OWNER’s issuance of

the OWNER’s written statement to CONTRACTOR regarding the

subsurface or physical condition in question.

Utilities

CONTRACTOR’s Responsibilities. The information and data shown or indicated

in the Contract Documents with respect to existing Utilities at or adjacent to the

Site, if any, is based on information and data furnished to OWNER or ENGINEER

by the owners of such Utilities, including OWNER, or by others.

GENERAL CONDITIONS

OWNER and ENGINEER do not warrant or guarantee the accuracy or

completeness of any such information or data provided by others; and

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the cost of all of the following will be included in the Contract Price, and

CONTRACTOR shall have full responsibility for:

reviewing and checking all information and data regarding

existing Utilities at the Site;

locating all Utilities shown or indicated in the Contract

Documents as being at the Site;

coordination of the Work with the owners (including OWNER) of

such Utilities, during construction; and

the safety and protection of all existing Utilities at the Site, and

repairing any damage thereto resulting from the Work.

Notice by CONTRACTOR. If CONTRACTOR believes that an Utilities that is

uncovered or revealed at the Site was not shown or indicated in the Contract

Documents, or was not shown or indicated with reasonable accuracy, then

CONTRACTOR shall, promptly after becoming aware thereof and before further

disturbing conditions affected thereby or performing any Work in connection

therewith (except in an emergency as required by paragraph 6.18), identify the

owner of such Underground Facility and give written notice to that owner and to

OWNER and ENGINEER.

ENGINEER’s Review. ENGINEER will:

promptly review the Utilities and conclude whether such Utilities was not

shown or indicated in the Contract Documents,

or was not shown or indicated with reasonable accuracy;

obtain any pertinent cost or schedule information from CONTRACTOR;

prepare recommendations to OWNER regarding the CONTRACTOR’s

resumption of Work in connection with the Utilities in question;

determine the extent, if any, to which a change is required in the

Drawings or Specifications to reflect and document the consequences of

the existence or location of the Utilities;

and advise OWNER in writing of ENGINEER’s findings, conclusions, and

recommendations.

During such time, CONTRACTOR shall be responsible for the safety and

protection of such Underground Facility.

OWNER’s Statement to CONTRACTOR Regarding Utilities. After receipt of

ENGINEER’s written findings, conclusions, and recommendations, OWNER shall

issue a written statement to CONTRACTOR (with a copy to ENGINEER) regarding

the Utilities in question, addressing the resumption of Work in connection with

such Underground Facility, indicating whether any change in the Drawings or

Specifications will be made, and adopting or rejecting ENGINEER’s written

findings, conclusions, and recommendations in whole or in part.

Possible Price and Times Adjustments:

GENERAL CONDITIONS

CONTRACTOR shall be entitled to an equitable adjustment in the Contract

Price or Contract Times, or both, to the extent that any existing Utilities

at the Site that was not shown or indicated in the Contract Documents, or

was not shown or indicated with reasonable accuracy, or any related

delay, disruption, or interference, causes an increase or decrease in

CONTRACTOR’s cost of, or time required for, performance of the Work;

subject, however, to the following:

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4.05

CONTRACTOR did not know of and could not reasonably have

been expected to be aware of or to have anticipated the existence

or actual location of the Utilities in question;

With respect to Work that is paid for on a Unit Price basis, any

adjustment in Contract Price will be subject to the provisions of

paragraph 12.03;

CONTRACTOR’s entitlement to an adjustment of the Contract

Times is conditioned on such adjustment being essential to

CONTRACTOR’s ability to complete the Work within the Contract

Times; and

CONTRACTOR gave the notice required in paragraph 4.04.B.

If OWNER and CONTRACTOR agree regarding CONTRACTOR’s

entitlement to and the amount or extent of any adjustment in the

Contract Price or Contract Times, or both, then any such adjustment shall

be set forth in a Change Order.

CONTRACTOR may submit a Change Proposal regarding its entitlement

to or the amount or extent of any adjustment in the Contract Price or

Contract Times, or both, no later than 30 days after OWNER’s issuance of

the OWNER’s written statement to CONTRACTOR regarding the

Underground Facility in question.

Reference Points

4.06

OWNER shall provide engineering surveys for construction to establish property

corners, monuments, bench marks and similar reference points which in his

judgment are necessary to enable CONTRACTOR to proceed with the Work.

