Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutResolution #3481RESOLUTION NO. 3781
A RESOLUTION APPROVING A CONTRACT BETWEEN THE CITY OF
CANTON AND HOLTHAUS CONSTRUCTION SERVICES FOR WORK ON
THE ROOF AT THE PUBLIC SAFETY BUILDING
WHEREAS, the Canton City Council on the 20th. day of July, 1999 approved the
bid of Holthaus Construction Services of $54,331 to replace the roof at the Public Safety
Building; and,
WHEREAS, Holthaus Construction Services has submitted a written contract for
said work which calls for equal payments of fifty percent on contract acceptance and fifty
percent due upon completion and inspection per the General Speficiations.
NOW, THEREFORE BE IT RESOLVED BY THE CITY OF CANTON,
Fulton County, Illinois as follows:
1. That upon approval of the contract by the City Attorney, payment per the terms
of the contract is authorized to be made by the City Treasurer.
2. That this Resolution shall be in full force and effect immediately upon its
passage by the City Council of the City of Canton, Fulton County, Illinois and approval by
the Mayor thereof.
FASSED by the City Council of the City of Canton, Fulton County, Illinois, at a
regular meeting this 3rd day of August 1999.
AP VED:
'~'~ ~~~,
Donald E. Edwards, Mayor
Attest:
,~ ,~
Nancy Whit s, City Clerk.
CONrRALT
THIS AC~tEEN~]T, made this 2 9th day of J u 1 y , 19 a 9, between the
City of Canton, Illinois, herein called "Owner", and Holtha us
C o n s t r u c t i o n S e r y i c e s , a corporation, partnership, an indivi-
dual, (strike out inapplicable teams) doing business for the City of Canton,
Ftil.ton County, Illinois, herein called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned, to be made and performed by the OWNER, the CONTRACI~DR hereby agrees
with the OWNER to commence and complete the construction described as:
t~1aterial and labor to re-roof the Oavid lV. O'Brien
Public Safety Buildinn with a fifteen year total labor
and material warranty.
hereinafter called the "Project", for the sum of F i f ty f o u r t h o u s a n d,
three hundred thirty one and no/100 Dollars ($ 54,31.00 ),
and all extra work in connection therewith, under the terms as stated in the General
and Special Conditions of the Contract; and at his (its or their) own expense and
costs to furnish all the materials, supplies, machinery, equipment, tools, superin-
tendence, labor, insurance and other accessories and services necessary to complete
the said project in accordance with the conditions and prices stated in the Proposal,
the General Conditions, and Special Conditions of the Contract, the plans, which
include all maps, plats, blue prints, and other drawings and printed or written
explanatory matter thereof, the specifications and contract doc~mients therefor as
prepared by the City Engineer, herein entitled the Architect/Engineer, and as
enumerated in the General Conditions, all of which are made a part hereof and collect-
ively evidence and constitute the contract.
The Contractor hereby agrees to commence work under this wntract on or before a date
to be specified in a written "Order to Proceed" of the Owner and to fully complete
the project within consecutive calendar days thereafter. The Contractor
further agrees to pay, as liquidated damages, the sum of for each consecu-
tive calendar day thereafter as hereinafter provided in the General Conditions.
The Owner agrees to pay the Contractor in current funds for the performance of the
contract, subject to additions and deductions, as provided in the General Conditions
of the Contracts, and to make payments on account thereof as provided in section
"Payments to Contractor" of the General Conditions.
ORDER TO PROCEED
The Contractor agrees that construction on the project shall, in any
event commence by and shall substantially
be completed by
SPECIRL COPJDITIONS
Payment shall be fifty percent payable at contract acceptance, LUith
balance due upon completion and inspection of the work as under the
General Specifications of .this contract,
IN WITNESS WHEREOF, the parties to these presents have executed this contract in
six counterparts, each of which shall be deemed an original in the year and day
first above mentioned.
SEAL
ATTEST:
City of Canton, Illinois
BY:
City Clerk
SEAL
Mayor
Contractor
BY:
Street Address
City, State, Zip Code
BID FOR UNIT PRICE CONTRACTS
To City of Canton, 210 East Chestnut Street, Canton, IL 61520
(Hereinafter called "Owner").
Gentlemen:
Proposal of E.01 t h a u s Construction :, e r v i einafter called "Bidder"), a
corporation, organized and existing under the laws of the State of ~ ~ , a
partnership, of an individual doing business as H o l t h a u s C o n s t r u c t i o n
located at 121 Northridge Lane, Peoria , I L 61614
The Bidder, in compliance with your invitation for bids for a new roof on the David W.
O'Brien Public Safety Building and the Fire Department Engine Bay, having been informed
of the specifications, hereby proposes to furnish all the materials, in accordance with the
contract documents, within the time set forth therein, and at the prices stated below.
These prices are to cover all expenses incurred in fiunishing the item requested under the
contract documents ofwhich this proposal is a part.
*Bidder acknowledges receipt of the following addendum:
Bidder agrees to furnish said item described for the following prices:
ITEM f 1 a t e r i a l & Labor t o Total Price
ate-roof David l'!. O'Brien Safety Bldg. X54,331.00
New Roof On Public Safety Building Including the Fire Department Bay, including all
necessary repaus.
$ $54,331.00
Please attach your suggestions as to the proper repairs and proper method of repair
including all materials and labor.
The Bidder acknowledges that the City of Canton reserves the right to alter or amend bid
specifications without notices, to withdraw the bid specifications, to reject any or all bids,
and to waive any informalities in the bidding. The Bidder irrevocably waives any claim for
damages or out-of-pocket expenses caused by the City's alteration or amendment or
withdrawal of the bid specifications, or rejection of the bids.
Signature: Date: 7 / 12 / 9 9
CEATTFiC.'LT10N-OF 8100EA REGARDING EfltJAI. E~IAPLOYMEAIT''OPPORTUNITY
This aerrfflation is required ptttsuaat to Eaetutire Order 11.46 (3t) F. R. 1rI9•Z~. Ths iraplmsmtia=
nrles aad te;uiatioas p:aride that say biddsr or prospecsirs caatrrctor. or aay of their ptvposed subcoa-
t:acta:=. shall mte ss as iaitial part of the bid or ne=otiatioas of the caatraa whether it has psraepsted is
aay previous contract or subeoatrus subject to the aqua! oppotttraity louse: sad. if so. whether it has tiled
aJl cotapliaace eeparts due wader appliabie iasaructions.
When the artiticstion iadiatrs that the bidder has not tIIed s complisaa report due wader appppirable ia-
sauctions. suds bidder shad be required to subarit a ~rapliaaea eeporc arithia seyea czieadsr days after bid
openrn=. Yo contrlct shall bs awarded unless such report is submitted.
cf~ra~c.~-noN sY e~cc~~
~.~.s wwo .ooaess of Eioosn rrweu.. z1r G~.r
1. S1d0ar ns oarsdosae in ~ O~mas eon~aa or weo~a woMe= to eta Eeua~ Gooorosnitl- Qauf~.
Q Yp ^ r'~e
2 Comolis~o raoero rwn ~equin0 m a Ahd in mneweaon Meet mC7 mna7et or s~roean4aes.
Q Yu C Ne
i Sider nay fsl.a au menaiere Hoorn awe una~r ~ooliaole ifOOSiCae1Y. '
C ru C Ne C Near a.oeu.a
s, Mew y0Y Mf OEM or 7ft YOY ONeR CpnsiONlO fOt sale7on Ow m aalaooll Ot Es~Cm~ G+aM 112x6. a amN+oeol
Yy C Ne
N~1r! .-NO TsTL Oi srG~Elt III... nwr.
i1Gr1I-TtJ11E OJ-Ta
Ilw~~ ian~ r~~JOJa7LC•t , .w~ ~i Cbw~
VI-27
To: Connie Westhafer
From: Linda Caudle
Phone: 647-1288
Date: 6/8/99
Re: Display Ad
Please run a small, boxed display ad on June 17, 1999, June 23, 1999 and July 2, 1999.
Send proof of ad along with bill. THANI{,S
The City of Canton will accept separate, sealed bids for a new roof on the David W.
O'Brien Public Safety Building. Bids and proposals must be received by 5:00 p.m July
13, 1999 in the City Clerk's Office, 210 East Chestnut Street. Bids will be opened at the
City Council Clerical Committee Meeting July 13, 1999 at 6:30 p.m The City has the
right to reject any and all bids. For bidding information contact George Spahr, City
Building, 309/647-5022. Nancy Whites, City Clerk
P.o. No. a r.4.,
HOLTHAUS CONSTRUCTION SERVICES
poh ea~a:e
1!1 c NoRnaNOOe ur.
reoRU- ~ elel4aola
PROPOSAL
~ City of Canton
210 East Chestnut
Canton, Iilinoia 61520•.
