broadhead ave. reconstruction - concrete · crossed out and corrected and must be initialed in ink...
TRANSCRIPT
PROJECT MANUAL CITY OF JAMESTOWN, NY
DEPARTMENT OF PUBLIC WORKS
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CONTRACT DOCUMENTS
FOR
Request for Proposals
2 of 2020 Design – Build Project Riverwalk Skate Park
117 Fairmount Avenue Jamestown, NY
FOR THE CITY OF JAMESTOWN, NEW YORK
MARCH 2019
Prepared by:
City of Jamestown
Department of Public Works
Municipal Building
200 E. Third St.
Jamestown, New York 14701
Telephone (716) 483-7545
Jeffrey Lehman, P.E., Director
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NOTICE TO BIDDERS
The City of Jamestown is requesting sealed bids for:
Request for Proposals 2 of 2020
Design/Build Project Riverwalk Skate Park
117 Fairmount Avenue Jamestown, NY
NOTICE IS HEREBY GIVEN that sealed proposals for furnishing all materials, equipment, and labor required for the subject project, will be received and considered by the CITY OF JAMESTOWN Department of Public Works up until 10:00 AM on Wednesday March 25th, 2020, at the office of the City Clerk, Municipal Building, 200 E. Third Street, Jamestown, NY 14701, and then at 10:15 AM at the office of the
Department of Public Works, Municipal Building, 200 E. Third Street, 4th Floor, Jamestown, NY 14701, where they will be publicly opened and read aloud.
It is the intent of the City to identify a qualified firm to provide skatepark design services—including architectural, engineering, cost estimating and construction services—to take the project from planning and design through construction.
The scope of the project is to ultimately construct a cast-in-place, in-ground concrete skate park comprising approximately 17,000-20,000 square foot area of skating-specific features. Final size to be determined during the design process. The skatepark site is located at 117 Fairmount Avenue a city owned parcel of land on the west side of Fairmount Avenue at the 8th Street intersection, along the bank of the Chadakoin River.
Copies of the Bid Documents may be obtained at the office of the City of Jamestown
Department of Public Works, Municipal Building, 200 E. Third Street, 4th Floor, Jamestown, NY 14701, upon a non‐ refundable payment of $25.00 for each Project Manual. Checks shall be made payable to City Treasurer.
Contractors will deliver one (1) unbound original and three (3) bound copies each with the pricing and signature page flagged. In addition, vendor will also deliver an electronic copy on two (2) USB drives in pdf format. Each proposal must be accompanied by a bid bond in the amount of ten percent (10%) of the total bid price, conditioned that, if the proposal is accepted, the Contractor will enter into a contract for the same, and will execute any such further security as may be required for the faithful performance of the contract. Proposals are to be submitted on the forms provided in the Contract Documents. Bids must be sealed in an envelope marked “BID DOCUMENTS”, project name, bidder’s name and address, date and time of opening.
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All required bid documentation for this project may be obtained at the City of Jamestown website www.cityofjamestownny.com
No bidder may withdraw his bid within 45 days of the date of the receipt of bids.
A pre-bid meeting will be held on Wednesday, March 18, 2019, beginning at 10:00 AM at the site.
The right to reject any and all bids, to waiver any inconsistencies in, or to make any award to other than the low bidder, should it be deemed to be in the best interest of the City of Jamestown, and in accordance with the law, are herewith reserved.
Jeffrey Lehman, P.E. Director, Department of Public Works Published Date: 3/10/ 2020 Telephone (716) 483‐7545 [email protected]
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INSTRUCTIONS TO BIDDERS
1. GENERAL PROJECT DESCRIPTIONS
Design/Build Project Riverwalk Skate Park
117 Fairmount Avenue Jamestown, NY
2. DEFINITIONS
A. The term "CONSULTANT" means the professional engineer, architect, landscape
architect, land surveyor firm or any agent so designated by the OWNER whose
name and address is given on the cover, or any duly authorized representative of
that firm. If the OWNER has not designated a CONSULTANT, the OWNER shall
be deemed to be the CONSULTANT.
B. The term "BIDDER" shall mean any party or parties submitting in proper form a
Proposal to perform the work hereinafter specified to be performed. The successful
Bidder selected by the OWNER to perform the work hereinafter specified will
thereafter be known as the "CONTRACTOR."
C. The term "CONTRACTOR" shall mean the party or parties contracting to perform
the work or his or their heirs, executors, administrators, successors, or assigns.
D. The term "WORK" is used to designate the work, equipment, materials and tasks
required to be done, furnished or performed by the CONTRACTOR under the Plans
and Specifications attached hereto.
E. The term "AGREEMENT" is used to designate the type and form of contractual
agreement under which this "work" will be executed.
3. OBTAINING DOCUMENTS
Copies of the proposed Contract Documents may be obtained from:
CITY OF JAMESTOWN
MUNICIPAL BUILDING
200 E. THRID ST., 4TH FLOOR
JAMESTOWN, NEW YORK 14701
The conditions shall be as set forth in the invitation to bid
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4. SUBMISSION OF PROPOSALS
A. In order to receive consideration, submit bids on the forms provided in these
specifications or as subsequently issued with Addendum notices to Bidders. Bid
Forms must be fully completed. Insert an N/A or 0 where no bid is being offered.
B. All blank spaces for bid prices shall be properly filled in, in ink, or typed, in both
words and figures. In case any price shown in words and its equivalent shown in
figures do not agree, the written words shall be binding on the Bidder. Proposal
forms shall not be modified, nor proposals limited or restricted in any way.
Proposals that contain any omissions, erasure, alterations or additions of any kind,
may be rejected as informal.
C. Proposals shall be enclosed in a sealed envelope plainly marked with the title of
work and name and address of the Bidder on the outside. When such proposal is
submitted by mail, preferably registered, the sealed Proposal, marked as above,
should be enclosed in an additional envelope similarly marked and addressed.
D. No proposal will be considered unless filed on or before the time and at the place
designated in the Notice to Bidders. Proposals received prior to the time of opening
will be kept unopened. Proposals received after the time set for the opening will
be returned to Bidders unopened.
E. Bid prices offered should include all financial consideration required to complete
the "Work" described by the Contract Documents presented. Proposals should be
prepared simply and economically providing a straight-forward, concise description
of the CONTRACTOR’S ability to meet the requirements of the RFP. Proposals
must be typed or clearly legible. No erasures are permitted. Mistakes may be
crossed out and corrected and must be initialed in ink by the person signing the
proposal. CONTRACTOR shall ensure that proposals are submitted using both
sides of recycled paper whenever practicable.
F. The initial award of this contract shall be a period of one year, with an option to
renew an additional one year, pending agreement by both parties.
5 CONFLICT OF INTEREST
A. Contractor warrants that to the best of contractor’s knowledge, there exists no actual
or potential conflict between contractor and the City, and its Services under this
request, and in the event of change in either contractor’s private interests or Services
under this request, contractor will inform the City regarding possible conflict of
interest which may arise as a result of the change. Contractor also affirms that, to
the best of contractor’s knowledge, there exists no actual or potential conflict
between a City employee and Contractor.
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B. The bidder shall be responsible for all costs incurred in the development and
submission of this response. The City of Jamestown assumes no contractual
obligation as a result of the issuance of this RFP, the preparation or submission of a
response by a bidder, the evaluation of an accepted response, or the selection of
finalists. All proposals, including attachments, supplementary materials, addenda,
etc. shall become the property of the City and will not be returned to the bidder.
C. Any responses, materials, correspondence, or documents provided to the City under
this solicitation are subject to the State of New York Freedom of Information Act
and may be released to third parties in compliance with that Act.
D. Any oral responses to any questions shall be unofficial and not binding on the City.
The City’s staff will make such interpretation or correction, as well as any
additional RFP provisions that the City may decide to include, only as an RFP
addendum. Any addendum issued by the City shall become a part of the RFP.
Submitters should consider issued addendums in preparing his or her proposal
submission. Questions may not be responded to if received within five (5) business
days prior to bid opening.
E. The proposal shall include all of the following information. Failure to include all of
the required information may result in disqualification of a Bidder.
6. RFP FORMAT AND REQUIREMENTS
The RFP submittal shall follow the outline below and provide the following information
in 15 pages maximum, exclusive of Cover. Letter of Interest and Appendix.
Qualifications
State the bidder’s qualifications to provide the services required. Include years in
business under your present company name, staff profile and experience. See IV.
RFP Format & Requirements Section. (Attach as Addendum A)
Organizational Chart/Key Personnel
Staff performing the services on-site must be factory certified. A copy of the
certificate must be included in the proposal. (Attach as Addendum B)
References
List three (3) references from previous corporate or government customers
purchasing similar services. Include business name, contact name, title, email
address and phone number. (Attach as Addendum C)
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Insurance Requirements
Review contract provisions and insurance requirements. Note any limitations on
any of the articles or providing insurance requirements as outlined in the contract
provisions contained in Sample Contract. (Attach as Addendum D)
Letter of Interest
Must include bidder’s name, address, telephone number, and email address. Must
be signed and dated by an authorized representative of the bidder’s firm.
Firm Bio (max 5 pages)
Describe the bidder’s background and experience, including size of organization,
history, personnel, and special expertise. Outline the bidder’s experience working
in similar freeze thaw climates to New York and with stormwater/green
infrastructure elements.
Indicate the size and budget of any projects highlighted. Provide pictures of three
comparable projects, at least two of which were built in the last 5 years.
Team Qualifications (max 3 pages)
Provide basic qualifications of the bidder’s project team and technical personnel
that will be assigned to work on this project, including their areas of expertise,
registration, special training, office location(s), and other relevant information.
Identify how much of each person’s time will be spent on the project. Include a
team organizational chart.
Note: At least 2 members of the team shall have a minimum of 5 years of
experience in the design and construction of cast-in-place concrete skateparks and a
minimum of 5 completed projects of similar scope and size (or larger) in the last 5
years. Please provide evidence of this experience.
Project List (max 2 pages)
Provide a brief but specific outline of the bidder’s previous skate park projects,
including those parks with the greatest longevity as well as parks build in the last
three years. Provide the size and budget for each project. Note those projects that
include the proposed team members.
Project Proposal (max 5 pages)
Describe how the bidder proposes to perform the projects as defined in VIII. Scope
of Work. Provide a projected schedule for the project indicating key milestones in
planning, design and construction, including community engagement. This
description should demonstrate the bidder’s unique capabilities, innovative
approaches, process to receive community input, approach to confirming
preliminary designs are within budget, and/or other special methodologies to
accomplish the project. Demonstrate the firm’s ability to complete the work on
schedule with available manpower and resources, taking into account present and
projected work load.
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Appendix – Resumes & References
Provide resumes for each team member.
Provide a list of all of the bidder’s clients for the last 5 years for skatepark projects.
Note projects of a similar scope and scale to this project.
7. BID GUARANTY
a. Each Contract Proposal must be accompanied by a bid guaranty in the amount
of TEN percent (10%) of the total contract price. The guaranty SHALL be in the
form of a Bid Bond. The Bid Bond shall be secured by a guaranty or surety
company authorized to do business in the State of New York as a surety. The
bid guaranty shall insure the execution of the Agreement and the furnishing of
the surety bond or bonds and insurance by the successful Bidder, all as required
by the Contract Documents.
b. Bid guaranties will be returned to bidders other than the successful bidder
within ten (10) days after the contract is awarded. The bid guaranty of the
successful bidder shall be returned upon execution of the Contract and
submission of required bonds and insurance.
c. Pursuant to General Municipal Law, Section 105, Bidder may not withdraw its
bid within forty-five (45) days after the bid opening.
8. SELECTION PROCESS
All proposals received by the specified deadline will be reviewed by the City for
content, completeness, qualifications, and experience. After those firms deemed the
most qualified are selected, further evaluation and interviews of the selected firms
may be conducted as part of the final selection process. However, the City reserves
the right to complete the selection process without proceeding to an interview
phase, and may choose to select based upon information supplied in the proposal
alone.
Selection Criteria
All RFPs submitted will be evaluated based on the following factors:
A. Completeness of RFP Submission.
B. Expertise of Firm and Personnel
1. Related experience on similar projects
2. Qualifications, experience and training of staff to be assigned to this
project
C. Capability and Capacity of Firm
1. Ability to meet all technical requirements
2. Capability of firm to meet project time requirements
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D. Record of past performance of firm
1. Quality of work, on-schedule performance, cost performance, change
order history, cooperation with clients
E. Project specific qualifications
1. Ability of firm to identify project-specific issues
2. Ability of firm to communicate proposed approach to this project
3. Clarity of firm’s response and understanding of project requirement
4. Organization of the firm’s work plan
9. AWARD
Evaluation of awards will be based on the most responsive, responsible bidder, with the
most relevant experience and best qualifications. The awards will not be based solely on a
low fee structure. City staff will review the proposals and if necessary, select consultants
for interviews that demonstrate significant experience and successful past performance.
Based on evaluation of the submitted materials and performance in the interview (if
needed), City staff will make recommendations to the Jamestown City Council on whom to
offer contracts for services.
10. PROJECT OVERVIEW
The City of Jamestown seeks to design and construct a cast-in-place, in-ground concrete skate
park comprising approximately 17,000-20,000 square foot area of skating-specific features.
Final size to be determined during the design process. The skatepark site is located at 117
Fairmount Avenue, a city-owned parcel of and on the west side of Fairmount Avenue at the 8th
Street intersection, along the bank of the Chadakoin River. (See Appendix A for site location
map).
The Riverwalk Community Skatepark Project will transform this once vacant brownfield site
into a world class community skatepark, that will support and empower our youth and provide
opportunities to develop active healthy lifestyles in fun and creative ways. The regenerative
benefits of this transformative project go beyond creating a place for skaters to perfect kickflips
or practice ollies. The Riverwalk Community Skatepark will work with the land and its natural
and manmade features, to create a unique park design that:
• Honors the site’s rich heritage story.
• Incorporates green infrastructure and environmental and ecological
restoration
• Provides a safe space for the community to recreate, interact with nature,
participate in physical activity, develop friendships and build self-esteem
• Enhances connectivity between the urban, residential and natural; areas of
the City and provides link to the Riverwalk Trail
• Activates and re-engages the community with the waterfront, encourages the
community to rediscover this natural asset and develops the next generation
of stewards of the park, the water and community at-large
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This project will activate a key waterfront property identified by the City’s State of
New York designated Brownfield Opportunity Area (BOA) and Local Waterfront
Revitalization Program (LWRP) as a strategic site for redevelopment. Millions of
dollars have been invested in the surrounding areas and Riverwalk Trail system in an
effort to re-engage people with the waterfront as a means for revitalization throughout City neighborhoods and downtown to enhance the City’s efforts to grow tourism and to provide diverse quality tourism opportunities and products. Skate Tourism is a relatively new and rapidly growing tourism sector worldwide and with several new skateparks throughout WNY, as well as several more in progress, the Riverwalk Community Skatepark will establish Jamestown as the premier skateboarding destination in the region. The Riverwalk Community Skatepark will enhance connectivity to the existing Riverwalk and natural amenities such as the Downtown Central Business and Entertainment District, the Chadakoin River, Riverwalk Trail, Jackson-Taylor (formerly Chadakoin) Park, and surrounding neighborhoods. The skatepark will transform a brownfield from a liability into an asset, connect to the surrounding neighborhoods and Riverwalk Trail and will provide public access to the waterfront further strengthening stewardship and ongoing redevelopment of the waterfront.
The Skatepark shall, at a minimum, include the following:
1. Accommodate all ages, abilities, and skill levels with a transitional park design.
The park design should also accommodate multiple users at once.