CONTRACTOR shall be responsible for the preservation of established reference

points and shall make no changes or relocations without the prior written

approval of OWNER. CONTRACTOR shall report to ENGINEER whenever any

reference point is lost or destroyed or requires relocation because of necessary

changes in grades or locations. Reference points destroyed by negligence of

CONTRACTOR will be replaced by OWNER at the expense of CONTRACTOR.

Construction Staking will be furnished by OWNER as provided in Division 01 of

the Specifications.

Constituents of Concern

OWNER shall be responsible for any Constituents of Concern uncovered or

revealed at the Site which was not shown or indicated in Plans or Specifications

or identified in the Contract Documents to be within the scope of the Work and

which may present a substantial danger to persons or property exposed thereto

in connection with the Work at the Site. OWNER shall not be responsible for any

such materials brought to the Site by CONTRACTOR, Subcontractor, Suppliers or

anyone else for whom CONTRACTOR is responsible.

Upon discovering any such material, CONTRACTOR shall immediately:

GENERAL CONDITIONS

stop all Work in connection with such Hazardous Environmental

Condition and in any area affected thereby (except in emergency as

required by paragraph 6.18), and

notify OWNER and ENGINEER (and thereafter confirm such notice in

writing). OWNER shall promptly consult with ENGINEER concerning the

necessity for OWNER to retain a qualified expert to evaluate such

Hazardous Environmental Condition or take corrective action, if any.

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specifying that such condition and any affected area is or has been

rendered safe for the resumption of Work, or

specifying any special conditions under which such Work may be

resumed safely.

If OWNER and CONTRACTOR cannot agree as to entitlement to, or the amount, or

extent of an adjustment, if any, in Contract Price or Contract Terms as a result of

such Work stoppage or such special conditions under which Work is agreed by

CONTRACTOR to be resumed, either party may make a Claim therefor as provided

in paragraph 11.01.

If after receipt of such special written notice CONTRACTOR does not agree to

resume such Work based on a reasonable belief it is unsafe, or does not agree to

resume such Work under such special conditions, then OWNER may order such

portion of the Work that is in connection with such condition, or in such affected

area, to be deleted from the Work. If OWNER and CONTRACTOR cannot agree as

to entitlement to, or the amount, or extent of an adjustment, if any, in Contract

Price or Contract Time as a result of deleting such portion of the Work, then either

party may make a Claim therefor as provided in paragraph 11.01. OWNER may

have such deleted portion of the Work performed by OWNER's own forces or

others in accordance with paragraph 7.01.

To the fullest extent permitted by Laws and Regulations, OWNER shall indemnify

and hold harmless CONTRACTOR, Subcontractors, ENGINEER, ENGINEER's

Consultants and the officers, directors, employees, agents, other consultants and

subcontractors of each and any of them from and against all claims, costs, losses,

damages and expenses arising out of or resulting from such condition per this

paragraph 4.06, provided that:

Article 5

CONTRACTOR shall not be required to resume Work in connection with such

Hazardous Environmental Condition or in any such affected areas until after

OWNER has obtained any required permits related thereto and delivered to

CONTRACTOR special written notice:

any such claim, cost, loss or damage is attributable to bodily injury,

sickness, disease or death, or to injury to or destruction of tangible

property (other than the Work itself), including the loss of use resulting

therefrom, and

nothing in this paragraph 4.06 shall obligate OWNER to indemnify any

person or entity from and against the consequences of that person's or

entity's own negligence.

The provisions of paragraph 4.03 are not intended to apply to the presence of

Constituents of Concern or Hazardous Environmental Conditions uncovered or

revealed at the Site.

Bonds and Insurance

5.01

Performance and Other Bonds

GENERAL CONDITIONS

CONTRACTOR shall furnish performance and payment Bonds, on the form

included in the Contract Documents, each in an amount at least equal to the

Contract Price, as security for the faithful performance and payment of all of

CONTRACTOR's obligations under the Contract Documents. These Bonds shall

remain in effect at least until 1 year after the date when final payment becomes

due, except as otherwise provided by Laws and Regulations or as specified in the

Contract Documents or Bond. CONTRACTOR shall also furnish such other Bonds

as are required by the Supplementary Conditions.

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5.02

are licensed to conduct business in the state where the Project is located,

and

are named in the current list of "Companies Holding Certificates of

Authority as Acceptable Sureties on Federal Bonds and as Acceptable

Reinsuring Companies" as published in Circular 570 (amended) by the

U.S. Department of Treasury, Financial Management Service, Surety Bond

Branch.