Attn: Mr. George Spahn
(PaoHe ~ o~m
July I2, I999
,loe carte i uxwnoN
Public Safety Building
First b Spruce Streets
.~ n+orrc
• ha~elr suaml tp~allo~ooln alo Nom.s. ra:
Material and labor to reroof Public Safety Building:
• Overlay and mechanically attach Amocor Protection board to existing
roof construction.
~. Mechanically attach .040" thick DURO-LAST roof membrane to existing
roof construction.
Aemove existing sheet metal parapet wall caps, numbered and stored.
Install DURO-LAST factory fabricated parapet wall fleshings, encapsulating
the top of the wall.
Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes,
fan curbs, roof top dnits,pitch pans,roof drain boots, etc.
Reinstall existing sheet metal parapet wall caps.
Install eighteen (18) walkway pads (30" x 60") at roof top units.
Note t11: Repair and/or replacement of deteriorated substrate material is not
included in this proposal.
~• Note X02: A fifteen year total labor and material warranty will be issued upon
completion of the work. A sample copy is enclosed for your reference.
We appreciate the opportunity to make this presentation. Thank you.
We Proposs n«.by to hw~.b m~Nritl.nd abor • cornpln In.oeadanc~ w+d,lM.bw..p~eflle.tio~., fa th..um ot:
Fifty four thousand, three hundred thirty one and 00/IOO eolwr+~t54,331.00 ~•
HNarwr is M nraM ~ IYMrr.r
Fifty percent payable at contract acceptance , with balance due upon completion
of the work.
IN rrwM w *arwrl..d b a • fOMYhd. All cast to a eangNMd M . wabrrralN rrwnnw
.eeer~ te.ewrdwA p.e+leM. Mp.Iwr.Men er d.vNllerr horn.bev~.paNk.llon. brvelvirr0 ~ ~'
ear. eea. will tr auwa.e asp ~ wrAlan alo., and will bNaM.rr.aer. eAwy. ov.r ilpnstx.
ard.lew tM otlaMn. /~1 aorwnwar aeMMMMI upen.altw..eeldmb a dWp MYOnd
av.errlrol. Nepalr ewr~w r.rry IMR t,nrads.ad atlw n.o..wy t+.urwre.. Ow watts
w Mgr.swN a YY'alnnn'~ Grn~wraYen twurea Nen: y~jr ~iro~iee.prd wltldn dM•
30
Acceta~cs of Proposal .T,,..~,r. ork....p.olnc.Nor»
.l,d «. allM.efory.nd N. h.rrbr.oe.pt.d. rou u..unlorlnd
b de tlN wale M ~p~dfMd. P~ylmM wiq b~ m~ N aAlll»d bow.
• marwa~
O.b d Am.phrre.:
HOLTHAU8 CON8TRUCTION 8ERVICE3
~1 dt•ditb
1!1 E NiDRTftIp00E W.
~rA, a ne:s.eo:e
~ City of Canton
Z10 East Chestnut
Canton, Illinois 61520•.
Attn: Mr. George Spahn
PROPOSAL
wry
ntoNe
July 12, 1999
.ios NAME i t.OGnON
Public Safety Building
First & Spruce Streets
.ia NUN1lE11
• n«wr subrttN ~pualliaHetr ntd MYmuar tor:
Material and labor to reroof Public Safety Building:
Overlay and mechanically attach Amocor Protection Board to existing
roof construction.
Mechanically attach .040" thick DURO-LAST roof membrane to existing
roof construction.
Remove existing sheet metal parapet wall caps, numbered and stored.
Install DURO-LAST factoty fabricated parapet wall fleshings, encapsulating
the top of the wall.
Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes,
fan curbs, roof top ~inits,pitch pans,roof drain boots, etc.
Reinstall existing sheet metal parapet wall caps. •
Install eighteen (18) walkway pads (30" x 60") at roof top units,
Note i91: Repair and/or replacement of deteriorated substrate material is not
included in this proposal.
~. Note i?2: A fifteen year total labor and material warranty will be issued upon
completion of the work. A sample copy is enclosed for your reference.
We appreciate the opportunity to make this presentation. Thank you.
We Propose Mnby to h,roblt tn.grw and i~bor • cornplN~ In ~ccord.~e~ with tn. bow sp~elflcationt, fa the gum ot:
Fifty four thousand, three hundred thirty one and 00/l00 doA•t+it54,331.00 I•
I~sewst r M onM ~ leMttu
Fifty percent payable at contract acceptance , with balance due upon completion
of the work.
M mrlwlM M ~uuoMwd Is M ~,pesNNd. AN wei! b ~ eetnptebd In ~ w~wYnwdRe mniner
~000r~11 f t0 NNIdMd Pr~Of~~. A11r N1MMi011 Or dtVlMiOn «qll b011/ ~C~MM ~IWIV~AO ~ w •
ellbe 00/r ~ i» ereattee edr coat w~Nten erden.,nd wQ beeenN M M11 elarQe aver
and ebeYe tZle ~IIIM. M ~/111Mtr eOStlMgeik I~OA ~ttNtN. e061dtM1!<q dWye t»yond
av eottrraL /rapwl- ewnw b Mrry IM, Iortt~de tatd aslnr neomrlr ltruwnee. Our warkM
f2!• tuM epM~ted e'P YYtarYrntt'~ CMtt}Mte~etl i1t~111Mtee. Nett prePoal ~ (N
by w • noe.ee.ona «~ 30 °~''
Accsncs of Proposal •TM..~.pris:M,.p~citb.tion.
rrtd «~ MtMaabrr stud au h~nby etxePt~• you ~n «Ahor~ud ~~
~ d0 ttM Work ~ tlpt>eill~d. t~yrtnttt WIN b~ tlttld~ M oudltnd elbow.
• t;iplMhlre
OtMr dAeeNiYttee:
'
~
#
'
~ ~ •., 15 Year
r
~~~
'
•
w
Sti-- @~~
~ No.
'
~ ~~-ST
`
S
• ,~.,-,.
~'~ ,:
~$~~ • ~ Aoofing~ Inc.
525 Morley Drive
~ ~ Warrant y
~`4•~h~ • I Saginaw, M1 48601
ttI"°
~ n
r€~~1}' ,
DURO
LA
b
ldi
b
l
;:
t •
y to the
ui
ng
ST, INC., the sole owner of the Trademark DURO•LAST, grants a limited w
rran
,!:!~:+•I:?k~+ `. Owner who had a DURO•LAST ROOFING SYSTEM installed by an Authorized Dealer/Contractor subject
;~si~~},;~' ;, ; to the conditions and Ilmltations contained herein. / ,: ~
. >' ~'
t~';i ~~M
'{
'
^ ,
~ DURO•LAST, INC.'a obligation during the 1st through the 15th years shall be to repair'any leak ~in the
`
'~
' ~ roof caused by any defect In the DURO•LAST, INC. membrane materials or accessories or by the workmanship
•#f~.°''
~
~~
~~~` ~ of the Authorized Dealer/Contractor. This obligation Includes the repair or replacement of membrane material
,
.
•= and accessories and the cost of or furnishing of labor to repair said roof at the contractor list price which
.,_(~, . ~ la in effect at the time of repair, provided the following conditions are met: ~! ;
' '" ' <`'~~ ~ 1. DURO•LAST, INC. has authorized the repair, and.
~~~~4~U'' ~; ~ 2. An Authorized Dealer/Contractor makes the repair.
+~~~'~•~"'~'~~
.::
~ ~ LIMITATIONS
.
}(F
~•~i~~ll~, dr
~1{.. t . «' ~ ~ }
, 1. The Owner or his/her authorized agent shall notify the corporate headquarters of DURO•LAST, INC.
~;-~~~'~{
~ ; In writing within 30 days of the discovery of any leak. ~ f r
`'a
~ ~ 2. This warranty does not apply to a roofing system on a porch, sun deck, garage, storage shed or single
f r
i
• family residence of Less than 1,000 square feet.
;
.
=~r;•~~
~ 3. DURO•LAST, INC. shall in no Instance be held Ilable io'r any damages whatever arising from causes
ry ==3'~
'~ ` not fully within Its control, Including among other such causes:
`
#~~~~}}
~•'' (a) Damage caused by fire, lightning, hurricanes, gales, `hall, tornadoes, floods, and earthquakes; or
is«~;+~;, (b) Damage caused by intentional acts, negligence, failure of Owner to use reasonable care, accidents,
i~~t~~h„• ~;, (nctuding, but not Ilmited to, acts by Owner or third party, riots or vandalism; or
t,'=:~~~,~; ; (c) Damage caused by any unauthorized modlficatidn to said roof Including, but not Ilmited to, damage
~tx%;-,.~{ ' caused by unauthorized components used in Installation or repair, or by additional equipment or
~'
~.~,,. structures added to or made a art of said roof or :dams a caused b chemicals not normal)
P 9 Y Y
~ '
$
-_
-- ~• •~~
h. ~ found in nature; or
(d) Moisture entering the roof systerrl trough walls, copings, structural detects, or any part of the
,-
---:>:-4
yt- ' building structure, including from adjacent buildings.
y
'C~t~ ~,„` «~ ~ (e) This limited warranty specificaliy•'dotls not extend to the color of DURO•LAST ROOFING SYSTEM
installation. ~, ~ ' .