2. The design should facilitate skate in/out features and serve inline/roller skates, as
well as skateboards. The design shall incorporate the principles of universal design
to the fullest extent possible. 3. The design should connect the skate park to the existing Riverwalk system and take
advantage of the existing landscape whenever possible.
4. Integrate “green” stormwater infrastructure in a way that not only protects water quality but
also serves as a habitat creation, recreational connectivity and a unique gathering spot for
users of the skatepark.
5. Site lighting
6. Water Service (maintenance and drinking fountain)
The current budget is not to exceed $500,000 and includes a grant from the Tony Hawk Foundation and
the Ralph C, Wilson Foundation.
The consultant will work with the City staff and the Skatepark Core Advisory Group, which includes
Community Advocates and City staff to finalize the design of the skatepark.
Project scope shall include at least two broader community meetings to review the design, and up to 3
presentations to City Parks and Recreation Commission and/or the City Council.
VII Scope of Work
At a minimum, the following scope items should be addressed in the proposal. Firms should draw from
their experience and expertise to expand on items to be considered or provide alternatives that will build
the best value skatepark.
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A. General
1. The selected Design-Build Contractor will provide preliminary design, final design,
cost estimating and construction services for the entire project.
2. The preliminary budget, including architect/engineering services and construction costs,
landscaping and amenities, is not to exceed $500,000.
3. Preliminary design plans shall include plans, sections, elevations, 3D views, typical
details and diagrammatic layouts to describe the size, character, and design intent of the
project.
4. Final design and construction documents and specifications will be prepared in
accordance with all City, County and State applicable requirements and will set forth in
detail the quality levels of materials and systems and other requirements for the
construction of the project.
B. Tentative project schedule
April 1, 2020 City approval of selected Design-Build Contractor
April – June 2020 Preliminary Design Phase Complete
Final Design Phase Complete, Permitting,
Construction Start (weather permitting)
Oct. 31, 2020 Construction Complete including punch list items
C. Preliminary Design Phase
1. Conduct pre-design meeting with Core Skatepark Advisory Group to align project goals
and objectives.
2. Conduct a minimum of one (1) pre-design community workshop. A critical element in
the design of the skatepark is involvement of the local skaters and other potential users
of the facility. RFP response should outline the proposed process for engagement of
the skate community.
3. Research, collect and assemble engineering and other data necessary to complete the
project. Including, but not limited, to location, topography, and geotechnical data;
utility/roadway location and easements; and environmental/historical data.
4. Present and submit pre-design report to project team.
• Location recommendations based on best practices, opportunities and/or
constraints posed by options, and preliminary engineering and cost
considerations;
• Programming recommendations linking back to input received from the
community;
• Design recommendations;
• Preliminary construction cost estimates;
• Construction sequencing;
• Identify any engineering, construction, and funding problems.
5. Submit preliminary plans and specifications for review by project team. Submit one
hard copy set in addition to PDF format. Preliminary Design plans shall include plans,
sections, elevations, 3D views, typical details ad diagrammatic layouts as required to
describe the size, character and design intent of the Project. Preliminary Design
specifications shall identify the major materials and systems and establish the level of
fit and finish for the Project.
6. Submit draft of project manual and construction cost estimate for review by project
team.
7. Conduct a minimum of one (1) community workshop to review and receive comment
on preliminary plans for skatepark. 3D visualization and other graphics will be
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required to clearly and simply communicate design intent to the community. Provide
report of findings including any recommended changes to preliminary design.
8. Review preliminary plans and specifications with project team.
D. Final Design Phase
1. Respond to review comments on draft and coordinate final design project team.
2. Submit permits/legal documents.
• Prepare any permits/legal documents and environmental (SEQRA/NEPA) that
may be required for construction.
3. Submit final plans, specifications/project manual, and cost estimate.
E. Construction Phase
1. Provide required documents including proof of insurance, bonds, signed contract;
2. Participate in pre-construction conference;
3. Provide construction surveying;
4. Provide project representative;
5. Perform quality control testing;
6. Attend coordination meetings with project team as needed;
7. Prepare and submit reproducible “As Built” drawings in AutoCAD format;
8. Perform final walk-through with project team;
BOND ASSURANCES
In order to receive consideration, submit all bond assurances as required by the General
Conditions of this Specification.
11. INTERPRETATIONS OR ADDENDA
Every request for an interpretation shall be made in writing to the OWNER and must
be received by the OWNER five or more business days prior to the date set for the
receipt of Proposals. If an interpretation is deemed necessary or appropriate by the
OWNER, the interpretation will be in the form of an Addendum to the Contract
Documents and when issued will be on file at the offices of the OWNER and the
CONSULTANT at least twenty- four (24) hours before Proposals are opened. OWNER
will endeavor to mail, hand deliver, electronically transmit, or otherwise take
reasonable steps to notify every plan holder of record of any addenda issued.
However, it shall be the Bidder's responsibility to make inquiry as to any addenda
issued. All such addenda shall become part of the Contract Documents and all
Bidders shall be bound by all such addenda, whether or not received by the Bidders. All
interpretation by the OWNER as to the meaning of the Contract Documents shall be
in written form. No oral interpretation shall be construed as the OWNER
interpretation of the Contract Documents.
12. EXAMINATION OF SITE AND CONTRACT DOCUMENTS
Each Bidder shall fully acquaint himself with the existing conditions relating to the
work to be performed, and shall inform himself as to the facilities involved, the
difficulties and restrictions attending the performance of the Contract. The Bidder
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shall thoroughly examine and familiarize himself with the Plans, Specifications,
and all other Contract Documents. The CONTRACTOR, by the execution of the
Contract, shall in no way be relieved of any 2obligation under it due to his failure to
examine the Contract Documents or to acquaint himself with the conditions there
existing, and the OWNER will be justified in rejecting any claim based on facts
regarding which the CONTRACTOR should have been on notice as a result thereof.
13. WITHDRAWAL OF PROPOSALS
Any Bidder, upon his properly notarized written request, will be given permission
to withdraw his Proposal not later than the time set for opening. At the time of opening
of the Proposals, when such Proposal is included, it will be returned to the Bidder
unopened. Negligence on the part of the Bidder in preparing his Proposal confers
no right for the withdrawal of the Proposal after it has been opened.
14. STATEMENT OF BIDDER'S QUALIFICATIONS
When requested by the OWNER, each Bidder shall submit a statement of the
Bidder's qualifications, his construction experience, and his organization and
equipment available for the work contemplated.
The OWNER may specifically request a detailed financial and ownership statement by the apparent low bidder.
Criteria the OWNER shall consider in its determination of whether the low bidder is
responsible shall include, but is not limited to the following:
A. Lack of adequate expertise, lack of prior experience with comparable projects, or
lack of financial resources necessary to perform the work outlined in the contract in
timely, competent and acceptable manner.
B. The engagement of criminal conduct on the part of the Bidding firm, its principals, and
significant staff members in connection with any other public works contracts or the
conduct of business activity that involves such crimes as extortion, bribery, fraud, bid-
rigging and embezzlement.
C. Grave disregard for the safety of employees or members of the public. Whether
employees who will be assigned to work on the project are properly trained and
whether the equipment to be used is safe and functioning properly.
D. The willful noncompliance with the State's Labor Laws regarding prevailing wage and
supplement payment requirements.
E. Disregard for other State Labor Laws, including child labor, proper and timely
payments and unemployment insurance.
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F. Violation of the State's Workers' Compensation Law including failure to provide proof
of proper workers' compensation or disability coverage.
G. Violations of the State's Environmental Conservation Law or violations of any other
federal or state environmental statutes.
H. The submission of a bid which is mathematically or materially unbalanced.
I. The submission of a bid which is so much lower than the OWNER'S estimate that it
appears unlikely that the contractor will be able to complete the project satisfactorily
at the price bid.
J. The presentation of false or misleading statements or any other issue that raises
questions about the responsibility of the bidder.
The OWNER shall have the right to take such steps as it deems necessary to determine the
ability of the Bidder to perform his obligations under the Contract, and the Bidder shall
furnish the OWNER all such information and data for this purpose as he may request. The
right is reserved to reject any Proposal where an investigation of the available evidence or
information does not satisfy the OWNER that in its sole discretion the Bidder is qualified
to carry out properly the terms of the Contract. The issuing of Bid Documents and
acceptance of a Bidder's payment for the Bid Documents by the OWNER shall not be
construed as pre-qualification of that Bidder.
15. CONSIDERATION OF PROPOSALS
The right is reserved, as the interest of the OWNER may require, to reject any or all
bids, to waive any informality in bids received, to reject any items of any bid to
obtain new Proposals, or to proceed to do the work otherwise, when the best interest
of the OWNER may be promoted thereby.
16. PRE-AWARD CONFERENCE
The apparent low Bidder may be required to attend a pre-award conference with
the OWNER or its representative. Representatives of the proposed subcontractors and
vendors shall attend such conference if requested by the OWNER. All interested
Bidders may be required to attend a pre-bid conference with the OWNER or its
representatives.
17. DETERMINATION OF LOW BIDDER
Except where the OWNER exercises the right to reject any or all Proposals, the
OWNER shall award the Contract(s) to the lowest responsive and responsible Bidder
on the basis of the total bid which shall be the Base Bid and any alternates the
OWNER may select as stated in the Proposal, provided further that such Bidder
furnishes adequate security therefore and complies with all requirements of the Notice
to Bidders and these Instructions to Bidders, after investigations are made to
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determine the Bidders' responsibility and capability.
18. ACCEPTANCE OF PROPOSAL
The acceptance of a Proposal will be a Notice of Award in writing signed by a
duly authorized representative of the OWNER and no other act of the OWNER shall
constitute the acceptance of a Proposal. The acceptance of a Proposal shall bind the
successful Bidder to execute the Contract as provided hereinafter.
19. EXECUTION OF CONTRACT
A. The Bidder, whose proposal has been accepted, shall have a legally authorized
representative execute the contract and submit it to the OWNER within a
reasonable time of not longer than fifteen (15) calendar days of the date of
Notice of Award.
B. In addition, the successful Bidder, within the period stipulated in paragraph
15A above, shall procure, execute, and deliver to the OWNER and maintain, at
its own cost and expense, until the Final Completion (as defined in the General
Conditions) of the work covered by this contract, proof of insurance as required
by the Agreement, and the following bonds of a surety company approved by the
OWNER and authorized to do business in the State of New York as a Surety:
1. Performance Bond - in an amount of ONE HUNDRED percent (100%) of
the total amount payable to the Contractor.
2. Payment Bond - in an amount of ONE HUNDRED percent (100%) of the
total amount payable to the Contractor.
C. Failure or refusal of the Bidder, whose Proposal is accepted, to execute the
Contract as hereinbefore provided or to submit satisfactory bonds and
insurances shall constitute a breach by such Bidder of the Agreement created
by the acceptance of the Proposal and, in such event, the OWNER, at his
option, may determine that such Bidder has abandoned the contract. Thereupon
such Bidder’s Proposal and the acceptance thereof shall be null and void and
the OWNER shall be entitled to take action for damages. Such damages shall
include the amount of the total contract finally accepted in excess of that of the
originally successful Bidder, losses arising from delays in the OWNER’S
contract program, and all other items of cost to the OWNER resulting from
such breach. In the recovery of the damages specified above, the OWNER
may proceed against the sum represented by the bid guaranty and take such
other action as the OWNER may deem best in the public interest.
END OF INSTRUCTIONS TO BIDDERS
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SUMMARY OF THE WORK
1. GENERAL
A. Contract Documents affecting the work of the Contractor shall include all sections
of this Project Manual, the City of Jamestown Standard Specifications, all drawings
referenced and issued with the Specifications, all referenced codes and standards,
all subsequent addendum to the initially issued bid documents, the final signed
contract and any subsequently signed Change Orders.
B. The work of other contracts to be let by the City of Jamestown in the future may
affect the work of a Contract herein. The work involved in such other contracts
will be described in separate contract documents which will be available for
inspection by interested parties at such location and time to be named later.
2. DESCRIPTION
The "Work" under this Contract is intended to include all labor, materials, equipment, and services
necessary to provide and accomplish the design, permitting, and construction a cast-in-place,
in-ground concrete skate park comprising approximately 17,000-20,000 square foot area of
skating-specific features. Contractor shall supply communication and response services to the City for the duration of his work, as described in the General Conditions.
3. LOCATION
A. The work will be located at 117 Fairmount Avenue. (see appendix A)
4 LIQUIDATED DAMAGES
A. The Contractor shall pay liquidated damages for work which is not substantially
completed within the time limits stipulated in the Summary of Work, Part 1.05. The
Contractor shall make a payment to the City in the amount of Twenty-Five Dollars
($25.00) per calendar day until the violation is corrected.
END OF SUMMARY OF WORK
BID PROPOSAL
To: City of Jamestown
Department of Public Works
200 E. Third St.
Jamestown, New York 14701
Re:
Gentlemen:
The Bidder, in compliance with your invitation for bids and addenda and having examined the
plans and specifications with related documents and the site of the proposed work, and being
further familiar with all of the conditions surrounding the construction of the proposed work,
including the availability of materials and labor, hereby proposes to furnish all labor, materials and
supplies, and to construct the project in accordance with the contract documents, within the time
set forth therein, and at the price attached. The price covers all expenses to be incurred in
performing the work required under the contract documents, of which this proposal is a part.
Pursuant to, and in accordance with your Notice to Bidders and in the Instructions to Bidders
relating thereto, the undersigned hereby offers to:
Furnish all materials, supplies, tools and labor required for the project, and for which he is
submitting a proposal, and as required by, and in strict accordance with the Plans,
Specifications, Contract Documents, and Addenda issued by the Owner and sent to the
undersigned prior to the opening of bids, whether received by the undersigned or not,
complete in place, tested and ready for use, with all appurtenances and appurtenant work,
for the bid prices specified herein.
The undersigned bidder agrees to submit to all conditions reported, intended, or implied, both
particularly and generally by the Contract at the prices herein stated for this project.
The Bidder hereby agrees to commence work under this contract on or before a date to be specified
in a written "Notice to Proceed" of the Owner and to fully comply with time stipulations listed
within the Project Manual.
The undersigned agrees to perform said work described in the specifications and shown on the
plans for the unit prices as shown on the Schedule of Bid Items and agrees to accept the aforesaid
unit bid prices in compensation for any additions or deductions caused by variations in quantities
due to more accurate measurement or by any changes or alterations in the plans or specifications
of the work for use in the computation of the value of the work performed for monthly estimates.
The Bidder understands that the Owner reserves the right to reject any or all bids.
The undersigned submits herewith bid security in the amount of $ as (To be filled in by Bidder)
specified in Instructions to Bidders, and agrees to submit such additional information as required
in Instructions to bidders. In case this Proposal is accepted by the Owner, and the undersigned
shall refuse or neglect, within fifteen (15) calendar days after date of receipt of Notice of Award,
to execute and deliver an AGREEMENT in the form providing herein, or to execute and deliver a
performance bond and a labor and material bond in the amounts required and in the form
prescribed, the amount of bid security shall be forfeited and will be retained by the Owner as
liquidated damages, such forfeiture and retention by the owner shall not prejudice any other right
or remedy of the Owner, otherwise the total amount of the bid security will be returned to the
depositor in accordance with provisions set forth in the Instructions To Bidders.
The Bidder acknowledges completion of the Statement of Bidders Qualification and receipt of the
following addendum:
Addendum No.
Addendum No.
Addendum No.
Date:
Date:
Date:
Respectfully submitted:
By:
Type or Print
(Title)
Signature:
For:
(Business Address)
Date:
Affix Seal (If bid is by a corporation)
Witness:
(Phone & Fax #)
DESCRIPTION OF BID ITEMS
PART 1 - MEASUREMENT AND PAYMENT
1. GENERAL
This section defines the methods of measuring the payment quantities for all work
performed by the Contractor under this unit price contract. All payment item quantities
shall be computed based on field survey of completed work, as finally accepted by the
Owner.