All Bonds signed by an agent must be accompanied by a certified copy of such

agent’s authority to act.

If Surety on any Bond furnished by CONTRACTOR is declared as bankrupt or

becomes insolvent, or its right to do business is terminated in any state where

any part of the Project is located, or it ceases to meet the requirements of clauses

(1) and (2) of paragraph 5.01, CONTRACTOR shall within 5 days thereafter

substitute another Bond and Surety, both of which shall be acceptable to OWNER.

Licensed Insurers and Sureties

5.03

All Bonds shall be in the forms prescribed by the Contract Documents and be

executed by such Sureties as

Bonds and insurance required by the Contract Documents to be purchased and

maintained by OWNER or CONTRACTOR shall be obtained from surety or

insurance companies that are duly licensed or authorized in the jurisdiction in

which the Project is located to issue Bonds or insurance policies for the limits and

coverages so required.

Insurance

GENERAL CONDITIONS

CONTRACTOR shall purchase and maintain during the term of the Project such

insurance as will protect him, OWNER(s) and ENGINEER(s) from Claims arising

out of the Work described in this Contract and performed by CONTRACTOR,

Subcontractor(s) or Sub subcontractor(s) consisting of:

Workers' Compensation Insurance including Employer's Liability to

cover employee injuries or disease compensable under the Workers'

Compensation Statutes of the states in which Work is conducted under

this Contract; disability benefit laws, if any; or Federal compensation acts

such as U.S. Longshoremen or Harbor Workers', Maritime Employment,

or Railroad Compensation Act(s), if applicable. Self-insurance plans

approved by the regulatory authorities in the state in which Work on this

Project is performed are acceptable.

An occurrence form Commercial General Liability policy to cover bodily

injury to persons other than employees and for damage to tangible

property, including loss of use thereof, plus appropriate endorsements to

protect OWNER and ENGINEER against Claims, demands, and lawsuits

from employees of CONTRACTOR and Subcontractors, including the

following exposures:

All premises and operations.

Explosion, collapse and underground damage.

CONTRACTOR's Protective coverage for

contractors or Subcontractors employed by him.

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Broad form blanket, contractual liability for the obligation

assumed in the Indemnification or Hold Harmless agreement

found in the General Conditions or Supplementary Conditions of

this Contract.

Personal Injury Liability endorsement with no exclusions

pertaining to employment.

Products and Completed Operations coverage. Coverage shall

extend through the Contract guarantee period.

Broad form property damage.

Cross liability endorsement.

For design professional additional insureds, ISO Endorsement

CG 20 32 04 13, “Additional Insured-Engineers, Architects or

Surveyors Not Engaged by the Named Insured” or its equivalent.

Comprehensive Automobile Liability policy to cover bodily injury and

property damage arising out of the ownership, maintenance or use of any

motor vehicle, including owned, non-owned and hired vehicles.

Comprehensive General Liability and the Comprehensive Auto Liability

shall be written by the same insurance carrier, though not necessarily in

one policy.

CONTRACTOR shall purchase for OWNER an Owner's Protective Liability

policy to protect OWNER, ENGINEER, their consultants, agents,

employees and such public corporations in whose jurisdiction the Work

is located for their liability for Work performed by the CONTRACTOR, the

Subcontractor(s) or the Sub subcontractor(s) under this Contract.

When a limit of liability is identified in the Supplementary Conditions,

CONTRACTOR shall purchase a Builder's Risk Installation Floater in a

form acceptable to OWNER covering property of the Project for the full

cost of replacement as of the time of any loss which shall include, as

named insureds,

CONTRACTOR,

all Subcontractors,

all Sub subcontractors,

OWNER, and ENGINEER(s) or Architect(s), as their respective

interests may prove to be at the time of loss, covering insurable

property which is the subject of this Contract, whether in place,

stored at the Site, stored elsewhere, or in transit at the risk of the

insured(s).

Coverage shall be effected on an "All Risk" form including, but not limited

to, the perils of fire, wind, vandalism, collapse, theft, flood and

earthquake, with removal of passive design error exclusion. Except as

may otherwise be required by OWNER, CONTRACTOR may arrange for

such deductibles as CONTRACTOR deems to be within CONTRACTOR’s

ability to self-assume, but CONTRACTOR will be held solely responsible

for the amount of such deductible and for any co-insurance penalties.