• :;
€#j
' ,
; 4. DURO•LAST, INC. is not Ilable under this warranty finless:
}
,;
„~f
~1~3:`_ ; (a) Owner compiles with the tertns acid Ilmltations of this limited warranty and acknowledges that
a
!Q'$f ' ~ hislher failure to do so releases bURO•LAST, INC. from an Ilabilit and
~~~• . (b) Owner allows DURO•I.AST, INC.'a agents. or Authorized OealerlContractor access to said roof; and
$c~,! (c) Owner has paid Authorized OealeNContractor in full for said roof and DURO•LAST, INC. has been paid In full.
Sea.
~~~_,~,,
i 5. This Ilmited warranty can be assigned with the written permission of DURO•LAST, INC.
_'''"~~
i~ ~' s's uil
{ ' 8. This limited warranty•is valid only with the written acceptance caused by the Owner's signature on
~~~~?~ .„
.1 ; this limited warranty. ! ~ --.. ,
~
i:k-)~~;+:"~ gf (his •limited warranty shall be considered that their form, execution, and validity
; 7. Ail Interpretations
~~ •1 wll
(~~ ,,; thereof shall be controlled by the laws of the State of Michigan.
t••i=='fs`~i,
t 8. DURO•LAST, INC. does qot waive any rights under this limited warranty if it does not enforce the Ilmltations.
.
:{s?~~:
~ ~.
No warranties, express ~r Implied, representations, promises or oral statements have been made by any
~s~i' ! representative of DURO•LASTI INC., and Owner is not to rely on same unless endorsed hereon In writing.
~~•..
,1,~• Oral .representations cannot be relied upon as correctly stating the representation of DURO•LAST, INC.
,
,
7~y
Ij 'Zi~~NI I
ii yy I
A . ~
'f~~
~ ~. ~,.-.-..may
LAST
® INC
URO
~,
~
.
i
?.N ,
-
.
.+
D
~+~~11~
r
it
s=~~m
a
,_~{;..'~ I
' •,•
DATE .!~ BY
'•
+~ ~'~' I
!~;[}It
~ ;!i ~~~. -~,
;~~ ~ Customer's Signature Customer's Address
Name and Address of Building (if different from above.
':IM.S
~-
ssti.„!:.
~ ~'
DL 1'5.00 Fev. Blpl ^+•
~ ,N,`?'
i ~;::
p ,f„ ! ii ~ A ~i .
„ n%
ram.
...r .: ... ...~{
GENE~2AL SPECIFICATIONS
INSTRUCTIONS TO BIDDERS. All bids must be regular in every
respect and no interlineations, excisions or special conditions
shall be made or included in the Bid Form by the Bidder.
b. Bid Documents including the Bid, the Bid Guaranty,
the Non-Collusion Affidavit and the Statement of Bidder's
Qualifications (if requested) shall be enclosed in envelopes
(outer and inner), both of which shall be sealed and clearly
labeled with the words "Bid Documents", project number, name of
Bidder, and date and time of bid opening in order to guard against
premature opening of the Bid.
c. The Local Public Agency may consider as irregular
any Bid on which there is an alteration of or departure from the
Bid Form hereto attached and at its option may reject the same.
d. If the Contract is awarded, it will be awarded by
the Local Public Agency to a responsible Bidder on the basis of
the lowest Bid and the selected Alternative Bid items, if any.
The Contract will require the completion of the work according to
the Contract Documents.
e. Each Bidder shall include in his Bid the following
information:
Principals
Names
Social Security Numbers
Home Addresses, including City,
State and Zip Code
Firm
Name
Treasury Number
Address
City, State & Zip Code
1 . B I D GI.tAF~~ANTY .
a. The Bid must be accompanied by a Bid guaranty which
shall not be less than ten percent (1096) of the amount of the Bid.
At the option of the Bidder, the guaranty may be a certified
check, bank draft, negotiable U.S. Government Bonds (at par
value), or a bid bond in the form attached. The bid bond shall be
secured by a guaranty or a surety company listed in the latest
issue of U.S. Treasury Circular 570. The amount of such Bid bond
shall be within the maximum amount specified for such company in
said Circular 570;. No Bid will be considered unless it is
accompanied by the required guaranty. Certified check or bank
draft must be made payable to the order of the City of Canton,
Illinois. Cash deposits will not be accepted. The bid guaranty
shall include the execution of the Agreement and the performance
of the bidder in completing the project.
2. INSPECTIQV OF SITE.
Each Bidder should visit the site of the proposed work
and fully acquaint himself with the existing conditions there
relating to construction and labor, and should fully inform
himself as to the facilities involved, the difficulties and
restrictions attending the performance of the Contract. The
Bidder should thoroughly examine and familiarize himself with the
Drawings, Technical Specifications, and all other Contract
Documents. The Contractor by the execution of the Contract shall
in no way be relieved of any obligation under it due to his
failure to receive or examine any form or legal instrument or to
visit the site and acquaint himself with the conditions there
existing and the Local Public Agency will be justified in
rejecting any claim based on facts regarding which he should have
been on notice as a result thereof.
3. UNIT PRICES.
The unit price for each of the several items in the
proposal of each Bidder shall include its prorata share of
overhead so that the sum of the products obtained by multiplying
the quantity shanm for each item by the unit price bid represents
the total Bid. Any Bid not conforming to this requirement may be
rejected as informal. The special attention of all Bidders is
called to this provision, for should conditions make it necessary
to review the quantities, no limit will be fixed for such
increased or decreased quantities nor extra compensation allo•;red,
provided the net monetary value of all such additive and
subtractive changes in quantities of such items of work (i.e.,
difference in cost) shall not increase or decrease the original
Contract price by more than twenty-five percent (25~~), except for
work not covered in the Drawings and Technical Specifications as
provided for in Section 11 hereof.
4 . AWARD OF CCIVTRACT ; REJECTION OF B IDS .
a. It is the intent that the Contract will be awarded
to the responsible Bidder submitting the loarest Bid complying ~.vith
the conditions of the Invitation for Bids. The 3idder to whom the
award is made will be notified at the earliest possible date. The
Local Public Agency, however, reserves the right to reject any and
all Bids and to waive any informality in Bids received whenever
such rejection or vraiver is in its interest.
b. The Local Public Agency reserves the right to
consider as unqualified to do the work of general construction any
Bidder who does not habitually perform with his own forces the
major portions of the work involved in construction of the
improvements embraced in this Contract.
5. EXECUTION OF AGREEA/ENT: PERFORM~WCE AND PAYMENT BOND
a. Subsequent to the award and within ten (10) days
after the prescribed forms are presented for signature, the
successful Bidder shall execute and deliver to the Local Public
Agency an Agreement in the form included in the Contract Documents
in such number of copies as the Local Public Agency may required.
b. The failure of the successful Bidder to execute such
Agreement within ten days after the prescribed forms are presented
for signature, or within such extended period as the Locai Public
Agency may grant, based upon reasons determined sufficient by the
Local Public Agency, shall constitute a default, and the Local
Public Agency may either award the Contract to the next lowest
responsible Bidder or readvertise for Bids, and may charge against
the Bidder the difference between the amount of the bid and the
amount for which a Contract for the work is subsequently executed,
irrespective of whether the amount thus due exceeds the amount of
the bid bond. If a more favorable Bid is received by
readvertising the defaulting Bidder shall have no claim against
the Locai Public Agency for a refund.
6. WAGES AND SALARIES.
a. Attention of Bidders is particularly called to the
requirements concerning the payment of not less than the
prevailing wage and salary rates specified in the Contract
Documents and the conditions of employment with respect to certain
categories and classifications of employees.
b. The rates of pay set forth under GENERAL CONDITIONS,
PART II, are the minimums to be paid during the life of the
Contract. It is therefore the responsibility of Bidders to inform
themselves as to local tabor conditions, such as the length of
work day and work week, overtime compensation, health and welfare
contributions, labor supply and prospective changes or adjustments
of rates.
7 . EQUAL ENPLOYNEN'T OPPORTUNITY .
Attention of Bidders is particularly called to the
requirement for ensuring that employees and applicants for
employment are not discriminated against because of their race,
color, religion, sex or national origin.