2 NON-DIRECT PAYMENT
The Contractor is advised that while specifically required or called for by the Contract
Documents, no direct payment shall be made for:
1. Special Controls
2. Insurance and bonds
3. Supervision
4. Health and safety equipment and supplies
5. Attendance at meetings
6. Equipment maintenance
7. Support of earth excavation
8. Protection of partially completed work areas during inclement weather
9. Protection and signage of work areas.
The costs of this work, and others not specifically identified under the under the bid item
descriptions shall be considered incidental to the Contract and shall be included in the unit
prices bid for the various items in the Contract.
3 ENGINEER'S ESTIMATE OF QUANTITIES
A. The Engineer's estimated quantities for unit bid prices, as listed in the Bid Proposal
are included solely for the purpose of comparison of Bids. The Owner/Engineer
does not expressly or by implication agree that the nature of the materials
encountered or required will correspond therewith and reserves the right to increase
or decrease any quantity as may be deemed necessary. The Contractor agrees
to accept the bid unit prices as complete and total compensation for any
additions or deductions caused by a variation in quantities as a result of more
accurate measurements, or by any changes or alterations in the work ordered by
the Owner, and for use in the computation of the value of the work performed
for progress payments. Neither the Owner nor the Contractor will be entitled to
any adjustments in a unit bid price as a result of any change in quantity.
4 MEASUREMENTS
A. The measurement of all quantities shall be based on measurements made by
the Contractor and verified by the Owner prior to acceptance, recommending,
authorizing, and processing request for payment. Measurement of quantities
under each bid item shall be completed using the specified units of
measurement.
B. All survey measurements for quantities shall be in a form acceptable to the
Owner and shall include all summaries, calculations, drawings, sketches, and
notes necessary for the Owner to verify quantities.
5 COMPENSATION
5.1 Project Budget. Owner shall pay Design/Builder for the performance of the Design
Services,
Pre-Construction Services, the Work and the Reimbursable Expenses permitted hereunder an
amount not
to exceed Project Budget which shall in no event exceed the Owner’s budget for the design and
construction of the Project, subject to adjustments permitted hereunder. There shall be no re-
allocation of amounts among such categories, without Owner’s written consent. The Project
Budget shall be comprehensive in scope in that all costs of the Design/Builder necessary for the
proper execution of the Design Services and the Work shall be clearly identified and no other
cost shall be
allowed, subject to adjustments permitted hereunder. In the event that upon full completion of
the Design
Services and Work for the Project, the actual cost thereof is less than the Project Budget,
Owner shall be
entitled to such difference.
5.2 Payment for Design Services. The amount of the Project Budget allocated to Basic Design
Services in an amount not to exceed 15% of the total budget shall be paid based on
Design/Builder’s completion of the design. Upon completion of design, Design/Builder shall
submit an Application for
Payment with appropriate back-up documentation. If Owner’s budget for the Project increases
or
Owner’s Facilities Program for the Project changes and Owner requests additional design
services in
connection therewith, then Design/Builder shall be compensated by Owner for such additional
design
services pursuant to an agreement to be entered into by Owner and Design/Builder at the time
Owner
requests such additional design services. Except as permitted in the foregoing
sentence, the fees for basic Design Services shall not increase as a result of increases in
Owner’s budget
or changes in Owner’s Facilities Program for the Project.
5.2.1 Reimbursable Expenses. Design/Builder shall be entitled to compensation for the
following reimbursable expenses as authorized by this Agreement or by way of an
Additional Services Authorization:
5.2.1.1 Expenses of transportation, meals and lodging of principals and employees, when
traveling in connection with services and duties specifically related to this Project
and when authorized in writing by the Owner. Per diem rates for transportation, lodging, and
meals are as set forth by the General Service Administration (GSA) on the effective date of this
Agreement. Rates for lodging on the effective date of this Agreement.
5.2.1.2 Expenses associated with reproduction of Drawings and Specifications,
excluding copies for Design/Builder's office use and sets required at each phase for the
Owner's review and approval.
5.2.1.3 If authorized in advance by the Owner in writing, the actual expense of overtime
work requiring higher than regular rates.
5.2.1.4 If authorized in advance by the Owner in writing, the additional expense of
renderings, models, and mock-ups more extensive than those required as part of Basic
Services.
5.2.1.5 Fees paid for securing approval of authorities having jurisdiction over the
Project, if any.
5.2.2 Additional Design Services. Payments for Additional Services shall be made according
to the terms of the authorization upon presentation of a detailed invoice.
5.2.3 Timeliness of Payments. Undisputed payments owed shall be paid by Owner within
thirty (30) days of receipt of a payment request which meets the requirements of this
subsection.
5.3 Payment for Pre-Construction Services. Not applicable.
5.4 Payment for Construction Services.
5.4.1 The Owner shall pay, and the Design/Builder shall accept, as full and complete payment
for the Construction Services, only the sum of the following items, which sum shall not exceed
the GMP
for the Work:
(i) the aggregate net cost directly paid by the Design/Builder to subcontractors
pursuant to written subcontracts to perform the Work.
(ii) the compensation for the Design/Builder’s provision of management services
(the “Design/Builder’s Staffing Costs.
(iii) the aggregate net cost of the Design/Builder’s General Conditions (the “General
Conditions Cost”),
5.4.2 Staffing Costs. Design/Builder’s Staffing Costs include and are limited to actual
expenditures or negotiated amounts for the following items as authorized in the GMP Proposal
approved
by Owner:
(i) The cost of its supervisory, technical, administrative and clerical personnel
engaged in supervision and management of the Work on the Project site;
(ii) the cost of periodic site visits for supervisory, inspection, oversight, or
management of the Project by specific “home office” personnel as agreed upon
and identified in the GMP proposal;
(iii) direct costs incurred in the Work with the exception of those specifically
enumerated compensable as a General Conditions Cost or a Cost of the Work;
(iv) reasonable expenses of the Design/Builder’s personnel incurred while traveling
in discharge of duties directly connected with the Work;
(v) expenses incurred for relocation and temporary living allowances of personnel
required for the Work, if required by the Project; and
(vi) any costs or expenses incurred by the Design/Builder, not included in the General
Conditions Cost, for provision of management services necessary to complete the
Project in an expeditious and economical manner consistent with this Agreement
and the best interests of Owner.
5.4.3 General Conditions Cost. General Condition costs include and are limited to actual
expenditures or negotiated amounts for the following items as authorized in the GMP Proposal
approved
by Owner:
(i) costs, including transportation and storage, installation, maintenance, dismantling
and removal of materials, supplies, temporary facilities, machinery, equipment,
and hand tools not customarily owned by construction workers, that are provided
by the Design/Builder at the site and fully consumed in the performance of the
Work; and cost (less salvage value) of such items if not fully consumed, whether
sold to others or retained by the Design/Builder. Cost for items previously used
by the Design/Builder shall mean fair market value;
(ii) costs incurred to provide site safety;
(iii) costs of removal of debris from the site;
(iv) costs of document reproduction including bid sets, facsimile transmissions and
long-distance telephone calls, postage and parcel delivery charges, telephone
service at the site and reasonable petty cash expenses of the site office;
(v) that portion of insurance and bond premiums directly attributable to this Contract
for Design/Build Construction. Premiums shall be net of trade discounts, volume
discounts, dividends and other adjustments;
(vi) sales, use or similar taxes imposed by a governmental authority and paid by the
Design/Builder, and directly related to the Work;
(vii) fees and assessments for the building permit and for other permits, licenses and
inspections for which the Design/Builder is required by this Agreement to pay,
including deposits lost for causes other than Design/Builder’s fault, but expressly
excluding any legal costs and expenses, including attorney’s fees and costs
associated with the Project;
(viii) the cost of obtaining and using all utility services required for the Work;
(ix) the cost of crossing or protecting any public utility, if required, and as directed by
the Owner;
(x) all reasonable costs and expenditures necessary for the operation of the Site
office, such as stationary, supplies, furniture, fixtures, office equipment and field
computer services provided that quantity and rates are subject to Owner’s prior
written approval;
(xi) the cost of secure off-site storage space or facilities approved in advance by
Owner;
(xii) printing and reproduction of the Construction Documents;
(xiii) rental charges for temporary facilities, and for machinery, equipment, and tools
not customarily owned by construction workers; however, any rental charge shall
not exceed the purchase price of such facilities, machinery, equipment or tools;
(xiv) cost of surveys, measurements and layout work reasonably required for the
execution of the Work or by the Construction Documents; and
(xv) other expenses or charges properly incurred and paid in the prosecution of the
Work, with the prior written approval of the Owner, but specifically excluding
legal costs, including attorney’s fees and court costs.
5.4.4 Design/Builder’s Overhead and Profit. The Design/Builder’s Overhead and Profit is a
fixed percentage of the (i) Guaranteed Maximum Cost of the Work, (ii) Design/Builder’s
Contingency,
(iii) Guaranteed Maximum Design/Builder Staffing Costs, and (iv) Guaranteed Maximum
General
Conditions Cost (excluding bond and insurance costs). Overhead and Profit covers the costs of
all of Design/Builder’s overhead and expenses related to the Work, including home or
branch office employees or consultants not at the Project site (except those staffing costs paid
pursuant to
Section 5.4.2) and general operating expenses of the Design/Builder's principal and branch
offices related
to the Work (non-field offices), such as internet service, telephone service and long-distance
and zone
telephone charges, postage, office supplies, expressage, and other similar expenses.
5.4.5 Design/Builder’s Contingency. The Design/Builder’s Contingency, established in the
GMP, may be utilized, with the Owner’s concurrence, for the following reasons:
(i) Errors and omissions in the Design/Builder’s design, bidding and scoping
processes provided the additional work adds previously excluded value to the
Project (but expressly excluding any demolition or other costs related to the
substitution of such work for previously installed work and associated design
fees);
(ii) reasonable schedule recovery;
(iii) means, methods, and materials reasonably inferred from the Construction
Documents;
(iv) subcontractor non-performance or default;
(v) work not included in the Construction Documents which is necessary to cause the
Project to conform to applicable building codes but was not identified as missing
during the review of Construction Documents (through no fault of the
Design/Builder), but expressly excluding any legal costs and expenses, including
attorney’s fees and costs associated with the Project;
(vi) other costs incurred by the Design/Builder that are not Cost of the Work, General
Conditions Cost or Design/Builder Staffing Costs, but expressly excluding any
legal costs and expenses, including attorney’s fees and costs associated with the
Project; and
(vii) costs and expenses incurred by the Design/Builder, not included in the General
Conditions Cost, for provision of management services necessary to complete the
Project in an expeditious and economical manner consistent with this Agreement
and the best interests of Owner, but expressly excluding any legal costs and
expenses, including attorney’s fees and costs associated with the Project.
If upon completion of 75% of the Work, the remaining amount of contingency exceeds one-
half
of the amount of the initial post-buyout contingency, such excess shall be transferred via
Change Order to
the Owner.
5.4.6 Buyout Savings.
(i) If Design/Builder receives bids for portions of the Work which are less than the
amounts budgeted in the GMP proposal approved by Owner for such portions of
the Work, such buyout savings shall first be utilized to offset shortfalls on other
bid packages.
(ii) If, after offsetting any shortfalls, buyout savings remain, all buyout savings shall be
returned to the Owner via “no cost” change order.
5.4.7 Use of Buyout Savings/Sales Tax Savings. The net amount of buyout savings and
savings from Owner’s purchase of Direct Purchase Materials may be utilized by the Owner for
the
following or other reasons:
(i) Customer or designer-requested changes;
(ii) additive bid alternates and deductive credits; and
(iii) differing/unforeseen existing conditions as described in the Design/Build General
Terms and Conditions.
5.4.8 Compensation for Change Orders. Amount owed by the Owner to the Design/Builder for
the Work shall be adjusted by duly authorized change order in accordance herewith and the
Design/Build
General Terms and Conditions.
5.4.8.1 Increase in Cost of Work. If the Cost of the Work is increased by change order,
the Owner shall pay the Design/Builder the aggregate net cost directly paid by the
Design/Builder to subcontractors or suppliers for the performance of the Work and the
Design/Builder shall receive Overhead and Profit on such amount and an amount for any
increased bond and insurance costs associated
therewith.
5.4.8.2 Decrease in Cost of Work. If the Cost of the Work is decreased by change order,
payment due from the Owner to the Design/Builder shall be reduced by the amount the
Design/Builder is no longer obligated to pay subcontractors or suppliers for performance
of the Work. Decreases in the Cost of the Work shall inure to the benefit of the Owner
and shall not become part of the Design/Builder’s Contingency.
5.4.8.3 Change Order Disputed. If the Design/Builder disputes a change order decision
pursuant to the Design/Build General Terms and Conditions, it must give the Owner its
written notice of dispute, including the reasons therefore, within seven (7) calendar days
of the disputed decision.
5.4.9 Applications for Payment for the Work. Applications for payment shall be submitted in
detail sufficient for an audit thereof. Within twenty (20) days of receipt of the Design/Builder’s
application for payment, properly prepared pursuant to Owner’s Policy, the Owner shall pay
the
Design/Builder the amount approved by Owner, less retainage, unless there is a dispute about
the amount
of compensation due to the Design/Builder.
5.4.10 For purposes of calculating amounts due to Design/Builder under this Agreement for
staffing, the parties agree that Design/Builder’s labor burden for each employee staffing the
Project shall
be the labor burden approved by Owner prior to, or upon execution of, this Agreement. For
purposes
hereof, labor burden means the actual cost of benefits and taxes that Design/Builder must pay
or chooses
to pay its employees and shall not include any profit, markup or expense unrelated to employee
compensation. With respect to benefits Design/Builder chooses to pay, such benefits must be
authorized by Owner under Owner’s policy pertaining to labor burden in order to receive
reimbursement from the Owner.
5.5 Purpose of Owner’s Review. Owner’s review, inspection, or approval of any Work,
Design Documents, Applications for Payment or other submittals shall be solely for the
purpose of determining whether the same are generally consistent with Owner’s Facilities
Program, standards, policies and requirements. No review, inspection or approval by Owner of
such Work or documents shall relieve Design/Builder of its responsibility for the performance
of its obligations under the Contract for Design/Build Construction or the accuracy, adequacy,
fitness, suitability, or coordination of its Design Services or the Work. Approval by any
governmental or other regulatory agency or other governing body of any Work, Design
Document, or the Construction Documents shall not relieve Design/Builder of responsibility
for the performance of its obligations under this Agreement. Payment by Owner pursuant to
the Contract for Design/Build Construction shall not constitute a waiver of any of Owner’s
rights under the Contract for Design/Build Construction or at law, and Design/Builder
expressly accepts the risk that defects in its performance, if any, may not be discovered until
after payment, including final payment, is made by Owner. Notwithstanding the foregoing,
prompt written notice shall be given by the Owner to the Design/Builder if the Owner becomes
aware of any fault or defect in the Project or non-conformance with the Contract for
Design/Build Construction.
5.6 Construction Schedules. Upon execution of this Agreement, Design/Builder shall submit
an initial Construction Schedule, a final Construction Schedule with the Guaranteed Maximum
Price(“GMP”) proposal; and revised Construction Schedules in accordance with the
Design/Build General Terms and Conditions.