Any insured loss shall be adjusted with OWNER and CONTRACTOR and

paid to OWNER and CONTRACTOR as Trustee for the other insureds.

GENERAL CONDITIONS

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Umbrella or Excess Liability

Railroad Protective Liability

OWNER shall assume responsibility for such boiler and machinery

insurance as may be required or considered to be necessary by OWNER

in the course of construction, testing or after completion.

OWNER shall assume responsibility for such insurance as will

protect the OWNER against any loss of use of OWNER's property

due to those perils insured pursuant to paragraph 1 above.

Limits of Liability

5.05

If CONTRACTOR will provide or furnish professional services

under this Contract through a delegation of professional design

services or otherwise, then CONTRACTOR shall be responsible

for purchasing and maintaining applicable professional liability

insurance. This insurance shall provide protection against Claims

arising out of performance of professional design or related

services caused by a negligent error, omission, or act for which

the insured party is legally liable. It shall be maintained

throughout the duration of the Contract and for a minimum of

two years after Substantial Completion. If such professional

design services are performed by a Subcontractor, and not by

CONTRACTOR itself, then the requirements of this paragraph

may be satisfied through the purchasing and maintenance of

such insurance by such Subcontractor.

OWNER's responsibilities in respect of purchasing and maintaining insurance are

set forth below:

5.04

Where any of the Work is within a railroad right-of-way or where

a limit of liability is identified in the Supplementary Conditions,

CONTRACTOR will provide coverage in the name of each railroad

company having jurisdiction over rights of way across which

Work under the Contract is to be performed. The form of policy

and the limits of liability shall be determined by the railroad

company(ies) involved. See the Supplementary Conditions for

limits and coverage requested.

CONTRACTOR’s Professional Liability Insurance

The CONTRACTOR is granted the option of arranging coverage

under a single policy for the full limit required or by a

combination of underlying policies with the balance provided by

an Excess or Umbrella Liability policy equal to the total limit(s)

requested. Umbrella or Excess policy wording shall be at least as

broad as the primary or underlying policy(ies) and shall apply

both to CONTRACTOR's General Liability and Automobile

Liability Insurance and shall be written on an occurrence basis.

The required limits of liability for insurance coverages required in paragraphs

5.03 shall be not less than those specified in the Supplementary Conditions.

Notice of Cancellation or Intent Not to Renew

GENERAL CONDITIONS

Policies will be endorsed to provide that at least 30 days written notice shall be

given to OWNER and to ENGINEER of cancellation, intent not to renew, or

material modification of the coverage.

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5.06

Evidence of Coverage

5.07

5.09

they include all of the items prescribed in the current Accord® Certificate

of Insurance form, including agreement to cancellation provisions

outlined in paragraph 5.05 above; and

they have approval of OWNER and ENGINEER.

Prior to the commencement of the Work, CONTRACTOR shall furnish to OWNER

complete "originally signed" copies of the Owner's Protective Liability Policy. The

number of copies shall be the same as the number of counterparts of the

Agreement. OWNER reserves the right to request complete copies of other

policies if deemed necessary to ascertain details of coverage not provided by the

certificates. Such policy copies shall be "Originally Signed Copies," and so

designated.

In order to determine financial strength and reputation of insurance carriers, all

companies providing the coverages required shall be licensed or approved by the

Insurance Bureau of the state in which the Project is located and shall have a

financial rating not lower than XI and a policyholder's service rating no lower

than B+ as listed in A.M. Best's Key Rating Guide, current edition. Companies

with ratings lower than B+:XI will be acceptable only upon written consent of

OWNER.

Damage Claims - Acknowledgment and Reports

CONTRACTOR shall furnish to OWNER an acknowledgment receipt from the

insurance carrier for each damage claim against the Project. The receipt shall

include the insurance carrier’s assigned claim number.

Upon request, CONTRACTOR or his insurance carrier shall also furnish to OWNER

a status report on all damage claims. This report shall include inspections made,

the disposition of claims, and what action has been taken towards settlement of

each claim.

Failure of CONTRACTOR to comply with this paragraph 5.08 may result in the

amount of such damage claims being withheld from CONTRACTOR’s monthly pay

estimate. Such withholding shall be reimbursed in the monthly pay estimate

following compliance with this paragraph.