8 . PARTIAL PAYtv'IENTS .
a. The Contractor-='shall prepare his requisition for
partial payment as of the last day of the month and submit it,
with the required number of copies, to the Engineer for his
approval. The amount of the payment due the Contractor shall be
determined by adding to the total value of ;vork completed to date,
the value of materials properly stored on the site and deducting
(1) ten percent (10°,0) of the total amount, to be retained until
final payment and (2) the amount of all previous payments. The
total value of work completed to date shall be based on the
estimated quantities of work completed and on the unit prices
contained in the Agreement. The value of materials properly
stored on the site shall be based upon the estimated quantities of
such materials and the invoice prices. Copies of all invoices
shall be available for inspection of the Engineer.
b. Monthly or partial payments made by the Local Public
Agency to the Contractor are moneys advanced for the purpose of
assisting the Contractor to expedite the work of the construction.
The Contractor shall be responsible for the care and protection of
all materials and work upon which payments have been made until
final acceptance of such vrork and materials by the Local Public
Agency. Such payments shall not constitute a ~roaiver of the right
of the Local Public Agency to require the fulfillment of all terms
of the Contract and the delivery of ail improvements embraced in
this Contract complete and satisfactory to the Local Public Agency
in all details.
The total value of work completed to date shall be
based upon the estimated quantities of work completed to date on
each item and the unit prices established in the COST BREAKDO."~'J
and adjusted in accordance with the value of ~•rork completed to
date on approved change orders.
9 . F I N4L PAYILENT
a. After final inspection and acceptance by the Local
Public Agency of all work under the Contract, the Contractor shall
prepare his requisition for final payment vrhich shall be based
upon the carefully measured or computed quantity of each item of
work at the applicable unit prices stipulated in the Agreement.
The total amount of the final payment due the Contractor under
this Contract shall be the amount computed as described above less
all previous payments. Final payment to the Contractor shall be
made subject to his furnishing the Local Public Agency with a
release in satisfactory form of afl claims against the Local
Public Agency arising under and by virtue of his Contract, other
than such claims, if any, as may be specifically excepted by the
Contractor from the operation of the release as provided under
Section 15 hereof.
b. The Local Public Agency, before paying the final
estimate, may require the Contractor to furnish releases or
receipts from all subcontractors having performed any v~ork and all
persons having supplied materials, equipment (installed on the
project) and services to the Contractor, if the Local Public
Agency deems the same necessary in order to protect its interest.
The Local Public Agency, however, may if it deems such action
advisable, make payment in part or in full to the Contractor
without requiring the furnishing of such releases or receipts and
any payments so made shall in no ~vay impair the obligations of any
surety or sureties furnished under this Contract.
10. ~~'Ill-IF-IOLD I fJ~a PAYi4'El~JTS.
The Local Public Agency may withhold from any payment
otheravise due the Contractor so much as may be necessary to
protect the Local Public Agency and if it so elects may also
withhold any amounts due from the Contractor to any subcontractors
or material dealers, for work performed or material furnished by
them. The foregoing provisions shall be construed solely for the
benefit of the Local Public Agency and will not require the Local
Public Agency to determine or adjust any claims or disputes
betvreen the Contractor and his subcontractors or material dealers,
or to withhold any moneys for their protection unless the Local
Public Agency elects to do so. The failure or refusal of the
Local Public Agency to withhold any moneys from the Contractor
shall in no way impair the obligations of any surety or sureties
under any bond or bonds furnished under this Contract.
11 . G-l4'~ES I N THE VtiOZi{.
a. The Local Public Agency may make changes in the
scope of the work required to be performed by the Contractor under
the Contract or making the Contract, and without relieving or
releasing the Contractor from any of his obligations under the
Contract or 'any guarantee given by him pursuant to the Contract
provisions, and without affecting the validity of the guaranty
bonds, and without relieving or releasing the surety or sureties
of said bonds. All such work shall be executed under the terms of
the original Contract unless it is expressly provided othe revise.
b. Except for the purpose of affording protection
against any emergency endangering health, life, limb or property,
the Contractor shall make no change in the materials used or in
the specified manner of constructing and/or installing the
improvements or supply additional labor, services or materials
beyond that actually required for the execution of the Contract,
unless in pursuance of a written order from the Local Public
Agency authorizing the Contractor to proceed vrith the change. No
claim for any adjustment in the Contract Price, will be valid
unless so ordered.
expense of the Contractor and the Contractor and his surety shall
be liable to the Local Public Agency for any excess cost
occasioned the Local Public Agency thereby, and in such event the
Local Public Agency may take possession of and utilize in
completing the work, such materials, appliances, and plant as may
be on the site of the work and necessary therefore.
b. Liquidated Damages for Delays.
If the work is not completed within the time stipulated
including any extensions of time for
excusable delays as herein provided, the Contractor shall pay to
the Local Public Agency as fixed, agreed, and liquidated damages
(it being impossible to determine the actual damaged occasioned by
the delay) for each calendar day of delay., until the work is
completed, the amount of $30.00.
c. Excusable Delays.
The right of the Contractor to proceed shall not be
terminated nor shall the Contractor be charged with liquidated
damages for any delays in the completion of the ~;rork due:
(1) To any acts of the Government, including controls
or restrictions upon or requisitioning of
materials, equipment, tools, or labor by reason of
war, National Defense, or any other national
emergency;
(2) To any acts of the Local Public Agency;
(3) To causes not reasonably foreseeable by the
parties to this Contract at the time of the
execution of the Contract which are beyond the
control and without the fault or negligence of
the Contractor, including, but not restricted
to, acts of God or of the public enemy, acts of
another Contractor in the performance of some
other Contract with the Local Public Agency,
fires, floods, epidemics, quarantine,
restrictions, strikes, freight embargos, and
weather of unusual severity such as hurricanes,
tornadoes, cyclones and other extreme weather
conditions; and
(4) To any delay of any subcontractor occasioned by
any of the causes specified in subparagraphs (1),
(2), and (3) of this paragraph "c".
Provided haNever, that the Contractor promptly notifies
the Local Public Agency within ten (10) days in writing of the
cause of the delay. Upon receipt of such notification the Local
Public Agency shall ascertain the facts and the cause and extent
of delay. If, upon the basis of the facts and the terms of this
12. CLAIMS FOR EXTRA COST.
a. If the Contractor claims that any instructions by
Drawings or otherwise involve extra cost or extension of time, he
shall, within ten days after the receipt of such instructions, and
in any event before proceeding to execute the work, submit his
protest thereto in writing to the Local Public Agency, stating
clearly and in detail the basis of his objections. No such claim
will be considered unless so made.
b. Claims for additional compensation for extra work,
due to alleged errors in ground elevations, contour lines, or
bench marks, will not be recognized unless accompanied by
certified survey data, made prior to the time the original ground
was disturbed, clearly showing that errors exist which resulted,
or would result, in handling more material, or performing more
work, that would be reasonably estimated from the Drawings and
maps issued.
c. Any
actual conditions
shall at once be
shall not proceed
instructions have
Agency.
discrepancies which may be discovered between
and those represented by the drawings and maps
reported to the Local Public Agency and work
except at the Contractor's risk, until written
been received by him from the Local Public
d. If, on the basis of
Local Public Agency determines that
Price and/or time is justifiable,
provided in Section 11 thereof.
the available evidence, the
an adjustment of the Contract
the procedure shall be as
13 . TERMINATION : DELAYS : ADD L 1 QU 1 DATED QAAA~L.;ES .
a. Right of the Local Public Agency to Terminate
Contract.
In the event that any of the provisions of this
Contract are violated by the Contractor, or by any of his
subcontractors, the Local Public Agency may serve written notice
upon the Contractor and the surety of its intention to terminate
the Contract, such notices to contain the reasons for such
intention to terminate the Contract, and unless within ten (10)
days after the serving of such notice upon the Contractor, such
violation or delay shall cease and satisfactory arrangement of
correction be made, the Contract shall, upon the expiration of
said ten (10) days, cease and terminate. In the event of any such
termination, the Local Public Agency shall immediately serve
notice thereof upon the surety and the Contractor and the surety
shall have the right to take over and perform the Contract;
provided, however, that if the surety does not commence
performance thereof within ten (10) days from the date of the
mailing to such surety of notice of termination, the Local Public
Agency may take over the work and prosecute the same to completion
by Contract or by force account for the account and at the
expense of the Contractor and the Contractor and his surety shall
be liable to the Local Public Agency for any excess cost
occasioned the Local Public Agency thereby, and in such event the
Local Public Agency may take possession of and utilize in
completing the work, such materials, appliances, and plant as may
be on the site of the work and necessary therefore.
b. Liquidated Damages for Delays.
If the work is not completed within the time stipulated
in Section hereof, including any extensions of time for
excusable delays as herein provided, the Contractor shall pay to
the Local Public Agency as fixed, agreed, and liquidated damages
(it being impossible to determine the actual damaged occasioned by
the delay) for each calendar day of delay,, until the work is
completed, the amount of $50.00.
c. Excusable Delays.