5.7 GMP Proposal.
5.7.1 Exhibit Design/Builder shall prepare and deliver to the Owner, a Guaranteed
Maximum Price (“GMP”) proposal. The Design/Builder shall, at a minimum, include in the
GMP proposal:
(i) a recital of the specific Construction Documents, including drawings, specifications,
and all addenda thereto, used in preparation of the GMP proposal;
(ii) the five (5) elements of the Guaranteed Maximum Price:
a. Guaranteed Maximum Cost of the Work (hereinafter defined), detailed by
each subcontract, trade, or bid division;
b. the Design/Builder’s Contingency for the Work;
c. Guaranteed Maximum Design/Builder’s Staffing Cost (hereinafter defined),
detailed by expense category;
d. Guaranteed Maximum General Conditions Cost (includes bond and
insurance costs) (hereinafter defined), detailed by expense category; and
e. Guaranteed Maximum for Design/Builder’s Overhead and Profit.
(iii) a draft of schedules of values;
(iv) a description of all other inclusions to, or exclusions from, the GMP;
(v) all assumptions and clarifications; and
(vi) the final Construction Schedule.
5.7.2 The Design/Builder acknowledges that the Construction Documents may be incomplete
at the time the Design/Builder delivers the GMP proposal, and that the Construction
Documents may not be completed until after the commencement of the Work. Nevertheless,
the GMP proposal shall include all costs for the Work required by the completed Construction
Documents, and if the GMP proposal is accepted by the Owner, the Design/Builders shall be
entitled to no increase in the GMP if the Work required by the completed Construction
Documents
(i) is required by the Contract for Design/Build Construction,
(ii) is reasonably inferable from the incomplete documents,
(iii) is consistent with Owner’s programmatic goals and objectives,
(iv) is consistent with the Owner’s Design and Construction Standards and the general
standards for completion of the Work,
(v) is not a substantial enlargement of the scope of Work or
(vi) substantially conforms to the nature, type, kind or quality of Work depicted in the
incomplete documents.
5.7.3 If the GMP proposal is unacceptable to the Owner, the Owner shall promptly notify the
Design/Builder in writing. Within fourteen (14) calendar days of such notification, the Owner,
and Design/Builder shall meet to discuss and resolve any differences, inconsistencies, or
misunderstandings and to negotiation recommended adjustments to the Work and/or to the
GMP.
5.7.4 The Owner may, at its sole discretion and based upon its sole judgment, (i) indicate its
acceptance of a GMP proposal (ii) reject a GMP proposal; (iii) terminate the Project; or (iv)
proceed to construct the Project using a party or parties other than the Design/Builder.
5.7.5 If the Owner rejects a GMP proposal, neither party shall have any further obligation
pursuant to this Agreement.
5.7.6 If the Owner accepts a GMP proposal, the parties shall complete and execute Agreement
and the Owner shall issue a written Notice to Proceed to the Design/Builder establishing the
date construction is to commence (the “Commencement Date”). The Design/Builder shall not
expend any monies for construction prior to receipt of such Notice to Proceed without the
written approval of the Owner.
5.7.7 Price Guarantees.
A. Upon execution of Agreement the Design/Builder guarantees that the sum of the actual Cost
of the Work,
(i) Design/Builder’s Contingency,
(ii) Design/Builder’s Staffing Costs,
(iii) General Conditions Cost, and
(iv) Design/Builder’s Overhead and Profit, shall not exceed the amount set forth in
the agreed upon GMP. All costs or expenses that would cause this sum to
exceed the GMP shall be borne by the Design/Builder unless adjusted by Owner
approved Change Order.
B. Upon execution of Agreement, the Design/Builder guarantees that the actual Cost of the
Work Design/Builder’s Staffing Costs, General Conditions Cost and Design/Builder’s
Overhead and Profit shall not exceed the guaranteed maximum for each such category and that
all costs or expenses that would cause any of these individual categories to exceed the
guaranteed maximum for each such category in the agreed upon GMP shall be borne by the
Design/Builder unless adjusted by Owner approved change order.
C. Upon execution of Agreement the Design/Builder certifies that all factual unit costs
supporting the GMP proposal are accurate, complete and current at the time of negotiations;
and that any other actual unit costs that may be furnished to the Owner in the future to support
any additional amounts that may be authorized will also be accurate and complete. Payments
to the Design/Builder shall be reduced if the Owner determines such amounts were originally
included doe to materially inaccurate, incomplete, or non-current factual unit costs.
D. Upon execution of Agreement, the Design/Builder guarantees that to the extent the
accepted GMP includes contingency, use of contingency shall be approved by Owner by
changed order prior to expenditure by the Design/Builder.
END OF SECTION
NON-COLLUSION BIDDING CERTIFICATION
By submission of this bid, the bidder and each person signing on behalf of the bidder certifies,
subject to the terms of Section 103-d of the General Municipal Law, as amended, and under penalty
of perjury, that to the best of its knowledge and belief:
(a) The prices in this bid have been arrived at independently without collusion, consultation,
communication or agreement for the purpose of restricting competition, as to any matter
relating to such prices with any other bidder or with any competitor;
(b) Unless otherwise required by law, the prices which have been quoted in this bid have not
been knowingly disclosed by the Bidder and will not knowingly being disclosed by the
bidder prior to the opening, directly or indirectly, to any other bidder or to any competitor;
and
(c) No attempt has been made or will be made by the bidder to induce any other person,
partnership or corporation to submit or not to submit a bid for the purpose of restricting
competition.
(d) The person signing this bid or proposal certifies that he has fully informed himself
regarding the accuracy of the statements contained in this certification, and under the
penalties of perjury affirms the truth hereof, such penalties being applicable to the bidder
as well as to the person signing in its behalf.
Signature
Title
STATE OF NEW YORK )
COUNTY OF ) SS:
On this day of , 20 , before me personally appeared
, to me known, who being by me duly sworn, did depose and say
that he resides at , New York: that he is
the of , the corporation
described in and which executed the within instrument; that he knows the seal of said corporation;
that the seal affixed to said instrument is such corporate seal; that it was so affixed by order of said
corporation.
Notary Public
AFFIDAVIT OF FOREIGN CORPORATION
STATE OF ) COUNTY OF ) SS:
I, , as of
, Inc., a corporation, incorporated under the laws of
authorized to do business in New York, do hereby certify and affirm that
, Inc., has complied with Article 13 of the Business
Corporations Law of the State of New York.
As proof I submit a copy of:
A receipt of filing an application to do business in New York Secretary of
State; or
A copy of our application for authority to do business in New York filed
with the Secretary of State on , 20 .
As said corporation has complied with Article 13 of the Business Corporations Law of the State
of New York, I hereby swear and affirm that , Inc., is authorized
to do business in the State of New York.
Under penalties of perjury, I declare that the facts presented are true, correct and complete.
In witness whereof, I set my hand and attach the corporate seal this day of ,
, 20 .
Business Corporation Law of New York, Section 102 (7):
Title
"Foreign Corporation" means a corporation ... formed under laws other than the statutes of (New
York) ... "Authorized," when used with respect to a foreign corporation, means having authority,
under Article 13 (Business Corporation Law) to do business in this state.
AFFIDAVIT (Corporate)
STATE OF
COUNTY OF
ss:
, being duly worn, deposes and says that I
have made a complete and thorough examination of the financial records of said firm; and that I
have determined that said firm is currently not in arrears in taxes or upon debt or contract to or
with the County of Chautauqua, that said firm has not defaulted as surety or otherwise upon a
contract or obligation to the County of Chautauqua, and that said firm is not disqualified to bid
upon municipal or state contracts under any Act of New York State Legislature.
Sworn to before me this
of
day
, 20 .
Notary Public
ACKNOWLEDGMENT BY INDIVIDUAL CONTRACTOR STATE OF
COUNTY OF ss:
On this day of , 20 , before me personally came
to me known and known to me to be the person
described in, and who executed the foregoing instrument and duly acknowledged that he
executed the same.
Notary Public ACKNOWLEDGMENT BY PARTNERSHIP CONTRACTOR
STATE OF
COUNTY OF ss:
On this day of , 20 , before me personally came
to me known and known to me to be the person
described in, and who executed the foregoing , who, being duly sworn by me, did for himself
depose and say that he is a member of the firm of
consisting of himself and and that he had the authority to sign
same, and he did duly acknowledge to me that he executed the same as the act and deed of said
firm of for the uses and purposes mentioned therein.
Notary Public
ACKNOWLEDGEMENT BY CORPORATION STATE OF
COUNTY OF ss:
On this day of , 20 , before me personally came
to me known, who being duly sworn, did depose and say
that he is the of , the
corporation described in and which executed the foregoing instrument; that he knew the seal of
said corporation; that the seal affixed to said instrument was such corporate seal; that it was so
affixed by order of the Board of Directors of said corporation; and that he signed his name
thereto by like order.
Notary Public
FORM OF CONTRACT
AGREEMENT
THIS AGREEMENT, made this day of , 20 , by and between the
CITY OF JAMESTOWN, NY, hereinafter called the "Owner", and ,
doing business as a corporation located in the , County of
Chautauqua, and State of New York, hereinafter called "Contractor".
WITNESSETH: That for an in consideration of the mutual covenants and conditions herein
expressed, the Owner and Contractor hereby agree as follows:
FIRST: The Contractor covenants to and with the Owner to furnish
to the City of Jamestown, as described in the Project Manual,
General Conditions, Specifications, Instructions To Bidders and Bid Proposals, all of which are
made a part hereof by reference, at the price stated in the bid, it being understood that the General
Conditions, Specifications, Notice To Bidders, Instructions To Bidders and Bid Proposals are a
part of this agreement as though more fully put forth herein.
SECOND: The Contractor agrees to perform the said services and to furnish the said materials in
a good and workmanlike manner and to the satisfaction of the Owner for a maximum sum of:
$ .
THIRD: It is understood and agreed that the performance of this agreement is to run from
through . The City can terminate or cancel this
Agreement in whole or in part, without reason, upon thirty (30) days written notice to the
Contractor with accounts between parties to be adjusted and prorated as of such termination date.
FOURTH: It is understood and agreed that the provisions of the Charter and Ordinances of the
City and of the laws of the State of New York relating to municipal contracts, applicable hereto,
including, but not limited to appropriate provisions of the Labor Law of the State of New York,
the General Municipal Law of the State of New York, are hereby made a part of this contract as
though set forth fully herein, and the Contractor further agrees to comply with all of the
requirements contained herein, it being understood that in the event of a failure to comply, this
agreement shall be and become void and of no effect.
FIFTH: The Contractor agrees to defend, indemnify and save harmless the Owner, its officers,
agents and employees from any and all damages occasioned to any person or property arising from
the negligence or want of care of the Contractor, its agents, servants, employees and sub-
contractors, if any, in the performances of this contract, or from any defective condition of the
materials contemplated to be furnished by this agreement, and further that it will carry all necessary
Workmen's Compensation and Public Liability Insurance, in accordance with the aforesaid
specifications. The Contractor shall furnish to the City of Jamestown an insurance certificate
showing insurance in effect during the term of this contract in the minimum amount shown on the
Standard Insurance Requirements sheet.
SIXTH: The Contractor agrees that it will supervise and direct the work and shall have the sole
right to hire and discharge any person who engages to do any part of the work, the Contractor
acknowledges that it is the independent contractor and not the employee of the Owner.
SEVENTH: The Contractor shall secure and take out at its own expense all necessary certificates
and permits from any and all municipal and other public authorities required in connection with
the work contemplated by this agreement or any part thereof, and shall give all notices required by
law ordinances or regulations.
EIGHTH: The Owner hereby agrees to pay the Contractor for the labor and services, together with
any necessary materials, to be furnished in accordance with the terms set forth in the General
Conditions, Specifications, Notice To Bidders, Instructions To Bidders and Bid Proposal which
are herein incorporated by reference, in due course of municipal audit, after the acceptance of such
labor, services and materials by the Owner.
IN WITNESS WHEREOF, the parties to these presents have executed this contract in three (3)
counterparts, each of which shall be deemed an original, on the year and day first mentioned above.
CITY OF JAMESTOWN (Owner) (Contractor)
By By
(Title) (Title)
Date Date
STATE OF NEW YORK )
COUNTY OF CHAUTAUQUA ) ss.:
CITY OF JAMESTOWN )
On this day of , 20 , before me personally came
, to me known, who being sworn, did depose
and say that he resides in the City of Jamestown, New York, and is the Mayor of the CITY OF
JAMESTOWN, NY, the corporation described in and which executed the foregoing instrument,
that he knows the seal of said corporation; and that the seal affixed to this instrument is such
corporate seal; that it was so affixed by order of the Jamestown City Council and that he signed
his name thereto by like order.
STATE OF NEW YORK )
COUNTY OF ) ss.:
Notary Public
On this day of , 20 , before me personally appeared
, to me known, who being sworn, did depose
and say that resides at ; that is
the of , the corporation described
in and which executed the foregoing instrument, that knows the seal of said
corporation; that the seal affixed to this instrument is such corporate seal; that it was so affixed by
order of the Board of Directors of said corporation; and that signed name
thereto by like order.
Notary Public
CERTIFICATE OF CORPORATION COUNSEL
In accordance with the Charter of the City of Jamestown, the undersigned, the Corporation Counsel
of the City of Jamestown, hereby certifies that the above instrument is in due and proper form and
that the City of Jamestown, through the above-named officer, has a right to enter into this
agreement.
Corporation Counsel
Date:
CITY OF JAMESTOWN STANDARD INSURANCE REQUIREMENTS
Insurance shall be procured and certificates of insurance delivered to the Corporation Counsel, and the City department responsible for the agreement, prior to commencement of work, delivery of material or equipment. The Certificates of Insurance shall be made to the "City of Jamestown, Corporation Counsel, Jamestown, New York 14701," must comply with all coverage specification of the contract, and must be executed by an insurance company and/or agency or broker who is licensed by the Insurance Department of the State of New York. The "ACORD" form certificate may be used, providing the following two additional conditions are added to the form verbatim: A. ACKNOWLEDGMENT: The insurance companies providing these coverages acknowledge that the named insured is
entering into a contract with the City of Jamestown in which the named insured agrees to defend, hold harmless, and indemnify the City, its officials, employees and agents against all claims resulting from work performed, material handled and services rendered. The contractual liability coverage evidenced above covers the liability assumed under the City‐contractor agreement.
B. Prior to non‐renewal or cancellation of these policies, at least thirty (30) days advance written notice shall be given to the City's Corporation Counsel, and the City department requesting this Certificate before such change shall be effective.
Minimum coverage limits are as follows:
CONSTRUCTION & PROFESSIONAL
MAINTENANCE SERVICES
COMP. GEN. LIAB.* $1,000,000 CSL $1,000,000 CSL
- PREM & OPS
- PRODS. & COMPL. OPS
- INDEPEND. CONTRACT
- CONTRACTUAL
- BROAD FORM P.D.
- X.C.U
- PERSONAL INJURY
AUTO LIABILITY $1,000,000 CSL $1,000,000 CSL - OWNED
- HIRED
- NON-OWNED
EXCESS UMBRELLA LIAB.* $1,000,000 $1,000,000
WORKER'S COMPENSATION
& EMPLOYERS LIABILITY
STATUTORY
STATUTORY
DISABILITY BENEFITS STATUTORY STATUTORY
PROFESSIONAL LIAB. NOT APPLIC. $1,000,000
All coverage above shall provide for a minimum of $3,000,000 coverage for multiple occurrences.
City of Jamestown shall be named as additional insured on all policies for purpose of coverage but not by payment of
premium. * The comprehensive general liability can be met by one or more policies or in combination with an excess umbrella liability
policy. No umbrella policy is required if underlying coverage is at least $1,000,000.
Bid specifications or particular contracts, leases, or agreements may require alternative coverages or limits, which may be evidenced
on the certificate in lieu of the coverage specified.
The expiration date for any claims-made policy must be at least ninety (90) days after the expiration of the contract for services or
final delivery of any products.