Cost of Insurance

5.10

Qualification of Insurers

5.08

Prior to commencement of the Work, CONTRACTOR shall furnish to OWNER and

ENGINEER, Certificates of Insurance in force on current Accord® Certificate of

Insurance form. Other forms of Certificate are acceptable only if;

The unit cost of the insurance herein specified will not be a specific bid item, but

the cost of such insurance will be included by the CONTRACTOR in the various

prices bid.

Waiver of Rights

GENERAL CONDITIONS

OWNER and CONTRACTOR intend that all policies purchased in accordance with

paragraph 5.03 will protect OWNER, CONTRACTOR, Subcontractors, ENGINEER,

ENGINEER’s Consultants (and all other persons or entities identified in the

Supplementary General Conditions to be listed as insureds or additional insureds

in such policies) and will provide primary coverage for all losses and damages

caused by the perils covered thereby. Such policies shall contain provisions to

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the effect that in the event of payment of any loss or damage the insurers will have

no rights of recovery against any of the insureds or additional insureds

thereunder.

5.11

Article 6

OWNER and CONTRACTOR waive all rights against each other and their

respective officers, directors, employees and agents for all losses and damages

caused by, arising out of or resulting from any of the perils covered by such

policies and any other property insurance applicable to the Work; and in addition,

waive all such rights against Subcontractors, ENGINEER, ENGINEER’s

Consultants and any other persons or entities identified in the Supplementary

General Conditions to be listed as insureds or additional insureds under such

policies for loss and damages so caused. None of the above waivers shall extend

to the rights that any party making such waiver may have to the proceeds of

insurance held by OWNER as trustee or otherwise payable under any policy so

issued.

Receipt and Application of Insurance Proceeds

Any insured loss under the policies of insurance required by paragraph 5.03.A.5

will be adjusted with OWNER and made payable to OWNER as fiduciary for the

insureds, as their interests may appear, subject to the requirements of any

applicable mortgage clause. If no other special agreement is reached the

damaged Work shall be repaired or replaced, the monies so received applied on

account thereof, and the Work and the cost thereof covered by an appropriate

Change Order, Field Oder or Work Change Directive.

OWNER as fiduciary shall have power to adjust and settle any loss under the

policies required by paragraph 5.03.A.5 with the insurers unless one of the

parties in interest shall object in writing within fifteen days after the occurrence

of loss to OWNER’s exercise of this power. If such objection be made, OWNER as

fiduciary shall make settlement with the insurers in accordance with such

agreement as the parties in interest may reach. If no such agreement among the

parties in interest is reached, OWNER as fiduciary shall adjust and settle the loss

with the insurers.

Contractor's Responsibilities

6.01

Supervision and Superintendence

CONTRACTOR shall supervise and direct the Work competently and efficiently,

devoting such attention thereto and applying such skills and expertise as may be

necessary to perform the Work in accordance with the Contract Documents.

CONTRACTOR shall be solely responsible for the means, methods, techniques,

sequences and procedures of construction. CONTRACTOR shall be responsible to

see that the finished Work complies with the Contract Documents. However, if

specific means, methods, techniques, sequences and procedures of construction

are prescribed in the Plans or Specifications, CONTRACTOR shall be responsible

to comply therewith, but may implement such prescribed Work in a manner of

CONTRACTOR’s choosing so long as the Work complies with the requirements of

the Plans and Specifications.

At all times during the progress of the Work, CONTRACTOR shall assign and

maintain a competent superintendent who shall not be replaced without written

notice to OWNER and ENGINEER except under extraordinary circumstances. Any

superintendent or foreman who neglects to have Work done in accordance with

the Plans and Specifications shall be removed from the Project. The

superintendent will be CONTRACTOR's representative at the Site and shall have

authority to act on behalf of CONTRACTOR. All communications given to the

superintendent shall be as binding as if given to CONTRACTOR.

GENERAL CONDITIONS

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6.02

Labor and Working Hours

6.03

6.04

CONTRACTOR shall provide competent, suitably qualified personnel in their

various duties. CONTRACTOR shall at all times maintain good discipline and

order at the Site. Except as otherwise required for the safety or protection of

persons, the Work, property at the Site or adjacent thereto, and except as

otherwise indicated in the Contract Documents, all Work at the Site shall be

performed during regular working hours (7:00 a.m. to 7:00 p.m.), and

CONTRACTOR will not permit the performance of Work on Sunday or any legal

holiday without OWNER's written consent given after prior written notice to

ENGINEER.