The right of the Contractor to proceed shall not be
terminated nor shall the Contractor be charged with liquidated
damages for any delays in the completion of the work due:
(1) To any acts of the Government, including controls
or restrictions upon or requisitioning of
materials, equipment, tools, or labor by reason of
war, National Defense, or any other national
emergency;
(2) To any acts of the Local Public Agency;
(3) To causes not reasonably foreseeable by the
parties to this Contract at the time of the
execution of the Contract which are beyond the
control and without the fault or negligence of
the Contractor, including, but not restricted
to, acts of God or of the public enemy, acts of
another Contractor in the performance of some
other Contract with the Local Public Agency,
fires, floods, epidemics, quarantine,
restrictions, strikes, freight embargos, and
weather of unusual severity such as hurricanes,
tornadoes, cyclones and other extreme weather
conditions; and
(4) To any delay of any subcontractor occasioned by
any of the causes specified in subparagraphs (1),
(2), and (3) of this paragraph "c".
Provided however, that the Contractor promptly notifies
the Local Public Agency within ten (10) days in writing of the
cause of the delay. Upon receipt of such notification the Local
Public Agency shall ascertain the facts and the cause and extent
of delay. If, upon the basis of the facts and the terms of this
Contract, the delay is properly excusable, the Local Public Agency
shall extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
14 . ASS i GNNENT OR NOIJAT I ON.
The Contractor shall not assign or transfer, whether by
an assigr~nent or novation, any of its rights, duties, benefits,
obligations, liabilities, or responsibilities under this Contract
without the written consent of the Local Public Agency; provided,
however, the assignments to banks, trust companies, or other
financial institutions may be made without the consent of the
Local Public Agency. No assignment or novation of this Contract
shall be valid unless the assignment or. novation expressly
provides that the assignment of any of the Contractor's rights or
benefits under the Contract is subject to a prior lien for labor
performed, services rendered, and materials, tools, and equipment
supplied for the performance of the work under this Contract in
favor of all persons, firms, or corporations rendering such labor
or services or supplying such materials, tools, or equipment.
15. DISPUTES.
a. All disputes arising under this Contract or its
interpretation except those disputes covered by FEDERAL
LABOR- STANaAFZDS PRDV I S 1 CNS under GD~E.FZAL OC(~D I T I ONS , PART I I
whether involving law or fact or both, or extra work, and ail
claims for alleged breach of Contract shall within ten (10) days
of commencement of the dispute be presented by the Contractor to
the Local Public Agency for decision. All papers pertaining to
claims shall be filed in quadruplicate. Such notice need not
detail the amount of the claim, but shall state the facts
surrounding the claim in sufficient detail to identify the claim,
together with its character and scope. In the meantime the
Contractor shall proceed with the work as directed. Any claim not
presented within the time limit specified in this paragraph shall
be deemed to have been waived, except that if the claim is of a
continuing character and notice of the claim is not given within
ten (10) days of its commencement, the claim will be considered
only for a period commencing ten (10) days prior to th receipt by
the Local Public Agency of notice thereof.
b. The Contractor shall submit in detail his claim and
his proof thereof. Each decision by the governing body of the
Local Public Agency will be in writing and will be mailed to the
Contractor by registered or certified mail, return receipt
requested, directed to his last known address.
c. If the Contractor does not agree with any decision
of the Local Public Agency, he shall in no case allow the dispute
to delay the work but shall notify the Local Public Agency
promptly that he is proceeding with the work under protest and he
may then except the matter in question from the final release.
16. CARE OF WORK.
a. The Contractor shall be responsible for all damages
to person or property that occur as a result of his fault or
negligence in connection with the prosecution of the work and
shall be responsible for the proper care and protection of all
materials delivered and work performed until completion and final
acceptance, whether or not the same has been covered in whole or
in part by payments made by the Local Public Agency.
b. The Contractor shall provide sufficient competent
watchmen, both day and night, including-Saturdays, Sundays, and
holidays, from the time the work is commenced until final
completion and acceptance.
c. In an emergency affecting the safety of life, limb
or property, including adjoining property, the Contractor,
without special instructions or authorization from the Local
Public Agency, is authorized to act at his discretion to prevent
such threatened loss or injury, and he shall so act. He shall
likewise act if instructed to do so by the Local Public Agency.
Any compensation claimed by the Contractor on account of such
emergency work will be determined by the Local Public Agency as
provided in Section 11 hereof.
d. The Contractor shall avoid damage as a result of his
operations to existing sidewalks, streets, curbs, pavements,
utilities (except those which are to be replaced or removed),
adjoining property, etc., and he shall at his own expense
completely repair any damage thereto caused by his operations.
e. The Contractor shall store up, brace, underpin,
secure, and protect as may be necessary, all foundations and other
parts of existing structures adjacent to, adjoining, and in the
vicinity of the site, which may be in any way affected by the
excavations or other operations connected with the construction of
the improvements embraced in this Contract. The Contractor shall
be responsible for the giving of any and all required notices to
any adjoining or adjacent property owner or other party before the
commencement of any work. The Contractor shall indemnify and save
harmless the Local Public Agency from any damages on account of
settlements or the loss of lateral support of adjoining property
and from all loss or expense and all damages for which the Local
Public Agency may become liable in consequence of such injury or
damage to adjoining and adjacent structures and their premises.
17. ACCIDEM PREVENTION.
a. No laborer or mechanic employed in the performance
of this Contract shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or
dangerous to his health or safety as determined under construction
safety and health standards promulgated by the Secretary of Labor.
b. The Contractor shall exercise proper precaution at
all times for the protection of persons and property and shall be
responsible for all damages to persons or property, either on or
off the site, which occur as a result of his prosecution of the
work. The safety provisions of applicable laws and building and
construction codes shall be observed and the Contractor shall take
or cause to be taken such additional safety and health measures as
the Local Public Agency may determine to-be reasonably necessary.
Machinery, equipment and all hazards shall be guarded in
accordance with the safety provisions of the "Manual of Accident
Prevention in Construction" published by the Associated General
Contractors of America, Inc., to the extent that such provisions
are not in conflict with applicable laws.
c. The Contractor shall maintain an accurate record of
all cases of death, occupational disease, or injury requiring
medical attention or causing loss of time from work, arising out
of and in the course of employment on work under the Contract.
The Contractor shall promptly furnish the Local Public Agency with
reports concerning these matters.
d. The Contractor shall indemnify and save harmless the
Local Public Agency from any claims for damages resulting from
property damage, personal injury and/or death suffered or alleged
to have been suffered by any person as a result of any work
conducted under this Contract.
1 S . 1 NS PELT' I CN.
a. All materials and workmanship shall be subject to
inspection, examination, or test by the Local Public Agency and
the Engineer at any and all times during manufacture or
construction and at any and all places where such manufacture or
construction is carried on. The Local Public Agency shall have
the right to reject defective material and workmanship or require
its correction. Unacceptable workmanship shall be satisfactorily
corrected. Rejected material shall be promptly segregated and
removed from the project area and replaced with material of
specified quality without charge therefore. If the Contractor
fails to proceed at once with the correction of rejected
workmanship or defective material, the Local Public Agency may by
contract or otherwise have the defects remedied or rejected
materials removed from the project area and charge the cost of the
same against any monies which may be due the Contractor, without
prejudice to any other rights or remedies of the Local Public
Agency.
b. The Contractor shall furnish promptly all materials
reasonably necessary for any tests which may be required. (See
Part II hereof). All tests by the Local Public Agency will be
performed in such manner as not to delay the work unnecessarily
and will be made in accordance with the provisions of the
Technical Specifications.
c. The Contractor shall notify the Local Public Agency
sufficiently in advance of backfilling or concealing any
facilities to permit proper inspection. If any facilities are
concealed without approval or consent of the Local Public Agency,
the Contractor shall uncover for inspection and recover such
facilities all at his otivn expense, when so requested by the Local
Public Agency.
d. Should it be considered necessary or advisable by
the Local Public Agency at any time before final acceptance of the
entire work to make an examination of work already completed by
uncovering the same, the Contractor shall on request promptly
furnish all necessary facilities, labor, and material. If such
work is found to be defective in any important or essential
respect, due to fault of the Contractor or hi.s subcontractors, the
Contractor shall defray all the expenses of such examination and
of satisfactory reconstruction. If, however, such work is found
to meet the requirements of the Contract, the actual cost of labor
and material necessarily involved in the examination and
replacement, plus 15 percent of such costs to cover
superintendence, general expenses and profit, shall be allowed the
Contractor and he shall, in addition, if completion of the work of
the entire Contractor has been delayed thereby, be granted a
suitable extension of time on account of the additional work
involved.
e. Inspection of materials and appurtenances to be
incorporated in the improvements embraced in this Contract may be
made at the place of production, manufacture or shipment, whenever
the quantity justifies it, and such inspection and acceptance,
unless otherwise stated in the Technical Specifications, shall be
final, except as regards (1) latent defects, (2) departures from
specific requirements of the Contract, (3) damage or loss in
transit, or (4) fraud or such gross mistakes as amount to fraud.