The City reserves the right to modify, reduce or expand the coverages required herein on a case by case basis, where the scope of
the project, or the potential exposure of the City so warrant.
GENERAL
1. INTRODUCTION
The purpose of these General Conditions of the Contract is to set forth the general
manner in which the OWNER, CONTRACTOR, and CONSULTANT will perform
under the Contract. The provisions of the Special Conditions of the Contract shall modify
specific requirements of the General Conditions as hereinafter stated.
2. DEFINITIONS
A. The Contract Documents consists of the Notice to Bidders, Instructions to
Bidders, Proposal, Bid Guaranty, Agreement, Performance and Labor and
Material Bonds, the General Conditions, the Special Conditions, the Drawings and
Specifications, including all modifications thereof incorporated in the Contract
Documents before execution of the Agreement. The Contract Documents form
the Contract hereunder, along with any change orders or amendments to the
Contract executed in writing by the CONTRACTOR and the OWNER.
B. The OWNER, the CONTRACTOR, and the CONSULTANT are those mentioned as
such in the Agreement. They are treated throughout the Contract Documents as if
each were of singular number and masculine gender.
C. The term "work" shall be understood to mean the furnishing of all labor,
materials, equipment, and other incidentals necessary to the successful completion
of the project and the carrying out of all the duties and obligations imposed by the
contract.
D. "Final completion": - The project shall be considered finally complete upon
issuance of the final certificate which shall be a written certification that the
project (1) has been completed to OWNER satisfaction, and (2) has been
performed in accordance with the requirements of the Contract Documents and is
accepted by the OWNER. The guarantee period shall commence with the date
specified in the final certificate.
E. "Final Payment": The final payment shall be made upon the expiration of the
guarantee period, or upon the completion of any work to be performed during the
guarantee period, whichever time is greater.
F. "Specification": Description of a commodity and the conditions for its purchase.
G. "CONTRACTOR": A person, firm or corporation who is under contract with, or is
issued a permit by, the OWNER.
H. "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.
I. "Approved, Directed, Required": Wherever in the Contract Documents the words
"approved", "directed", "required" or words of the like effect are used, it shall
be understood that the approval, direction or requirement of the OWNER is intended,
unless otherwise specified.
J. "AOBE": shall mean As Ordered By the Engineer.
K. "Bid": The offer or proposal of the bidder submitted on the prescribed form setting
Forth prices for the Work to be performed.
L. "Bid Bond": The security to be furnished by the bidder as guarantee of his ability to
procure the minimum equipment and liquid assets specified and that he will enter into a
contract with the "OWNER" for the performance of the work, if the work involved in the
proposal is awarded to him.
M. "Bidder": Any individual, firm or corporation submitting a proposal for the work
contemplated, acting directly or through a duly authorized representative.
N. "Bidding Documents": Notice to bidders or advertisement, if any, instructions to bidders,
other bidding information and requirements, bidding forms and attachments, contract and
bond forms, and the proposed Contract Documents, including any Addenda issued prior
to receipt of Bids.
O. "Bonds": Bid, performance and payment bonds and other instruments of security.
P. "Change Order": A written order to CONTRACTOR signed by OWNER authorizing an
addition, deletion or revision in the Work, or an adjustment in the Contract Price or the
Contract Time issued after the Effective Date of the Agreement.
Q. "Contract Documents": The contract covering the performance of the work, Addenda,
Notice to Bidders, Instructions to Bidders, Proposal, General Contract Conditions,
Supplementary Conditions, Contract and Bid Bonds, Plans and Drawings, Specifications,
and any and all other modifications issued after execution of the Contract which are
necessary to complete the project.
R. "Contract Drawings": The contract drawings include the plans and any supplementary
drawings issued by the OWNER as addenda. The OWNER may issue detailed drawings
and instructions from time to time during the work. Except for drawings issued in
conjunction with change orders, these will be true developments of the plans, inferable
there from, and consistent with the scope of the work under this contract.
S. "Contract Price": The moneys payable by OWNER to CONTRACTOR under the
Contract Documents as stated in the Agreement.
T. "Contract Time": The number of days or the date stated in the Agreement for the
completion of work.
U. "Employee": Any person working on the project and who is under the direction and
control or receives compensation from the CONTRACTOR.
V. "Equipment": All machinery and equipment, together with the necessary supplies for
upkeep, maintenance and operation, and also tools and apparatus necessary for the proper
construction and acceptable completion of the work.
W. "General Requirements": Sections of Division 1 of the Specifications.
X. "Labor and Materials Bond": The approved form of security furnished by the
CONTRACTOR his surety as a guarantee of the payment all employees and material
suppliers.
Y. "Notice to 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.
Z. "Notice to Proceed": A written notice given by OWNER to CONTRACTOR fixing the
date on which the Contract Time will commence to run and on which CONTRACTOR
shall start to perform his obligations under the Contract Documents.
AA. "Site Representative": A representative of the OWNER assigned to the project to observe
methods and materials relating to work on and off the site of the Contract. Unless
otherwise specified in the Contract Documents, the site representative does not have the
authority to accept any materials incorporated in the work or approve construction
methods.
BB. "Material": Any approved material acceptable to the OWNER and conforming to the
requirements of the specifications.
CC. "Owner": The use of the word Owner may be used as reference to the City of Jamestown
Department of Public Works.
DD. "Performance Bond": The approved form or security furnished by the CONTRACTOR
and his surety as a guarantee of the completion of the project.
EE. "Plans": The drawings, profiles, cross sections, working drawings, or exact reproductions
thereof, approved by the OWNER, which show the location, character, dimensions and
details of the work to be done.
FF. "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.
GG. "Proposal": The prepared bid form on which the bidder is to submit or has submitted a
proposal for the work contemplated.
HH. "Shop Drawings": All drawings, diagrams, illustrations, schedules and other data which
are specifically prepared by or for CONTRACTOR to illustrate some portion of the Work
and all illustrations, brochures, standard schedules, performance charts, instructions,
diagrams and other information prepared by a manufacturer, fabricator, supplier or
distributor and submitted by CONTRACTOR to illustrate material or equipment for some
portion of the Work.
II. "Specifications": Those portions of the Contract Documents consisting of written technical
descriptions of materials, equipment, construction systems, standards and workmanship
as applied to the Work and certain administrative details applicable thereto.
JJ. "Substantial Completion: The Work has progressed to the point where, in the opinion of
OWNER, it is sufficiently complete, in accordance with the Contract Documents, so that
the Work can be utilized for the purposes for which it was intended.
KK. "Supplementary Conditions: Modifications and additions to the General Conditions.
LL. "Surety": The corporate body licensed to do business in the state of New York which is
bound with and for the contractor and which is primarily liable and responsible for the
payment of all obligations pertaining to and for the acceptable performance of the work
required by this contract.
MM. "Unit Price Work": Work to be paid for on the basis of unit prices.
3. INTENT OF DOCUMENTS AND INSTRUCTIONS
A. The Specifications, Drawings, and any instructions as set forth herein are complementary,
are intended to provide for, and include everything necessary for, the proper and orderly
execution and completion of the work. Any work shown on the Drawings for which there
are no particular specifications, or the omission from both Drawings and Specifications
of express reference to any work which obviously was intended per the Contract, shall
not excuse or relieve the CONTRACTOR from furnishing the same. Work or materials
described in words which have a generally accepted technical or trade meaning, shall be
interpreted by such customary and recognized standard of meaning.
B. Wherever the words "directed," "required," "permitted," "ordered," "designated,"
"prescribed," or words of like import are used in the Specifications or on the Drawings,
it shall be understood that the direction, requirement, permission, order, designation, and
prescription of the OWNER is intended. Similarly, the words "approved," "acceptable,"
"satisfactory," and words of like import shall mean approved by, acceptable to, and
satisfactory to the OWNER, unless otherwise expressly stated.
C. Written notice shall be deemed to have been given if delivered in person to the individual
or to a member of the firm, or to an officer of the corporation for whom it is intended, or
if delivered at or sent by first-class mail, overnight delivery, or facsimile to the last known
business address.
D. All time limits stated in the Contract Documents are of the essence.
E. The laws of the State of New York, without regard to its conflicts of laws provisions,
shall govern this Contract.
4. MODIFICATIONS
A. No oral statement of any person whomsoever shall in any manner or degree modify or
otherwise affect the terms of this Contract.
B. The results of any previous negotiation, agreement or understanding, whether oral or in
writing, have been incorporated in the Contract Documents and such Documents contain
the full intent of the parties.
C. All directives to the CONTRACTOR shall be issued by the OWNER unless otherwise
specified in these Contract Documents. All inquiries by the CONTRACTOR shall be
directed to the OWNER.
5. CONTRACT DRAWINGS AND SPECIFICATIONS
A. The CONTRACTOR will be furnished without charge, two sets of the Project Manual,
including the Contract Drawings and the Specifications. Any additional sets of Drawings
and Specifications which the CONTRACTOR may require, will be furnished at cost of
reproduction and handling.
B. All deviations from the Drawings and Specifications proposed by the CONTRACTOR
for any reason whatsoever, whether prior to or during construction, shall be by written
request to the OWNER. Such requests shall be accompanied by complete drawings,
details, and specifications covering the proposed work, all prepared under the supervision
of a Professional Engineer or Architect licensed by the State of New York and subject to
the approval of the OWNER at the expense of the CONTRACTOR.
.
6. ERRORS AND DISCREPANCIES
The Drawings are intended to agree with the Specifications. Should any discrepancy arise
between them or any error, discrepancy, or inconsistency appear or occur in Drawings or
Specifications or in work performed by other Contractors employed by the OWNER, the
CONTRACTOR, before proceeding with the work, shall notify the OWNER for clarification
and in no case shall he proceed with the work until advised in writing by the OWNER. Any
determinations made by the OWNER in this connection shall be final and conclusive. Absent
a determination by the OWNER, the Specifications shall take preference over the drawings.
Where work is shown schematically on the Drawings, the CONTRACTOR shall be responsible
for the proper arrangement of the work to avoid interferences with adjacent work.
7. INDUSTRY STANDARDS, CODES AND SPECIFICATIONS
A. Wherever reference is made to any published standards, codes, or standard specifications,
it shall mean the latest standard code, specification or tentative specification of the
technical society, organization or body referred to, which is in effect at the date of
invitation for bids. Where specified articles, sections, paragraphs or other subdivisions
of the referenced publications are not stated, the referenced publication shall apply in full.
Where a date is indicated for a standard, code, or standard specification, the latest or most
recent revision in effect at the date of invitation to bids shall apply.
B. The following is a partial list of typical abbreviations which may be used in the
Specifications and the organizations to which they refer:
AASHTO American Association of State Highway and
Transportation Officials
ACI American Concrete Institute
AGA American Gas Association
AIA American Institute of Architects
AISC American Institute of Steel Construction
ANSI American National Standards Institute
API American Petroleum Institute
ASTM American Society for Testing and Materials
AWS American Welding Society
AWWA American Water Works Association
Fed. Spec. Federal Specifications
NEC National Electric Code
NEMA National Electrical Manufacturers Association
OSHA Occupational Safety and Health Administration
CRSI Concrete Reinforcing Steel Institute
C. The CONTRACTOR shall, when required, furnish evidence satisfactory to the OWNER
that materials and methods are in accordance with such standards where so specified.
Such Standards, Codes, and Specifications shall be construed to be the minimum
requirements of the Contract Documents.
ADMINISTRATIVE PROVISIONS
8. SURETY BONDS
The CONTRACTOR shall furnish, pay for, and maintain until final acceptance, surety bonds
each in an amount at least equal to one hundred percent (100%) of the Contract price
as security for the faithful performance of the CONTRACTOR and for the payment to
all persons performing labor and furnishing materials in connection with the Contract.
The surety bonds must be furnished by a surety company licensed to do business in the
State of New York as a surety and approved by the OWNER. Attorneys-in-fact who sign
bonds must file with each bond a certified copy of their power of attorney to sign said
bonds.
9. INSURANCE
The CONTRACTOR shall furnish the insurance as described in the Agreement. Within
fifteen (15) calendar days of the Notice of Award and prior to the commencement of any
work under the Agreement, the CONTRACTOR shall furnish to the OWNER a certificate
or certificates of insurance in a form satisfactory to the OWNER, which certificate or
certificates evidence the existence of the required insurance coverage, that the OWNER has
been named as an additional insured and that the certificates provide that the OWNER be
given at least thirty (30) days notice of any intent to cancel coverage. Failure to supply a
satisfactory certificate within fifteen (15) calendar days after the date of the Notice of Award
may result in cancellation of award and forfeiture of CONTRACTOR'S bid security, in the
sole discretion of the OWNER.
10. ROYALTIES AND PATENTS
The CONTRACTOR shall pay all royalties and license fees. He shall defend all suits or
claims for infringement of any patent rights and shall indemnify and hold the OWNER
harmless from loss on account thereof.
11. PERMITS, LAWS, TAXES
A. The CONTRACTOR shall comply with all Federal, State and Local Laws, regulations
and ordinances affecting the work, and shall give proper public authorities all requisite
notice in connection with the work, and, at his own expense, shall obtain and pay for
all necessary licenses, permits, etc., except as specified in the Special Conditions. The
CONTRACTOR shall be solely responsible for any damage resulting from his neglect
to obey all laws, regulations, rules and ordinances. In the event he performs any work
called for by the Specifications or Drawings, knowing it to be contrary to such laws,
regulations, rules and ordinances, he shall bear all costs and damages arising
therefrom.
B. The CONTRACTOR shall pay all non-exempt taxes applicable to the work and
materials supplied under this Contract, it being understood that in no case shall any
such tax be borne by the OWNER.
C. The CONTRACTOR shall comply with the United States Department of Labor safety
and health regulations for construction promulgated under the Occupational Safety
and Health Act of 1970 and under Section 107 of the Contract Work Hours and Safety
Standards Act and any amendments thereto. Nothing in the Act shall be construed
to supersede or in any manner affect any worker's compensation law or to enlarge
or diminish or affect in any manner the common law or statutory rights, duties,
or liabilities of employers and employees under any law with respect to injuries,
diseases, or death of employees arising out of, or in the course of, employment.
12. ASSIGNMENT
CONTRACTOR shall not assign, transfer, convey, subcontract or otherwise dispose of this
Agreement or any right, title or interest therein, or the power to execute this Agreement
without written consent of the OWNER. CONTRACTOR shall not assign any monies due
to him hereunder, without the prior written consent of the OWNER.
13. TRANSFER OF TITLE OF MATERIAL DELIVERED TO SITE
Title to all materials to be sold by the CONTRACTOR to the OWNER pursuant to the
provisions of the Contract Documents shall immediately vest in and become the sole
property of the OWNER upon delivery of such materials to the site. Notwithstanding such
transfer of title, the CONTRACTOR shall have the sole continuing responsibility to install
such materials, protect them, maintain them in proper condition and forthwith repair, replace
and make good any damage thereto without cost to the OWNER until such time as the work
covered by the Contract is fully accepted by the OWNER. Such transfer of title shall in no
way affect any of the CONTRACTOR'S obligations under the Contract. In the event that
after title has passed to the OWNER, any of such materials are rejected as being defective
or otherwise unsatisfactory, the CONTRACTOR must then replace said defective or
unsatisfactory materials with other acceptable materials at no additional cost to the OWNER.
14. EXEMPTION FROM SALES AND COMPENSATING USE TAXES OF THE STATE
OF NEW YORK AND/OR CITIES AND COUNTIES
The OWNER is exempt from payment of sales and compensating use taxes of the State
of New York and of cities and counties on all materials separately sold to the OWNER
pursuant to this Contract. This exemption does not, however, apply to tools, machinery,
equipment or other property purchased by, leased by or to the CONTRACTOR or a
subcontractor, or to supplies or materials not incorporated into the completed project. The
CONTRACTOR shall be responsible for and pay any and all applicable taxes, including
sales and compensating use taxes, on such unincorporated supplies and materials, and the
provisions set forth below will not be applicable to such tools, machinery, equipment,
property, supplies or materials
.