Services, Materials and Equipment

Unless otherwise specified in the Contract Documents, CONTRACTOR shall

furnish and assume full responsibility for all services, materials, equipment,

labor, transportation, construction equipment and machinery, tools, appliances,

fuel, power, light, heat, telephone, water, sanitary facilities, temporary facilities

and all other facilities and incidentals necessary for the furnishing, performance,

testing, start up and completion of the Work.

All materials and equipment shall be of good quality and new, except as otherwise

provided in the Contract Documents. All warranties and guarantees specifically

called for by the Contract Documents shall expressly run to the benefit of OWNER.

If required by ENGINEER, CONTRACTOR shall furnish satisfactory evidence,

(including reports of required tests) as to the kind and quality of materials and

equipment to be incorporated in the Work. The CONTRACTOR shall not use

material in the Work until Shop Drawing or Submittals have been reviewed by

the ENGINEER. All materials which do not meet the requirements of the

Specifications at the time they are to be used will be rejected, and unless

otherwise permitted by ENGINEER, shall be plainly marked and removed

immediately from the Work.

All materials and equipment shall be applied, installed, connected, erected, used,

cleaned and conditioned in accordance with the instructions of the applicable

manufacturer, fabricator, Supplier or distributor, except as otherwise provided in

the Contract Documents.

Substitutes and “Or-Equals”

Whenever an item of materials or equipment is specified or described in the

Contract Documents for installation in the Work by using the name of a

proprietary item or the name of a particular manufacturer, fabricator, supplier or

distributor; or means, methods, techniques, sequences and procedures of

construction are prescribed in the Plans or Specifications; the specification or

description is intended to establish the type, function and quality required or the

means, methods, techniques, sequences and procedures of construction required.

Unless the specification or description contains or is followed by words indicating

that no like, equivalent or “or-equal” item or no substitution is permitted, other

items of material or equipment or materials or equipment of other

manufacturers, fabricators, suppliers or distributors; or other means, methods,

techniques, sequences and procedures of construction may be accepted by

ENGINEER under the following circumstances:

GENERAL CONDITIONS

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“Or-Equal”: If in ENGINEER’s sole discretion an item of material or

equipment proposed by CONTRACTOR is functionally equal to that

named and sufficiently similar so that no change in related Work will be

required, it may be considered by ENGINEER as an “or-equal” item, in

which case review and approval of the proposed item may, in

ENGINEER’s sole discretion, be accomplished without compliance with

some or all of the requirements for acceptance of proposed substitute

items.

Substitute Items: If in ENGINEER’s sole discretion an item of material or

equipment proposed by CONTRACTOR does not qualify as an “or-equal”

item under paragraph 6.04.A; or a proposed means, methods, techniques,

sequences and procedures of construction are different from what is

prescribed in the Plans or Specifications, it will be considered a proposed

substitute item.

CONTRACTOR shall submit sufficient information as provided below to allow

ENGINEER to determine that the item of material or equipment or means,

methods, techniques, sequences and/or procedures proposed is essentially

equivalent to that named and an acceptable substitute therefor. The procedure

for review by the ENGINEER will include the following, as supplemented in the

Specifications, and as ENGINEER may decide is appropriate under the

circumstances. Requests for review of substitute items of material and equipment

will not be accepted by ENGINEER from anyone other than CONTRACTOR.

If CONTRACTOR wishes to furnish or use a substitute, CONTRACTOR shall make

written application to ENGINEER on the Substitution Request Form provided for

acceptance thereof, certifying that the proposed substitute will:

perform adequately the functions and achieve the results called for by the

general design,

be similar in substance to that specified,

and be suited to the same use and capable of performing the same

function as that specified.

The application will state the extent, if any, to which the evaluation and

acceptance of the proposed substitute will prejudice CONTRACTOR’s

achievement of Substantial Completion on time, whether or not acceptance of the

proposed substitute for use in the Work will require a change in the Contract

Documents (or in the provisions of any other direct contract with OWNER for

work on the Project) to adapt the design to the proposed substitute, and whether

or not incorporation or use of the substitute in connection with the Work is

subject to payment of any license fee or royalty.