Subject to the requirements contained in the preceding sentence,
the inspection of material as a whole or in part will be made to
the project site.
f. Neither inspection, testing, approval nor
acceptance of the work in whole or in part, by the Local Public
Agency or its agents shall relieve the Contractor or his sureties
of full responsibility for materials furnished or work performed
not in strict accordance with the Contract.
19 . REV i EW BY LOCAL PURL i C AGENCY .
The Local Public Agency, its authorized
representatives and agents and the representative for the
secretary shall, at all times have access to and be permitted to
observe and review all work, materials, equipment, payrolls,
personnel records, employment conditions, material invoices, and
other relevant data and records pertaining to this Contract,
provided, however that all instructions and approval with respect
to the work will be given to the Contractor only by the Local
Public Agency through its authorized representatives or agents.
20. FIN4L INSPECTION.
a. When the improvements embraced in this Contract are
substantially completed, the Contractor shall notify the Local
Public Agency in writing that the work will be ready for final
inspection on a definite date which shall be stated in the notice.
The Notice will be given at least ten (10) days prior to the date
stated for final inspection, and bear the signed concurrence of
the representative of the Local Public Agency having charge of
inspection. If the Local Public Agency determines that the status
of the improvements is as represented, it will make the
arrangements necessary to have final inspection commenced on the
date stated in the notice, or as soon thereafter as is
practicable. The inspection party will. also include the
representatives of each department of the Local Government having
in charge improvements of like character when such improvements
are later to be accepted by the Local Government.
21. DEDUCTION FCR UVOORFZECTED WORK.
If the Local Public Agency deems it not expedient to
require the Contractor to correct work not done in accordance with
the Contract Documents, an equitable deduction from the contract
price will be made by agreement between the Contractor and the
Local Public agency and subject to settlement, in case of dispute,
as herein provided.
22. INSURANCE.
The Contractor shall not commence work under this
Contract until he has obtained all the insurance required under
this paragraph and such insurance has been approved by the Local
Public Agency, nor shall the Contractor allow any subcontractor to
commence work on his subcontract until the insurance required of
the subcontractor has been obtained and approved.
a. Compensation Insurance. The Contractor shall
procure and shall maintain during the life of this contract
Wbrkmen's Compensation Insurance as required by applicable state
or territorial law for all of his employees to be engaged in work
at the site of the project under this Contract and, in case of any
such work sublet, the Contractor shall require the subcontractor
similarly to provide 1orkmen's Compensation Insurance for ail of
the tatter's employees to be engaged in such work unless such
employees are covered by the protection afforded by the
Contractor's Workmen's Compensation Insurance. In case any class
of employees engaged in hazardous work on the project under this
contract is not protected under the Workmen's Compensation
Statute, the Contractor shall provide and shall cause each
subcontractor to provide adequate employer's liability insurance
for the protection of such of his employees as are not otherwise
protected.
b. Contractor's Public Liability and Property Damage
Insurance and Vehicle Liability I- nsurance. The
Contractor shall procure and shall maintain during the life of
this Contract Contractor's Public Liability Insurance,
Contractor's Property Damage Insurance and Vehicle Liability
Insurance in the amounts specified in the Special Conditions.
c. Subcontractor's Public Liability and Property
Damage Insurance and Vehicle Liability
Insurance. The Contractor shall require each of his
subcontractors to procure and to maintain during the life of his
subcontract, subcontractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance of the type in the
amounts specified in the Special Conditions specified in
subparagraph (b) hereof.
d. Scope of Insurance and S ecial Hazards. The
insurance required under subparagraphs fib) and c) hereof shall
provide adequate protection for the Contractor and his
subcontractors, respectively, against damage claims which may
arise from operation under this Contract, whether such operations
be by the insured or by anyone directly or indirectly employed by
him and, also against any of the special hazards which may be
encountered in the performance of this Contract as enumerated in
the Special Conditions.
e. Builder's Risk Insurance (Fire and Extended
Coverage. Until the project is completed and
accepted by the Local Public Agency, the Local Public Agency, or
Contractor (at the Local Public Agency's option as indicted in
the Special Conditions) is required to maintain Builder's Risk
Insurance (fire and extended coverage) on a 100 percent completed
value basis on the insurable portion of the project for the
benefit of the Local Public Agency, the Contractor, and
subcontractors as their interests may appear. The Contractor
shall not include any costs for Builder's Risk Insurance (fire and
extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however, this
provision shall not release the Contractor from his obligation to
complete, according to plans and specifications, the project
covered by the Contract, and the Contractor and his surety shall
be obligated to full performance of the Contractor's undertaking.
f. Proof of Carriage of Insurance. The Contractor
shall furnish the Local Public Agency with certificates showing
the type, amount, class of operations covered, effective dates and
date of expiration of policies. Such certificates shall also
contain substantially the tollowing statement: "The insurance
covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been
received by the Local Public Agency."
23. PATENTS.
The Contractor shall hold and save the Local Public
Agency, its officers, and employees, harmless from liability of
any nature or kind, including costs and expenses, for, or on
account of, any patented or unpatented invention, process,
article, or appliance manufactured or used in the performance of
the Contract,. specifically stipulated in the Technical
Specifications.
24. WARRANTY OF TITLE.
No material, supplies, or equipment to be installed or
furnished under this Contract shall be purchased subject to any
chattel mortgage or under a conditional sale, lease-purchase or
other agreement by which an interest therein or in any part
thereof is retained by the seller or supplier. The Contractor
shall warrant good title to all materials, supplies, and equipment
installed or incorporated in the work and upon completion of all
work, shall deliver the same together with alt improvements and
appurtenances constructed or placed thereon by him to the Local
Public Agency free from any claims, liens, or charges. Neither the
Contractor nor any person, firm, or corporation furnishing any
material or labor for any work covered by this Contract shall have
any right to a lien upon any improvement or appurtenance thereon.
Nothing contained in this paragraph, however, shall defeat or
impair the right of persons furnishing materials or labor to
recover under any bond given by the Contractor for their
protection or ay rights under any law permitting such persons to
look to funds due the Contractor in the hands of the Local Public
Agency. The provisions of this paragraph shall be inserted in all
subcontracts and material contracts and notice of its provisions
shall be given to ail persons furnishing materials for th work
when no formal contract is entered into for such materials.
25. GENERAL GI`1ARANTY.
Neither the final certificate of payment nor any
provision in the Contract nor partial or entire use of the
improvements embraced in this Contract by the Local Public Agency
or the public shall constitute an acceptance of work not done in
accordance with the Contract or relieve the Contractor of
liability in respect to any express warranties or responsibility
for faulty materials or workmanship. The Contractor shall
promptly remedy any defects in the work and pay for any damage to
other work resulting therefrom which shall appear within a period
of twelve (12) months from the date of final acceptance of the
work.
26 . CCNTFiA~('TOR' S AhD SUBO~NTRA~(`TOR' S PURL 1 C L 1 AB I L ! TY, VEHICLE
LIABILITY, Af~D PROPERTY [~AK'E I iVSURAPIC~.
As required under Section 22 of the General
conditions, the Contractor's Public Liability Insurance and
Vehicle Liability Insurance shall be an amount not less than
$500,000 for injuries, including accidental death, to any one
person, and subject to the same limit for each person, in an
amount not less than $500,000 on account of one accident, and
Contractor's Property Damage Insurance in an amount not less than
$200,000.
The Contractor shall either (1) required each of his
subcontractors to procure and to maintain during the life of his
subcontract, Subcontractor's Public Liability and Property Damage
of the type and in the same amounts as specified in the preceding
paragraph, or (2) insure the activities of his subcontractors in
his own policy.
CONPFtALT
THIS AC~ZEEMIIVT, made this 2 9th day of J u 1 Y 19 9 9, between the
City of Canton, Illinois, herein called "owner", and Holtha us
C o n s t r u c t i o n S e r v i c e s , a corporation, partnership, an indivi-
dual, (strike out inapplicable terms) doing business for the City of Canton,
F1~lton County, Illinois, herein called "Contractor".
WITNESSETH: That for and in consideration of the payments and agreements herein-
after mentioned, to be made and performed by the OWI~t, the OONrRACTOR hereby agrees
with the OWI~IER to caitmence and complete the construction described as:
r~1aterial and labor to re-roof the David tel. O'Brien
Public Safety Buildinn with a fifteen year total labor
and material warranty.
hereinafter called the "Project", for the sum of F i f ty f o u r t h o u s a n d,
three hundred thirty one and no/100 Dollars ($ 54,31.00 ),
and all extra work in connection therewith, under the terms as stated in the General
and Special Conditions of the Contract; and at his (its or their) own expense and
costs to furnish all the materials, supplies, machinery, equipment. tools, superin-
tendence, labor, insurance and other accessories and services necessary to coR~lete
the said project in accordance with the o~nditions and prices stated in the Proposal,
the General Conditions, and Special Conditions of the Contract, the plans, which
include all maps, plats, blue prints, and other drawings and printed or written
explanatory matter thereof, the specifications and contract doc,-~anents therefor as
prepared by the City Engineer, herein entitled the Architect/Engineer, and as
enumerated in the General Conditions, all of which are made a part hereof and collect-
ively evidence and constitute the contract.