15. PURCHASE OF MATERIALS BY THE CONTRACTOR
The purchase by the CONTRACTOR of the materials sold hereunder will be a purchase
or procurement for resale and therefore not subject to the New York State sales or
compensating use taxes or any such taxes of cities of counties. The sale of such materials
by the Contractor to the OWNER will not be subject to the aforesaid sales or compensating
use taxes. With respect to such materials sold hereunder, the CONTRACTOR at the request
of the OWNER, shall furnish to the OWNER such bills of sale and other instruments as may
be required by it, properly executed, acknowledged and delivered, assuring to it title to such
materials free of encumbrances and the CONTRACTOR shall mark or otherwise identify
all such materials as the property of the OWNER.
16. WAGE RATES
Reference: New York State Prevailing Wage Rate Schedule
A. Pursuant to the provisions of Section 220 of the New York State Labor Law, as
amended, the CONTRACTOR and its subcontractors will be obligated to pay to all
laborers, workers and mechanics the applicable prevailing wage rates and
supplements. The CONTRACTOR shall, at its sole expense, be responsible to pay
any increased wage rates or additional supplements which may become applicable
during the term of the Contract.
B. If the enclosed schedule fails to list some labor classifications found to be necessary
on the project, the Contractor shall request a determination by the Industrial
Commission.
C. The Contractor, and each subcontractor, if any, shall post in a prominent and accessible
place on the site of the work a legible statement of all wage rates and supplements as
specified to be paid or provided for the various classes of mechanics, workmen or
laborers, employed on the Work.
17. PAYROLL RECORDS
A. Upon request the CONTRACTOR shall submit a copy of all payrolls to the OWNER.
The CONTRACTOR shall also be responsible for, upon the request of the OWNER,
the submission of copies of payrolls of all subcontractors. The copy shall be
accompanied by a statement signed by the CONTRACTOR indicating that the payrolls
are correct and complete, that the wage rates contained therein are not less than those
determined by the New York State Department of Labor, and that the classifications
set forth for each laborer or mechanic including apprentices and trainees, conform with
the work he performed. In federally aided projects the higher of the federal or New
York State Wage Rates shall apply. The CONTRACTOR shall make the records
required under this clause available for inspection by authorized representatives of the
OWNER and the New York Department of Labor, and shall permit such
representatives to interview employees during working hours on the job.
B. The Contractor and every subcontractor shall keep original payrolls or transcripts
thereof, subscribed and affirmed as true, showing the hours and days worked by each
worker, laborer or mechanic, the occupation at which he worked, the hourly wage rate
paid and the supplements paid or provided. These documents shall be submitted to
the Owner within 30 days after issuance of its first project payroll and every 30 days
thereafter.
18. LIENS
Neither the final payment nor any part of the retained percentage shall become due until the
CONTRACTOR shall deliver to the OWNER a complete release of all liens arising out of
this Contract, or receipts in full in lieu thereof, and an affidavit which certifies, so far as he
has knowledge or information, that the releases and receipts include all the labor and
materials for which a lien could be filed; but the CONTRACTOR may, if any subcontractor
or material supplier refuses to furnish a release or receipt in full, furnish a bond satisfactory
to the OWNER, to indemnify the OWNER against any lien. Upon request of the OWNER,
the CONTRACTOR shall, at his own expense, by bonding it or otherwise, secure the prompt
discharge of any lien or liens which may be filed against the property as a result of this
Contract.
19. ANTI-DRUG AND ALCOHOL ABUSE
All CONTRACTORS, or their agents, shall comply with Federal Highway Administration
regulations for any driver who holds a commercial driver's license (CDL), as per the
requirements of 49 CFR Part 40, Part 382 and Part 391. The CONTRACTOR will, at the
request of the OWNER, provide certain proof of participation of all required employees or
subcontractors in an anti-drug and alcohol abuse plan which meets the requirements of 49
CFR Part 40, Part 382 and Part 391 and provide the OWNER access to all required testing
records.
PROSECUTION AND PROGRESS
20. PRECONSTRUCTION CONFERENCE
At the direction of the OWNER, and prior to commencement of the work, the
CONTRACTOR and his major subcontractors shall attend a preconstruction conference with
the OWNER. The conference will include discussions on matters relative to the proper
coordination of the work and maintenance of schedules and other pertinent aspects of the
project.
21. ON-SITE JOB MEETINGS
On-site job meetings will be held during the performance of the work of this Contract.
Supervisory personnel representing the CONTRACTOR and major subcontractors that are
deemed necessary at the time, must attend as required at the sole discretion of the OWNER.
22. CONSTRUCTION SCHEDULE
A. Before commencing work, the CONTRACTOR shall submit to the OWNER for
approval, a construction schedule showing in detail the proposed sequence of the work,
and the estimated date of starting and completing each stage of the work in order to
complete the project within the Contract time. The schedule shall reflect the proposed
percent of the value of the Contract to be accomplished each month. If so required,
the schedule shall be revised until it is approved by the OWNER. It is agreed and
understood that the OWNER'S approval of CONTRACTOR'S construction schedule
does not relieve CONTRACTOR from the responsibility of completing the project in
accordance with the term as specified in the Agreement. The construction schedule
shall be coordinated with the proposed schedules of other contractor(s), if any, engaged
in work at the site. No payment will be made to the CONTRACTOR until a
construction schedule has been so approved.
B. The CONTRACTOR shall be responsible for the proper coordination of his work so
as to maintain his schedule(s) as approved. Should the CONTRACTOR fail to adhere
to any phase of the approved schedule, he shall promptly adopt such additional means
or methods of construction, including overtime, as may be necessary to make up lost
time and complete each phase of his work in accordance with the schedule, all at no
additional cost to the OWNER.
C. The schedule shall be marked by the Contractor to indicate progress and shall be
resubmitted to the OWNER monthly, and shall reflect revised estimates and actual
durations and percent complete. Resubmitted schedules shall be accompanied by a
detailed description of work to be accomplished during the succeeding month.
23. SUBCONTRACTORS
A. The CONTRACTOR shall notify the OWNER in writing of the names of proposed
subcontractors, noting associated work, and shall not employ any to whom the
OWNER has a reasonable objection.
B. The CONTRACTOR agrees that he is fully responsible to the OWNER for the acts
e r ro r s and omissions of all subcontractors and of persons either directly or
indirectly employed by them, as he is for the acts and omissions of persons directly
employed by him.
C. Nothing contained in the Contract Documents shall create any contractual relationship
between any subcontractor and the OWNER.
D. The CONTRACTOR shall not award more than 50% of the contract work to
subcontractors without prior written approval of the OWNER.
24. COORDINATION WITH OTHER CONTRACTORS, UTILITIES AND OWNER
FORCES
A. The OWNER reserves the right to let other contracts in connection with this work,
even of like character to the work under this contract. The OWNER also reserves the
right to perform additional work related to the project by its own forces, or have
additional work performed by utilities. The CONTRACTOR shall cooperate to the
fullest extent to prevent delays and increased costs in the overall project. He shall
familiarize himself with the work of others whose work affects or ties in with his own,
and he shall be fully responsible for the finished result of his own work. The
CONTRACTOR shall afford other contractors adequate opportunity for the
introduction and storage of their materials, and the execution of their work, and shall
promptly connect and coordinate his work with theirs.
B. If any part of the CONTRACTOR'S work depends upon the work of any other
contractor for proper execution or results, the CONTRACTOR shall inspect and
promptly report to the OWNER any defect in such work that renders it unsuitable for
such proper execution and results. His failure to inspect and report shall constitute an
acceptance of the other contractor's work as fit and proper for the receipt of his work,
except as to defects which may develop in the other contractor's work after the
execution of subsequent work.
C. To insure the proper execution of his subsequent work, the CONTRACTOR shall
measure work already in place, and shall at once report to the OWNER any
discrepancy between the executed work and the Drawings.
D. Extra costs, which include without limitation additional testing, inspection and
compensation for OWNER'S services and expenses including CONSULTANT'S and
OWNER'S engineering fees, caused by defective or ill-timed work, or by the neglect
or refusal of the CONTRACTOR to provide or complete any portion of his work at
the proper time and in the proper manner, shall be borne directly by the
CONTRACTOR and at no additional cost to the OWNER.
25. CORRECTION OF WORK
A. The CONTRACTOR shall promptly remove from the premises all materials
condemned by the OWNER as failing to meet contract requirements, whether
incorporated in the work or not, and the CONTRACTOR shall promptly replace and
re-execute his own work in accordance with the contract and without expense to the
OWNER. The CONTRACTOR shall bear the expense of additional testing,
inspection and compensation for the OWNER'S services and expenses which include
CONSULTANT'S and OWNER'S engineering fees made necessary thereby and shall
bear the expense of making good all work of other contractors destroyed or damaged
by such removal or replacement.
B. If the CONTRACTOR does not proceed with the correction of such nonconforming
work within a seven-day period after receipt of written notice from the OWNER, the
OWNER may after such seven-day period give the CONTRACTOR a second written
notice to correct such deficiencies within a second seven-day period. If the
CONTRACTOR within such seven-day period after receipt of such second notice fails
to correct any deficiencies, the OWNER may after such second seven (7) day period,
without prejudice to other remedies, use whatever means necessary in its sole
discretion, including its own forces, to correct such deficiencies. In such case an
appropriate Change Order shall be issued deducting from payments then or thereafter
due the CONTRACTOR the costs of correcting such deficiencies, including
compensation for the CONSULTANT'S and OWNER'S additional engineering
services and expenses made necessary by failure to correct such defective work. If
payments then or thereafter due the CONTRACTOR are not sufficient to cover such
amounts, the CONTRACTOR shall pay the difference to the OWNER, and the
OWNER may, upon seven (7) calendar days written notice, sell non-conforming
materials at auction or at private sale and shall pay to the CONTRACTOR the net
proceeds thereof, after deducting all the costs and expenses that should have been
borne by the CONTRACTOR.
C. If the OWNER prefers to accept work which is not in accordance with the
requirements of the Contract Documents, the OWNER may do so instead of requiring
its removal and correction, in which case the Contract sum will be reduced as
appropriate and payment amounts withheld accordingly.
26. PAYMENTS TO THE CONTRACTOR
A. Progress payments will be made by the OWNER to the CONTRACTOR on the terms
and conditions stated in the Agreement and in accordance with Section 106-b of New
York General Municipal Law. At least fifteen (15) days before submission of the first
application by the CONTRACTOR for a progress payment, the CONTRACTOR shall
furnish to the OWNER a complete breakdown of all lump sum items bid for in the
Contract. This breakdown, modified where directed by the OWNER, will be used as
a basis for preparing progress payments throughout the duration of the contract.
B. Except as otherwise provided in the Paragraph 13 Material Delivered to Site, no
payment will be made for materials or equipment not incorporated in the work or for
bonds, mobilization, etc.
C. No payment will be made for modifications until the formal change order for the
modification is fully executed.
D. Neither the final payment nor any partial payment shall constitute acceptance of any
defective workmanship or material, or noncompliance with the Drawings and
Specifications.
27. PAYMENTS WITHHELD
The OWNER may withhold or, on account of subsequently discovered evidence, nullify the
whole or a part of any payment to such extent as may be necessary in its reasonable opinion
to protect the OWNER from loss due to:
A. Defective work not remedied.
B. Claims filed or reasonable evidence indicating probable filing of claims.
C. Failure of the CONTRACTOR to make payments properly to subcontractors or for
material or labor.
D. A reasonable doubt that the contract can be completed for the balance then unpaid.
E. Damage to another contractor.
F. The OWNER incurring expense to correct deficiencies in the work pursuant to
Paragraph 26.
G. Acceptance of nonconforming work by the OWNER pursuant to Paragraph 25.
H. Failure to comply with provisions of the Contract Documents relating to the receipt of
State and/or Federal aid for the project, and after receiving written notification from
the OWNER that said compliance is necessary.
I. Any costs and expenses including without limitation additional testing, inspection and
compensation for OWNER'S services and expenses, including CONSULTANT'S and
OWNER'S engineering fees, in connection with correction of nonconforming work
which fails to meet contract requirements.
J. Failure to comply with other requirements of this contract.
If the above grounds are removed, payment shall be made for amounts withheld because of
them.
28. TEMPORARY SUSPENSION OF WORK
The OWNER shall have the authority in its sole discretion to immediately stop the work
wholly or in part by written order for such period as may be deemed necessary due to
conditions the OWNER considers unfavorable for the suitable prosecution of the work, or
due to failure on the part of the CONTRACTOR to correct conditions considered to be
unsafe for workers or the general public, or endangering life or property, or failure to carry
out orders given or to perform any provisions of the Contract. This paragraph shall not in
any manner relieve the CONTRACTOR of responsibility for providing and taking all
necessary safeguards and protection required for the safety of all persons and property
affected by the performance of the work.
29. EXTRA WORK AND/OR CHANGES IN THE WORK
A. The OWNER may order extra work or make changes altering, adding to or deducting
from the work without invalidating the Contract. All such additional or changed work
shall be performed under the conditions of the original Contract and any applicable
written change order. Upon receipt of direction from the OWNER to alter the work,
the CONTRACTOR shall in writing notify the OWNER within seven (7) days in the
event the CONTRACTOR intends to make a claim for extension of time or additional
costs to perform such revised or additional work. The CONTRACTOR shall proceed
with the altered or additional work upon execution of a change order in writing by the
CONTRACTOR and OWNER, and no oral modification or change order shall be valid
between the parties.
B. The CONTRACTOR shall promptly submit to the OWNER a proposal for performing
the changed work including a detailed price breakdown itemizing all major items of
cost, quantity or number of units, material and labor unit prices. To these costs, there
shall be added a fixed fee to be agreed upon which shall not exceed fifteen percent
(15%) of the cost of work. The fee shall be considered full and adequate compensation
to cover the cost of supervision, overhead, bonds, profit, and any other general
expenses. The CONTRACTOR shall promptly comply with all requests from the
OWNER for additional supporting documentation for the CONTRACTOR'S proposal.
C. The OWNER shall have the authority to make minor changes in the work not involving
extra costs and not inconsistent with the purposes of the Project. The CONTRACTOR
shall proceed with such changed work upon written or verbal receipt of the OWNER'S
direction. In the event the CONTRACTOR claims that any such work is extra work
or is contrary to the terms and conditions of the Contract Documents, the
CONTRACTOR shall make a claim for extra costs in accordance with Paragraph 31
below.
D. With respect to all additional work or modifications to be performed by the
CONTRACTOR, the CONTRACTOR shall be obligated to diligently perform such
work upon execution of an appropriate change order and to mitigate any and all costs
associated with such work.
30. EMERGENCIES
In the event of any emergency endangering life or property, the OWNER shall have the
authority to order the CONTRACTOR to perform work necessary to avert or minimize the
effect of such emergency. The CONTRACTOR shall proceed with such work upon receipt
of the OWNER'S written direction in the form of a change order. In the event the
CONTRACTOR claims any such work is extra work, the CONTRACTOR shall make a
claim for extra costs in accordance with Paragraph 32 below. In directing or authorizing
changes in the work in any emergency situation, the OWNER shall not be responsible for
directing the CONTRACTOR'S methods and techniques necessary to implement such
changes. Changes directed or authorized by the OWNER in an emergency situation shall
not relieve the CONTRACTOR of his responsibility for safety. If the CONTRACTOR does
not satisfactorily respond to the OWNER'S request to perform work necessary to avert or
minimize an emergency situation, the OWNER retains the right to immediately perform such
work and charge the CONTRACTOR for all additional expenses in performing such work.