GENERAL CONDITIONS

All variations of the proposed substitute from that specified shall be identified in

the application and available maintenance, repair and replacement service shall

be indicated. The application shall also contain an itemized estimate of all costs

or credits that will result directly or indirectly from acceptance of such substitute,

including costs of redesign and claims of other contractors affected by the

resulting change, all of which shall be considered by ENGINEER in evaluating the

proposed substitute. ENGINEER may require CONTRACTOR to furnish additional

data about the proposed substitute.

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6.05

All data to be provided by CONTRACTOR in support of any proposed “or-equal”

or substitute item will be at CONTRACTOR’s expense. ENGINEER will be the sole

judge of acceptability, and ENGINEER’s determination shall be final and binding,

may not be reversed through an appeal under any provisions of the Contract

Documents, and no “or-equal” or substitute shall be ordered, installed or utilized

without ENGINEER's prior written acceptance. OWNER may require

CONTRACTOR to furnish at CONTRACTOR's expense a special performance

guarantee or other surety with respect to any “or-equal” or substitute which has

been approved by ENGINEER.

ENGINEER will record time required by ENGINEER and ENGINEER's consultants

in evaluating substitutions proposed by CONTRACTOR and in making changes in

the Contract Documents occasioned thereby. Whether or not ENGINEER accepts

a proposed substitute, CONTRACTOR shall reimburse OWNER for the charges of

ENGINEER and ENGINEER's consultants for evaluating any proposed substitute

and in making any changes in the Contract Documents resulting therefrom.

Concerning Subcontractors

CONTRACTOR shall not employ any Subcontractor, Supplier or other person or

organizations, including those who are to furnish the principal items of materials

or equipment, whether initially or as a substitute, against whom OWNER or

ENGINEER may have reasonable objection. CONTRACTOR shall furnish

ENGINEER a complete list of any Subcontractor, Supplier or other person or

organization furnishing principal items of material or equipment within 4 days of

request. Failure to object to any Subcontractor, Supplier, other person or

organization by OWNER or ENGINEER shall not constitute a waiver of any right

of OWNER or ENGINEER to reject defective Work.

If OWNER or ENGINEER, after due investigation, has reasonable objection to any

Subcontractor, Supplier, other person or organization proposed by

CONTRACTOR after the Notice of Award, CONTRACTOR shall submit an

acceptable substitute and the Contract Price shall be increased or decreased by

the difference in cost occasioned by such substitution, and an appropriate Change

Order shall be issued. CONTRACTOR shall not be required to employ any

Subcontractor, Supplier, other person or organization against whom

CONTRACTOR has reasonable objection.

The CONTRACTOR shall not award Work to Subcontractor(s), in excess of 50% of

the Contract Price, without prior written approval of the OWNER.

CONTRACTOR shall be fully responsible for all acts and omissions of his

Subcontractors, Suppliers and of persons and organizations performing or

furnishing any of the Work under a direct or indirect contract with CONTRACTOR

just as CONTRACTOR is responsible for CONTRACTOR’s own acts and omissions.

Nothing in the Contract Documents shall create for the benefit of any such

Subcontractor, Supplier of other person or organization any contractual

relationship between OWNER or ENGINEER and any such Subcontractor,

Supplier or other person or organization, nor shall it create any obligation on the

part of OWNER or ENGINEER to pay or to see to the payment of any moneys due

any Subcontractor, Supplier or other person or organization. OWNER or

ENGINEER may furnish to any Subcontractor, Supplier or other person or

organization, to the extent practicable, evidence of amounts paid to

CONTRACTOR on account of specific Work done.

GENERAL CONDITIONS

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6.06

CONTRACTOR shall be solely responsible for scheduling and coordinating the

Work of Subcontractors, Suppliers and other persons and organizations

performing or furnishing any of the Work under a direct or indirect contract with

CONTRACTOR. CONTRACTOR shall require all Subcontractors, Suppliers and

such other persons and organizations performing or furnishing any of the Work

to communicate with ENGINEER through CONTRACTOR.

If the amount of the subcontract or the nature of the Work to be performed

thereunder warrants, OWNER may require Subcontractor to furnish, for the

benefit of OWNER and CONTRACTOR jointly, Bonds in an amount proportioned

to the amount of his subcontract, and for the same purpose and under the same

specifications as those of the general Contract. The Surety on the general

Contract shall not be eligible to furnish such Subcontract Bonds.

All Work performed for CONTRACT

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