The Contractor hereby agrees to oam<mence work under this contract on or before a date
to be specified in a written "Order to proceed" of the Owner and to fully ocx~lete
the project within consecutive calendar days thereafter. The Contractor
further agrees to pay, as liquidated damages, the sum of for each consecu-
tive calendar day thereafter as hereinafter provided in the General Conditions.
The Owner agrees to pay the Contractor in current funds for the performance of the
contract, subject to additions and deductions, as provided in the General Conditions
of the Contracts, and to make payments on account thereof as provided in section
"Payments to Contractor" of the General Conditions.
ORDER TO PROCEED
The Contractor agrees that cons ruction on the project shall, in any
event commence by
be completed by and shall substantially
SPECIAL COPJDITIONS
Payment shall be fifty percent payable at contract acceptance, with
balance due upon completion and inspection of the work as under the
General Specifications of .this contract.
IN WITl~ESS TnhiEFt~OF, the parties to these presents have executed this contract in
six countA~-„ts, each of which shall be de~red an original in the year and day
first above mentioned.
SEAT. City of Canton, Illinois
AZTEST: BY:
Mayor
City Clerk
Contractor
BY:
Street Address
City, State, Zip Code
BID FOR UNIT PRICE CONTRACTS
To City of Canton, 210 East Chestnut Street, Canton, IL 61520
(Hereinafter called "Owner").
Gentlemen:
Proposal of F. 01 t h a u s Construction S e r v i ~l~einafter called "Bidder"), a
corporation, organized and existing under the laws of the State of 7 ~ , a
partnership, of an individual doing business as H o l t h a u s C o n s t r u c t i o n
located at 121 Northridge Lane, Peoria , I L 61614
The Bidder, in compliance with your invitation for bids for a new roof on the David W.
O'Brien Public Safety Building and the Fire Department Engine Bay, having been informed
of the specifications, hereby proposes to fiunish all the materials, in accordance with the
contract documents, within the time set forth therein, and at the prices stated below.
These prices are to cover all expenses incurred in furnishing the item requested under the
contract documents of which this proposal is a part.
*Bidder acknowledges receipt of the following addendum:
Bidder agrees to furnish said item described for the following prices:
ITEM P1 a t e r i a l « Labor t o Total Price
~e-roof David L'!. 0' Bri en Safety B1 dg.
X54,331.00
New Roof On Public Safety Building Including the Fire Department Bay, including all
necessary repairs.
$ $54,331.00
Please attach your suggestions as to the proper repairs and proper method of repair
including all materials and labor.
The Bidder acknowledges that the City of Canton reserves the right to alter or amend bid
specifications without notices, to withdraw the bid specifications, to reject any or all bids,
and to waive any informalities in the bidding. The Bidder irrevocably waives any claim for
damages or out-of-pocket expenses caused by the City's alteration or amendment or
withdrawal of the bid specifications, or rejection of the bids.
Signature: Date: ~ / 12 / 9 9
CERTiPiCAT101~OF $10DEA REGAAOING EflL1AL EMPLOYMi3VT'OPPORTUNITY
. - iNSn+ucno~s
This aercftiation is requiszd pur:uaat to Etecutive Order 11:46 (30 F. R. IG19-ZS). Ths impiemeatia=
rules znd re;tdztions provide that ziry bidder or prospectivs oaatrtctor. or zay of their proposed subcoa-
teacto:s. shall stzta ss zo initial part o! the bid or ne=otiatioas o! the eaatrset whether it has partcpated is
arry previous connaci or subcoaasct subject to the equal oppoRi:airy ciauss: gad. it so. whether it has filed
all compliance repoRS due under appliabie iast:uctioas.
When the certification indicates that the bidder has not filed z compiiaaa repoR due under aQ~ppiiable ia-
structions. such bidder shall be required to submit z ~mpliaaea report within seven aiendar Sys after bid
ope~t;, YO Contract S1i311 be awarded uNess such RpOR is submitted.
CfAT1!<iGAT10N BY S100ER
N/WE ANO I10DREZS OF ilOOER /fwanuN ~ ~prl
1. SidCer ns oai~ooaeee .n a pernaas eonvaet a ulbeonvses sooner m e+e Eoual Oaoorau+R1- Gauge.
G Y~ G Ne
2 t:on+aia<+o veers r.ae nouine ao be Aleal in esx+neeaon ^n41 suCS asnaaa or sobeenaratz
G Y• G Ne
l Sutler vas A1aa u1 eon+aiane: moors aue unaer aalaie~ae hsosxaa+..
G Ya G No G None geouus0
i, New You Mr al~w+ or sra YOU Dnnq a~nfsOefeO fer 1anC7on Our ass wolailoal of Esaaitlw Croat l iZab, ae aRanoeol
Yes G Ne
N~YE ANO TITL OF SIGSIER IIS~ mw+,
SiGAII-TtIRE a'TE
I
Rw~s sen~ r.u01Z3a.q•1. wrM~ a Qsrws
AYi~fH.l 11 l•a1
VI-27
To: Connie Westhafer
From: Linda Caudle
Phone: 647-1288
Date: 6/8/99
Re: Display Ad
Please run a small, boxed display ad on June 17, 1999, June 23, 1999 and July 2, 1999.
Send proof of ad along with bill. THANI{S
The City of Canton will accept separate, sealed bids for a new roof on the David W.
O'Brien Public Safety Building. Bids and proposals must be received by 5:00 p.m. July
13, 1999 in the City Clerk's Office, 210 East Chestnut Street. Bids will be opened at the
City Council Clerical Committee Meeting July 13, 1999 at 6:30 p.m The City has the
right to reject any and all bids. For bidding information contact George Spahn, City
Building, 309/647-5022. Nancy Whites, City Clerk
~~ No. d hpM
HOLTHAUS CONSTRUCTION SERVICES
won eee~e:e
,n E ~ w.
-eoau~, ~ e~a~~ao~e
~ City of Canton
210 East Chestnut
Canton, Illinois 61520•.
Attn: Mr. George Spahn
PROPOSAL
pH~ Danz
July 12, 1999
,ioe wur+E i ~ocatioN
Public Safety Building
First ~ Spruce Streets
.w~ aos none
honbq ot~ntrt op~ol~laaons ana o~omrano ra:
Material and labor to reroof Public Safety Building:
• Overlay and mechanically attach Amocor Protection Board to existing
roof construction.
~, Mechanically attach .040" thick DURO-LAST roof membrane to existing
roof construction.
Remove existing sheet metal parapet wall caps, numbered and stored.
Install DURO-LAST factory fabricated parapet wall fleshings, encapsulating
the top of the wall.
Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes,
fan curbs, roof top tinits,pitch pans roof drain boots, etc.
Reinstall existing sheet metal parapet wall caps. •
Install eighteen (18) walkway pads (30" x 60") at roof top units.
Note ~1: Repair and/or replacement of deteriorated substrate material is not
included in this proposal.
Note #2: A fifteen year total labor and material warranty will be issued upon
completion of the work. A sample copy is enclosed for your reference.
We appreciate the opportunity to make this presentation. Thank you.
We Proposs Mnby to /wntih m.aral and Ubor • eomplsto In oocord~nco with rho obovo opocNlcaUom, for tho sum ot:
Fifty four thousand, three hundred thirty one and 00/100 ~•It54,331.00 t•
/MA~w M rnoM o foMMa
Fifty percent payable at contract acceptance with balance due upon completion
of the work.
Af nrM+M w Nrratrlood b M • w•eMl.e. all wah b bo 1n ~ warturwnlAn mr+rinor
~eear~ b oUndorA pn~atbM. am ~horollen or dovloYen honr Novo ~ bvalvbp • i
!M OOwt 1M~ b1 ~R~Olll~d ~ Y00f1 WIMM1 Ordol~. Md r~ tN100fM M Petri ChNafa ovN /urlhori:td
end Nor ttw rMln»M. A~ aPoornortts upon otrikw, oeeWw~ a dNayo bo~ond S~pne+tun
our ooreoel.llepoety erMn- b Mrry M. r~oind arbor noeonory Nwurorao. Our workon
uo Ary osvorotl by YMaMnrMt'o Corn/wrotbn tnwonoo. ~ ~opo~ ~ ~N ~ i
30
Accetsncs of Proposal .Th..~. ar+~••.•a•~nt:.don.
and ~n NtlrhObfy ttnd M. honby oaoopad. Vtw tare •tithotisod mom
b do rN war M p~eMMd. P~htnrtt wltl bo rtMd~ M twlNrtod bow.