Such additional expenses shall be deducted from contract sum and withheld accordingly.
31. DIFFERING SITE CONDITIONS
A. The CONTRACTOR shall immediately upon discovery, and before such conditions
are disturbed, notify the OWNER in writing of:
(1) Subsurface or latent physical conditions at the site differing materially from
those indicated in this contract, the plans, specifications, boring reports and other
data made available for inspection by the CONTRACTOR.
(2) Unknown physical conditions at the site, of an unusual nature, differing
materially from those ordinarily encountered and generally recognized as
inherent in work of the character provided for in the plans, specifications,
borings and all other data made available to CONTRACTOR.
B. The OWNER shall promptly investigate the conditions and, if such conditions do
materially so differ and cause an increase or decrease in the CONTRACTOR'S cost
of, or the time required for, performance of any part of the work under this Contract,
whether or not changed as a result of such conditions, an adjustment shall be made and
the Contract modified in writing accordingly by the CONTRACTOR and OWNER.
C. No claim by the CONTRACTOR under this clause shall be allowed unless the
CONTRACTOR has given the notice required in (A) above.
D. The CONTRACTOR shall continue to proceed with the work, unless otherwise
directed by OWNER, pending the outcome of the OWNER'S investigation of the
condition and the execution of any contract change order which may result therefrom.
32. CLAIMS FOR EXTRA COST
A. If the CONTRACTOR claims that any work he has been ordered to do shall be
considered extra work outside of the scope of the bid specifications, or that any action
or omission of the OWNER is contrary to the terms and provisions of the contract
documents, he shall, within seven (7) calendar days after receipt of such orders or
action or omission on the part of the OWNER, file a written statement with the
OWNER stating the basis of his claim.
B. In the event the OWNER recognizes CONTRACTOR'S claim for extra work outside
the bid specifications, the OWNER shall execute an appropriate written change order.
C. In the event further investigation is needed in order to determine CONTRACTOR'S
claim for extra work, the CONTRACTOR, upon receipt of a written acknowledgement
from the OWNER of a pending claim for extra costs, shall diligently proceed with the
performance of the Contract and in accordance with all instructions of the OWNER.
D. Except in an emergency endangering life or property, the CONTRACTOR shall not
proceed with any alleged extra work until the above noted acknowledgement of his
claim is received.
E. The CONTRACTOR shall set up a separate cost record system, satisfactory to the
OWNER, for substantiation and verification of all costs incurred in performing each
claim of alleged extra work.
33. DELAYS AND EXTENSION OF TIME
A. If the CONTRACTOR shall be delayed in the completion of his work by reason of
unforeseen causes beyond his control and without his fault or negligence, including,
but not restricted to acts of God, or the public enemy, floods, epidemics, quarantine,
restrictions, strikes, riots, civil commotions, freight embargoes, priority regulations, or
unusually severe weather, the period hereinafter specified for completion of his work
shall be extended for such reasonable time as approved by the OWNER.
B. No extensions of time shall be deemed a waiver by the OWNER of his right to
terminate the CONTRACTOR for abandonment or delay by the CONTRACTOR as
herein provided or relieve the CONTRACTOR from full responsibility for
performance of his obligation hereunder.
C. All claims for delay must be clearly communicated to the OWNER immediately upon
realization by the CONTRACTOR that such a delay is necessary. The claim must
then be submitted in writing to the Owner. No extensions will be granted if the
CONTRACTOR did not adequately inform the OWNER of his intentions. No
extension shall be made for claims for delay if not made within a fifteen (15) day
period. In the case of a continuous cause for delay, only one claim is necessary.
D. This article does not exclude the recovery of damages for delay by either party under
other provisions in the Contract Documents.
34. DELAY DAMAGES
The CONTRACTOR agrees to make no claim for damages for delay in the performance of
this contract, except that if the CONTRACTOR'S delay is caused by OWNER'S bad faith or
willful, malicious or grossly negligent conduct, and such delay causes an increase in the cost
of performance of the work, then the contract price shall be adjusted accordingly. The
adjustment in price shall include only those costs directly attributable to the delay and shall
be limited to:
A. Increased labor costs (direct and indirect)
B. Increased material costs
C. Increased field supervision costs
D. Increased field office overhead
Any such increased cost shall be subject to verification by the CONSULTANT and/or the
OWNER.
35. RIGHT TO USE WORK
The OWNER shall have the right to take possession of or use any part of the completed or
partly completed work before final acceptance. Such possession or use shall not be deemed
an acceptance of any work not completed in accordance with the Contract Documents. No
extension of time shall be given CONTRACTOR in the event the OWNER takes possession
of partially completed premises in which completion has been delayed due to the
CONTRACTOR not performing in accordance with the contract specifications and
construction schedule.
36. GUARANTEE PERIOD
A. The guarantee period shall commence upon the date specified in the final certificate
and continue for a period of one year. The guarantee period shall have a value of five
percent (5%) of the final Contract amount.
B. Upon completion and acceptance of the work by the OWNER and CONSULTANT,
the CONTRACTOR shall submit to the OWNER duplicate copies of a general
guarantee for the entire work. The guarantee shall be unconditional and cover all
labor, material, and equipment furnished. All guarantees shall be written in a form
satisfactory to the OWNER.
C. The CONTRACTOR shall remedy any defective work appearing within one (1) year
from the date of commencement of the guarantee period and shall pay for damages
caused by such defective equipment, work, or materials or occasioned in correcting
the same.
D. If any defects occur within the guarantee period, the CONTRACTOR shall, within
seven (7) days after receipt of notification of such defects, take the necessary action to
correct such defects. The correction of any defects in equipment, materials, and
workmanship which may develop during the guarantee period shall be at the expense
of the CONTRACTOR. If the CONTRACTOR fails to comply with the requirements
of this paragraph within the time stated, the OWNER may have the corrective work
done and charge the CONTRACTOR for the work plus a ten percent (10%)
administration fee. The CONTRACTOR shall bear the expense of correcting defects
which shall include without limitation any additional testing, inspection and
compensation for OWNER'S services and expenses which include CONSULTANT'S
and OWNER'S engineering fees made necessary thereby.
E. Request for final payment for the work may be submitted upon expiration of the
guarantee period unless any defects in equipment, materials, and workmanship remain
at such date.
F. Final payment for the work shall be retainage withheld by the OWNER in accordance
with the Agreement, less any charges for corrective work or damages for defective
equipment, materials, and workmanship or those charges occasioned in correcting the
same.
37. OWNER'S RIGHT TO TERMINATE AND/OR COMPLETE CONTRACT
Should the CONTRACTOR become insolvent, or should he refuse or neglect to prosecute
the work in a proper manner and as directed by the OWNER, or otherwise fail in the
performance of any of his obligations under this Contract, and Surety after proper request
fails to complete the Contract, then the OWNER, upon the certificate of the CONSULTANT
that sufficient cause exists to justify such action, and after giving the CONTRACTOR and
his Surety thirty (30) calendar days written notice, may, without prejudice to any other right
or remedy, terminate the employment of the CONTRACTOR and take possession of the
premises and of all materials, tools, and appliances thereon and finish the work by whatever
method he may deem expedient. In such cases, no further payment shall be made to the
CONTRACTOR. Should such expense exceed the unpaid balance, the CONTRACTOR and
his sureties shall pay the difference to the OWNER. The OWNER shall audit and certify
the expense incurred by it in finishing the work and the damage incurred through the
CONTRACTOR'S fault. 38. REMOVAL OF EQUIPMENT AND SUPPLIES
In the case of termination of this Contract before completion from any cause whatever, the
CONTRACTOR, if notified to do so by the OWNER, shall promptly remove any part or all
of his equipment and supplies from the property of the OWNER, failing which the OWNER
shall have the right to remove such equipment and supplies at the expense of the
CONTRACTOR.
MATERIAL AND WORK REQUIREMENTS
39. WORKMANSHIP
Unless otherwise specifically stipulated in the Specifications, all workmanship shall be of
the best quality and all workmanship and services rendered shall meet any applicable
building codes applicable and statutory requirements. All equipment and articles
incorporated in the work shall be new and of the best grade of their respective kinds for the
purpose.
40. SHOP DRAWINGS
A. Upon request of the OWNER the CONTRACTOR shall submit to the OWNER for
approval a schedule of shop drawing submissions. The OWNER shall be notified
immediately of changes in the schedule. Any changes in the shop drawing submission
schedule will be presented to the OWNER for approval. Shop drawings shall be
submitted in accordance with the approved schedule of shop drawing submissions and
any approved changes thereto.
B. The CONTRACTOR shall submit for the approval of the OWNER shop drawings for
all fabricated work and for all manufactured items required to be furnished in the
Contract. Shop drawings shall be submitted in sufficient time to allow at least four
work days for the examination of each drawing in a set of shop drawings or fifteen
work days maximum per set. A set of shop drawings shall be considered to be all
drawings submitted by the CONTRACTOR on any calendar day. If the shop drawings
are detained for examination for a period longer than stated above, such detention will
be taken into account when considering application by the CONTRACTOR for an
extension of time for the completion of the Contract. All shop drawings shall be time
and date stamped as they are received and recorded in a log at the office of the
OWNER.
C. OWNER'S approval of the CONTRACTOR'S drawings shall be considered as a
gratuitous service, given as assistance to the Contractor in interpreting the
requirements of the Contract, and in no way shall it relieve the CONTRACTOR of
any responsibilities under the Contract. Any fabrication, erection, setting or other
work done in advance of the receipt of shop drawings returned by the OWNER and
noted as "Approved" or "Approved as Noted," shall be entirely at the
CONTRACTOR'S risk. The OWNER'S review will be confined to general
arrangement and compliance with the Contract Drawings and Specifications only, and
will not be for the purpose of checking dimensions, weights, clearances, fitting,
tolerances, interferences, coordination of trades, etc.
D. Shop drawings shall be furnished to the OWNER for use in accordance with the
following sequence of operation:
(1) Initially two (2) copies shall be submitted to the OWNER for review. After
review, one (1) copy will be returned to the CONTRACTOR.
(2) When shop drawings are returned for correction, they shall be corrected and
resubmitted for approval as described above, and such procedure will not be
considered as grounds for delay in completing the work.
(3) When approved, three (3) additional copies of the approved shop drawings shall
be immediately submitted to the OWNER. All copies of approved shop
drawings will be identified by the OWNER as having received such approval by
being so stamped and dated. Failure of the CONTRACTOR to supply the
required number of approved shop drawings for field use can constitute reason
to reject work or material at the job site.
E. Shop drawings submitted by subcontractors shall be sent directly to the
CONTRACTOR for preliminary checking. The OWNER shall be responsible for their
submission to the CONSULTANT at the proper time so as to prevent delays in
delivery of materials.
F. The CONTRACTOR shall thoroughly check all subcontractor's shop drawings as
regards measurements, sizes or members, materials, and details to satisfy himself that
they conform to the intent of the Contract Drawings and Specifications. Drawings
found to be inaccurate or otherwise in error shall be returned to the subcontractors by
the CONTRACTOR for correction before submitting them to the OWNER. Before
submission, the CONTRACTOR shall mark the drawing as being checked and
approved, dated, and signed.
G. All details on shop drawings submitted for approval shall clearly show the relation of
the various parts, and where the work depends upon field measurements, such
measurements shall be obtained by the CONTRACTOR and noted on the shop
drawings before being submitted for approval.
H. All submissions shall be properly referenced to indicate clearly the specification
section, location, service, and function of each particular item. All submissions for
one item or group of related items shall be complete. Where manufacturer's
publications in the form of catalogues, pamphlets, or other data sheets are submitted
in lieu of prepared shop drawings, such submission shall specifically indicate the item
for which approval is requested. Identification of items shall be made in ink, and
submissions showing only general information are not acceptable.
I. If the shop drawings contain any departures from the Contract requirements, specific
mention thereof shall be made in the CONTRACTOR'S letter of transmittal. Where
such departures require revisions to layouts or structural changes to the work as shown,
the CONTRACTOR shall, at his own expense, prepare and submit revised layout and
structural drawings for approval. Such drawings shall be the same size as the Contract
Drawings unless otherwise approved.
41. SAMPLES
The CONTRACTOR shall furnish for approval, with such promptness as to cause no delay
in his own work or in that of any other CONTRACTOR, all samples as required by the
Contract Documents. The OWNER shall review and approve or reject such samples, with
reasonable promptness, only for conformance with the design and for compliance with the
information given in the Contract Documents. The work shall be in accordance with
approved samples
. 42. GENERAL ARRANGEMENT
The Contract Drawings indicate the extent and general arrangement of the work. If any
departures from the Contract Drawings are deemed necessary by the CONTRACTOR to
accommodate the materials and equipment he proposes to furnish, details of such departures
and reasons therefor shall be submitted as soon as practicable to the OWNER for approval,
and within twenty (20) days after award of Contract. No such departures shall be made
without the prior written approval of the OWNER, and approved changes shall be made
without additional cost to the OWNER.
43. STANDARD PRODUCTS AND MATERIALS
All materials, equipment, and accessories shall be new and unused and shall be essentially
the standard product of a manufacturer regularly engaged in the production of such material
or equipment, and shall essentially duplicate material or equipment that has been in
satisfactory operation at least five (5) years. The CONTRACTOR shall, if required, furnish
evidence as to the kind and quality of materials used by the CONTRACTOR. The OWNER
reserves the right to reject any material or equipment manufacturer who, although he meets
the above requirements, does not provide satisfactory evidence indicating adequate and
prompt post-installation repair and maintenance service, as required to suit the operational
requirements of the OWNER. Items of any one type of materials or equipment shall be the
product of a single manufacturer.
44. CERTIFICATES
Materials or equipment delivered to the site shall be accompanied by certificates, signed by
an authorized officer of the manufacturing company, guaranteeing that the materials or
equipment conform to Specification requirements. Such certificates shall be immediately
turned over to the OWNER. Materials or equipment delivered to the site without such
certificates will be subject to rejection.
45. TESTS
The OWNER reserves the right to independently perform, at its own expense, field and
laboratory tests on random samples of material or performance test on equipment delivered
to the site. These tests, if made, will be conducted in accordance with the appropriate
referenced standards or Specification requirements. The entire shipment represented by a
given sample, samples or piece of equipment may be rejected on the basis of the failure of
samples or pieces of equipment to meet specified test requirements. All rejected materials
or equipment shall be removed from the site, whether stored or installed in the work, and the
required replacements shall be made, all at no additional cost to the OWNER.
46. EQUIVALENTS AND SUBSTITUTIONS
A. Whenever a particular brand or make of material, equipment, or other item is specified
or is indicated in the contract documents, any other brand or make which, in the
opinion of the OWNER, is equivalent in quality, value, performance, and suitability
to that specified or indicated may be offered except where specifically stated
otherwise.
B. A particular brand or make of material, equipment or other item which is not
equivalent in quality, value, performance and suitability may be considered as a
substitute if it is determined by the OWNER to be in the best interest of the OWNER.
C. The CONTRACTOR shall submit complete descriptive literature and performance
data together with samples of the materials where feasible for each proposed
equivalent or substitution. No equivalent in quality, value, performance and
suitability or substitution items shall be used in the work without prior written approval
of the OWNER.
D. In all cases the OWNER shall be the sole judge as to whether a proposed equivalent
or substitution is to be approved and the CONTRACTOR shall have the burden of
proving the same, at his own cost and expense, to the satisfaction of the OWNER. The
CONTRACTOR shall abide by the OWNER'S decision when proposed equivalent or
substitution items are judged to be unacceptable and shall in such instances furnish the
item specified or indicated. The OWNER shall have and make no claim for an
extension of time or for damages by reason of the time taken by the OWNER in
considering an equivalent or substitution proposed by the CONTRACTOR or by
reason of the failure of the OWNER to approve an equivalent or substitution proposed
by the CONTRACTOR.
E. Where the approval of an equivalent or substitution requires revision or redesign of
any part of the work covered by this Contract, all such revision and redesign, and all
new Drawings and details required therefor, shall be subject to the approval of the
OWNER and shall be provided by the CONTRACTOR at his own cost and expense.
Any changes in construction work arising out of such revisions and redesign shall be
performed and paid for by the CONTRACTOR. Any savings realized by the
CONTRACTOR as a result of the approved equivalent or substitution, including any
savings in installation costs or related construction costs, shall be passed on to the
OWNER.
47. ADDITIONAL ENGINEERING SERVICES
A. In the event that the CONSULTANT and/or OWNER are required to provide
additional engineering services as a result of substitution of equivalent materials or
equipment by the CONTRACTOR, or changes by the CONTRACTOR in dimension,
weight, power requirements, etc., of the equipment and accessories furnished, or if the
CONSULTANT and/or OWNER are required to examine and evaluate any changes
proposed by the CONTRACTOR for the convenience of the CONTRACTOR, then
the CONSULTANT'S and OWNER'S expenses in connection with such additional
services shall be paid by the CONTRACTOR and may be deducted from any monies
owed to the CONTRACTOR.
B. In the event that the CONSULTANT and/or OWNER are required to provide
additional engineering services as a result of CONTRACTOR'S errors, omissions, or
failure to conform to the requirements of the Contract Documents, or if the
CONSULTANT and/or OWNER are required to examine and evaluate any changes
proposed by the CONTRACTOR solely for the convenience of the Contractor, then
the CONSULTANT'S and/or OWNER'S expenses in connection with such additional
services shall be paid by the CONTRACTOR and may be deducted from any monies
owed to the CONTRACTOR.
48. STRUCTURAL DESIGN
Structural design shown on the Drawings is based upon maximum weights for major items
or equipment as indicated on the Drawings. If the equipment furnished exceeds the weights
indicated, the CONTRACTOR shall assume the responsibility for all costs of redesign and
for any construction changes required to accommodate the equipment furnished, including
all CONSULTANT and OWNER engineering expenses in connection therewith.
49. DIMENSIONS
If any dimensional or space allocations are required to be changed to accommodate the
equipment furnished by the CONTRACTOR, all cost thereof shall be borne by the
CONTRACTOR including all CONSULTANT and OWNER expenses in connection
therewith. 50. MAINTENANCE AND OPERATIONS MANUAL/SPARE PARTS DATA
At a reasonable time before the OWNER takes beneficial occupancy of the work, the
CONTRACTOR shall furnish maintenance manuals, warranties, and spare parts data for
equipment and materials provided within the contract. Spare parts data shall include a
complete list of parts and supplies, with current unit prices and source of supply; a list of
parts and supplies that are normally furnished at no extra cost with the purchase of the
equipment and a list of additional items recommended by the manufacturer to assure efficient
operation for a period of one hundred and twenty (120) days at the particular installation.
Maintenance and Operation Manuals which include warranty and spare parts information
shall be submitted in accordance with the technical specifications. The foregoing shall not
relieve the CONTRACTOR of any responsibilities under the guaranty specified herein.
SITE CONDITIONS
51. SITE INVESTIGATION
The CONTRACTOR acknowledges that he has satisfied himself as to the nature and location
of the work, the general and local conditions, particularly those bearing upon transportation,
disposal, handling, and storage of materials, availability of labor, water, electric power,
roads, uncertainties of weather, groundwater table or similar physical conditions at the site,
the conformation and condition of the ground, the character, quality and quantity of surface
and subsurface materials to be encountered, the character of equipment and facilities needed
prior to and during the prosecution of the work and all other matters which can in any way
affect the work or the cost thereof under this Contract. Any failure by the CONTRACTOR
to acquaint himself with all the available information concerning these conditions will not
relieve him from responsibility for estimating properly the difficulty or cost of successfully
performing the work.
52. LOCATION OF EXISTING UTILITIES
The location, sizes, and elevations of existing utilities are not guaranteed and may be
approximate only. The CONTRACTOR shall be responsible for determining the exact
location and depth of all utilities and structures in the path of, closely parallel to, or under
the proposed construction.
53. SURVEY AND LAYOUT
A. All survey work for construction purposes shall be made by the CONTRACTOR at
his expense. The CONTRACTOR shall provide a Licensed Surveyor, Professional
Engineer or other qualified party as approved by the OWNER, as Chief of Party,
competently qualified workers, all necessary instruments, stakes and other material to
perform the work. Any error, apparent discrepancy or absence of data required for
accurately accomplishing the stake-out survey shall be referred immediately to the
OWNER for interpretation or correction. All surveys shall be closed to known
monumentation and datum.
B. The CONTRACTOR shall be responsible for the accuracy of his work and shall
maintain all reference points, stakes, etc., throughout the life of the CONTRACT.
Damaged, destroyed, or inaccessible reference points, bench marks or stakes shall be
replaced by the CONTRACTOR at his own expense. Existing or new control points
that are destroyed during construction shall be re-established and all reference ties
recorded therefore shall be furnished to the OWNER.
C. All computations necessary to establish the exact position of the work shall be made
and preserved by the CONTRACTOR. At completion of the work the Licensed
Surveyor, Professional Engineer or other qualified party as approved by the OWNER
shall furnish a certificate to the OWNER that the final layout is in conformance with
the plans.
D. Under this Section, the CONTRACTOR shall perform all measurements for payment
purposes under the immediate and direct observation of the OWNER. Any such
measurements not made under the OWNER'S supervision or not in accordance with
his directions will not be acceptable. One set of all field notes, together with
reductions, and certified by the Licensed Surveyor, Professional Engineer or other
qualified party shall be furnished to the OWNER.
E. The OWNER may check all or any portion of the work and the CONTRACTOR shall
afford all necessary assistance to the OWNER in carrying out such checks. Any
necessary corrections to the work shall be immediately made by the CONTRACTOR.
Such checking by the OWNER shall not relieve the CONTRACTOR of any
responsibility for the accuracy or completeness of his work.
54. SUPERINTENDENCE
The CONTRACTOR shall have present on the work site a competent Superintendent and
any necessary assistants, all satisfactory to the OWNER. In no event shall work begin prior
to OWNER'S approval of CONTRACTOR'S Superintendent. The Superintendent shall not
be replaced without the consent of the OWNER, unless the Superintendent proves to be
unsatisfactory to the CONTRACTOR and ceases to be in his employ or Superintendent
proves to be unsatisfactory to the OWNER and OWNER directs CONTRACTOR to replace
said Superintendent. The Superintendent shall represent the CONTRACTOR in his absence
and all directions given to him, verbally or otherwise, shall be binding on the
CONTRACTOR. The CONTRACTOR shall give efficient supervision to the work using
his best skill and attention.
55. SAFETY AND PROTECTION
A. The CONTRACTOR shall be solely responsible for initiating, maintaining and supervising
all safety precautions and programs in connection with the work. The CONTRACTOR shall
comply with Local Health and Safety Regulations and all applicable statutes and regulations
of the State of New York and the Occupational Safety and Health Administration (OSHA)
pertaining to work safety. The CONTRACTOR shall take all necessary precautions for the
safety of, and shall provide the necessary protection to prevent damage or injury to or loss
of: 1. all employees on the site and other persons who may be affected thereby
2. all the work and all products to be incorporated therein, whether in storage on or off
the site, and
3. other property at the site or adjacent thereto, including trees, shrubs, lawns, walks,
pavements, roadways, structures, and utilities not designated for removal, relocation,
or replacement in the course of construction.
B. When working in the Right-Of-Way, the CONTRACTOR shall require all on-site
employees or subcontractors, as a minimum, wear brightly colored outer-garments and/or
safety vests and work boots. The safety clothing shall be worn at all times while performing
work under the Agreement. Additional personal protection, such as safety glasses, ear plugs
and hard hats shall be worn as required.
56. ACCIDENTS
The CONTRACTOR shall provide at the site, such equipment and medical facilities as are
necessary to supply first-aid service to any of his personnel who may be injured in
connection with the work. The CONTRACTOR shall promptly report in writing to the
OWNER all accidents whatsoever arising out of, or in connection with, the performance of
the work, whether on or adjacent to the site, which caused death, personal injury or property
damage, giving full details and statements of witnesses. In addition, if death or serious
injuries or serious damages are caused, the accident shall be reported immediately by
telephone or messenger to both the CONSULTANT and the OWNER. If any claim is made
by anyone against the CONTRACTOR or a subcontractor on account of any accidents, the
CONTRACTOR shall promptly report the facts in writing to the OWNER, giving full details
of the claim. In addition, the CONTRACTOR shall comply with the provisions of OSHA
29 CFR Part 1926 et. seq. in the investigation and reporting of accidents, job-related
illnesses, etc.
57. TEMPORARY SERVICES
A. The CONTRACTOR shall provide, maintain, and pay for all necessary temporary
services such as sanitary facilities, water, heat, light, power, telephone, etc., which are
required for the proper prosecution of the work of this Contract.
B. The CONTRACTOR shall make all necessary arrangements with local authorities and
utility companies having jurisdiction over these services. All work in connection with
such temporary services shall be in accordance with the requirements of such local
authorities and utility companies and as required by applicable codes and regulations.
C. At completion of the work or when the temporary services are no longer required,
temporary work shall be removed and the facilities satisfactorily restored to their
original condition
. 58. STORAGE AND HANDLING OF MATERIALS
A. The CONTRACTOR shall store his equipment and materials at the job site in a manner
which conforms to applicable statutes, ordinances, regulations and rulings or proper
public authority and in a manner which conforms with any directives given by the
OWNER. The CONTRACTOR shall not store unnecessary materials or equipment
on the job site and shall take care to prevent any structure from being loaded with a
weight which will endanger its security or the safety of persons. The CONTRACTOR
shall enforce the instructions of the OWNER respecting signs, fire, and smoking.
B. Materials shall not be placed within 30 feet of fire hydrants. Gutters and drainage
inlets shall be kept unobstructed at all times. The CONTRACTOR shall not store
materials or encroach upon private property or other contractor's work areas without
prior written consent.
59. PROTECTION OF WORK, MATERIALS AND EQUIPMENT
During the progress of the work and up to the date of final acceptance, the CONTRACTOR
shall be solely responsible for the care and protection of all work and materials covered by
this contract. All work and materials shall be protected against damage or loss from any
cause whatsoever and the CONTRACTOR shall make good any such damage or loss at his
own expense. Protective measures shall be subject to the approval of the OWNER.
60. INCLEMENT WEATHER
Unless otherwise specifically permitted, all work that would be subject to damage shall be
stopped during inclement, stormy or freezing weather. Only such work as will not suffer
damage to workmanship or materials will be permitted. The CONTRACTOR shall carefully
protect his work against damage from the weather, and when work is permitted to proceed
during freezing weather, he shall provide and maintain approved facilities for heating the
materials and for protecting the finished work.
61. PROTECTION OF PROPERTY
A. The CONTRACTOR shall be responsible for the preservation and protection of
property adjacent to the work site against damage or loss as a result of his operations
under this contract. Any damage or loss occurring on account of any act, omission or
neglect on the part of the CONTRACTOR shall be restored in a proper and satisfactory
manner or replaced by and at the expense of the CONTRACTOR.
B. It is the CONTRACTOR'S responsibility to make himself aware of and comply with
such safety regulations as may be required by jurisdictional agencies and shall at all
times conduct his operations so as to avoid and eliminate any unsafe conditions created
by his operations.
C. In the event of any claims for damage or alleged damage to private property as a result
of work under this contract, the CONTRACTOR shall be responsible for all costs in
connection with the settlement of, or defense against, such claims. Prior to
commencement of work in the vicinity of private property, the CONTRACTOR at his
own expense shall take such surveys as may be necessary to establish the existing
conditions of the property. Before final payment can be made, the CONTRACTOR
shall furnish satisfactory evidence that all claims for damage have been legally settled
or sufficient funds to cover such claims have been placed in escrow, or that an adequate
bond to cover such claims has been obtained.
D. In the event that the CONTRACTOR has trespassed upon private property in the
prosecution of the work of this Contract, the OWNER may withhold payment for the
value of such damage or alleged damage in or on the property, but in any case not less
than a sum of $1,000 for each property trespassed, until the Contractor has secured a
notarized written release from the property owner upon whose property the trespass
was committed, holding the OWNER harmless.
62. CLEANING UP
The CONTRACTOR shall at all times keep the premises and site free from accumulations
of waste materials or rubbish caused by his employees or work, or the employees or work of
any of his subcontractors. At the completion of the work he shall remove all rubbish so
caused from and about the site of the work and all temporary structures, tools, scaffolding
and surplus materials, supplies and equipment which he or any of his subcontractors may
have used in the performance of the work. In case of dispute, the OWNER may remove the
rubbish and charge the cost of such removal to the CONTRACTOR, which shall be deducted
from any monies owed to CONTRACTOR. Any salvaged material not specified to be
disposed of otherwise shall become the property of the CONTRACTOR and shall be
removed by the CONTRACTOR from the site.
63. INSPECTION OF WORK
A. The OWNER, CONSULTANT, other representatives of the OWNER, and
representatives of other agencies having jurisdiction may inspect the materials
furnished and the work done during the course of construction, and shall have
unrestricted access to all parts of the work and to all points of manufacture or
fabrication of materials and equipment. The CONTRACTOR shall provide such
facilities as are reasonably necessary to carry out the inspection. If witnessed shop
tests or inspections are required at the point of manufacture, the CONTRACTOR shall
keep the OWNER advised as to the progress of the work so that he may arrange for
inspection at the proper time and place.
B. If the Specifications, OWNER'S instructions, ordinances, or any public authority
requires any work to be specially tested or approved, the CONTRACTOR shall give
the OWNER timely notice of its readiness for inspection and if the inspection is by an
authority other than the OWNER, of the date fixed for such inspection. If any work is
covered without the approval or consent of the OWNER, the OWNER may require
such work to be uncovered for examination and properly restored at the
CONTRACTOR'S expense.
C. At any time during the progress of the work and up to the date of final acceptance, the
OWNER shall have the right to reject any work which does not conform to the
requirements of the Contract Documents, even though such work has been previously
inspected and paid for. Any omissions or failure on the part of the OWNER to
disapprove or reject any work or materials at the time of inspection shall not be
construed as an acceptance of any defective work or materials as the CONTRACTOR
remains responsible for ensuring that its work meets the requirements of the Contract
Documents. If any work or materials shall be condemned by the OWNER as defective,
or improperly done, such work shall be removed and replaced, or the defects otherwise
remedied in a manner satisfactory to the OWNER, and consistent with the intent of
the Contract. All costs and expenses in connection with CONTRACTOR'S failure to
meet contract requirements, including without limitation retesting costs, additional
inspection costs, and compensation for OWNER'S and CONSULTANT'S engineering
services will be the CONTRACTOR'S expense.
64. COMMUNICATION/RESPONSE SERVICE
A. Before any work is started, the Contractor shall supply the Owner with the telephone
number(s) of a portable pager or telephone which shall be carried by the Contractor's
supervisor and site superintendent(s) at all times. The Contractor shall respond to all
communication attempts by the Owner within one (1) hour from the initial request.
The Contractor shall investigate and correct any safety hazards or potential
emergencies caused by his work immediately following notification by the Owner.
END OF GENERAL CONDITIONS
PROJECT MANUAL
APPENDIX A
NEW YORK STATE PREVAILING WAGE
INFORMATION, FORMS AND RATES