I
OMO d Aaaoplreeo: ~gr~tun i
HOLTHAUB CONSTRUCTION 8ERVICE3
poq eo!•eofe
1!1 E NORTfNiIDOQ W.
~a+u~ ~ !fe»•eof!
r0 City of Canton
210 East Chestnut
Canton, I~linoia 61520•,
Attn: Mr. George Spahn
PROPOSAL
(f~IfoNE I a-~
I July 12, 1999
Joe NAME ~ torJ-T~oN
Public Safety Building
First & Spruce Streets
JOE NUMEEII
Jos PHONE
• ~EbY fllbrtdl p~Mlortlens and MtlnNtN fora
Material and labor to reroof Public Safety Building:
• Overlay and mechanically attach Amocor Protection Board to existing
roof construction.
~, Mechanically attach .040" thick DURO-LAST roof membrane to existing
roof construction.
Remove existing sheet metal parapet wall caps, numbered and stored.
Install DURO-LAST factoty fabricated parapet wall fleshings, encapsulating
the top of the wall.
Install DURO-LAST factory fabricated fleshings at heat vents, soil pipes,
fan curbs, roof top dinits,pitch pans roof drain boots, etc.
Reinstall existing sheet metal parapet wall caps. •
Install eighteen (18) walkway pads (30" x 60") at roof top units
Note ~1: Repair and/or replacement of deteriorated substrate material is not
included in this proposal.
Note ~2: A fifteen year total labor and material warranty will be issued upon
completion of the work. A sample copy is enclosed for your reference. •
We appreciate the opportunity to make this presentation. Thank you.
We Propose fwnby to tun,ah mohrlN .nd I.tior • eompNto In Accord~nco with tho ~hov. sp.cmcation,, for the sum of:
Fifty four thousand, three hundred thirty one and 0O/100dw~•n54,331.00 f•
PtN~w~t tir M rw,M N ftMwn
Fifty percent payable at contract acceptance , with balance due upon completion
of the work.
M rnNNM M NwraMMd b M ~ ~eMMd. AN wort b b eonM~d In ~ wortm~nllk~ nnrinw
reeer«r~ b ~undud pMOraR Anp dMntien a dMNbn ffo,n ~bovr ~p~CElatloiM Inw~p AuMrorl:~d
~ ealr wIE a Maeubd a* War wrMar arias, aid wIM t»oan~ ~n ~xtr~ ehaa~ wa
od sbev~ MN ssrnrM. AE gnMna~ amlNpaN Won stritss, sssldaAS or dNsYS aYa+d
M sontesl. Plopsrp ewrnr b Nrry Ers, tomsde u+d olhs- nsssssay trursnos. Our wakes
M A/r a~ N YYdrlrrn~Y Oerwpansllan tuurMiss. Nots: PraPaM~ ~p~ ~n drM•
30
Accncs of Proposal •,~,..for. p.ia~, W.oificaion.
ab ~ NlNhebrr aid an honby alcWbd. you m wthori~d ~~
b do IIN Miorlt M EpEtiMfEd. PMnatt wIN b~ m~d~ w outNnal bow.
•
Osls dAeesplus~:
~ j~~.~µ~?
. -~
{~~-
~_ ~ U R ©-
15 Yea r
.
_
.
r,
C,'~.s
~~sg1>, •
# Roofing, Inc.
~ 525 Morley Drive Warranty
~~F~~
~
'
±"' ' Saginaw, MI 48601
~~~~~~~'~ ~'~ DURO•LAST, INC., the sole owner of the Trademark DURO•LAST, grants a limited w6rranly to the building
;i~:+:+~~1~<`. Owner who had a DURO-LAST ROOFING SYSTEM installed by an Authorized Dealer/Contractor subject
{l€i~~j ;'.n ! to the conditlons and limitations contained herein. ~' /'` `a , ? ~~
zzzf=~ ~ DURO•LAST, INC.'s obligation during the 1st through the 15th years shall be to repalr any leak 1n the
~"~'{'~' ~ ~ roof caused by any defect in the DURO•LAST, INC. membrane materials or accessories or by the workmanship
•~~'`°' ! of the Authorized DealerlContractor. This obligation includes the repair or replacement of membrane material
'_~__}== ~ and accessories and the cost of or furnishing of labor to repair said roof at the contractor list price which
~
•( ~~,
~
' Is In effect at the time of repair, provided the following conditlons are met: ?! ,
'za..
is:
:
• ....
T'
f1
~
I 1. DURO•LAST, INC. has authorized the repair; and,
~
~~ }
` , 2. An Authorized DealerlContractor makes the repair.
{~~~±
~ ~K~^'~ LIMITATIONS '
t
tt~~l~l)b~ ". ~ 1. The Owner or his/her authorized agent shall notify the corporate Fibadquarters of DURO•LAST, INC.
`~
~
p in writing within 30 days of the discovery of any leak. ~. , +
~
#s`I{
~ i
2. This warranty does not apply to a roofing system on a porch, sun deck, garage, storage shed or single
il
resid
f l
u
f
~ f
th
1
000
t
?
;~
r, y
are
am
ence o
ess
an
,
sq
ee
.
,~
~
'~'c,,:~
' 3. DURO•LAST, INC. shall in no Instance be held liable toy any damages whatever arising from causes
, zz#°_z_~
~'s''~'
~~~~~
. not fully within its control, including among other such causes: ~
gales,°hall, tornadoes, floods, and earthquakes; or
(a) Damage caused by fire, lightning
hurricanes
,,
•,
's:«:;„y~;;;; ,
,
~ (b) Damage caused by Intentional acts, negligence, failure of Owner to use reasonable care, accidents,
~f`~t~~f ~ ~;,
' ; including, but not limited to, acts by Owner or third party, riots or vandalism; or
:~ ~'::'
: ""
~
+ ~ ' (c) Damage caused by any unauthorized modification to said roof including, but not limited to, damage
e
i
~.+.~, ,. ~ caused by unauthorized components used In installation or repalr, or by additional equipment or
s~f,.,,.: structures added to or made a part of said roof, or ,damage caused by chemicals not normally
~f;'~~
h i found in nature; or
(d) Moisture entering the roof system trough walls, copings, structural defects, or any part of the
:
,rz.3z:x~! ' building structure, including from adjacent buildings.
=jtj ii ~ 1
~ ! (e) This Ilmited warranty specifically~do~ not extend to the color of DURO•LAST ROOFING SYSTEM
~ /` ''°• -~, ~ ' .
Installation.
Fs '~a;
,t~~~,'1 t
'i ~
,
~
4. DURO•LAST, INC. is not liable under this warranty unless:
~
,
' (a) Owner complies with the terhls Arid Ilml(ations of this limited warranty and acknowledges that
_
'= _~~~
•
~ i hislher failure to do so releases bURb•LAST, INC. from any liability; and
~~
'
~ • (b) Owner allows DURO•LAST, INC.'s agents _or Authorized DealerlContractor access to said roof; and
~
;•riia ! (c) Owner has paid Authorized Dealer/Contractorin full for said roof and DURO•LAST, INC. has been paid in full.
__:,
l~'
,
i 5. This limited warranty can be assigned with the written permission of DURO•LAST, INC.
;
~{
' °^ 8. This limited warranty•is valid only with the written acceptance caused by the Owner's signature on
;`~~ ~'~ ~ ""
! this limited warranty. !~ '~- --. ,
.:„
~.u:~~~~~;%` ' 7. All Interpretations~of )his ~Iimited warranty shall be considered that their form, execution, and validity
( ~ +. J,r
'~~~ ~;,:' w~ I thereof shell be controlled
bq the laws of the State of Michigan.
,~:n,z?s~,~ ~
~ 8. DURO•LAST, INC. does ~
of 1*ivalve any rights under this Ilmited warranty if it does not enforce the limitations.
;;~~~;, y
~ No warranties, express Or Implied, representations, promises or oral statements have been made by any
:~f>~
; representative of DURO•LAS1'`t INC., and Owner is not to rely on same unless endorsed hereon In writing.
" '" ' Oral representations cannot be relied upon as correctly stating the representation of DURO•LAST, INC.
:f~~~
t1
~~ ~ ~
''~ yam" ~M,
®
({
.
,,•
(f
,, ~
DURO•LAST,
INC.
j
£
~~j'
~ F
,
°
I
.~ "'
•
~?'~{r DATE ,•~
BY
`sgffir~,,
i~g}+n•
y=
~ t y~ Customer's Signature Customer's Address
t`~`"~'~:' DL 18.00 Rev. 8191
Name and Address of Building (if different from atx)ve-.
a~~i.
r ~ t _ ,
1 1 i - ~ ~
+ir1 - ~ f 1\ ~ /Ii ' '.. IN, /Ill 7 ~~~\ -. rr ~ ' .. .. IH `..... ,
nr + n i u~ /~ n r , r i .n ~ nn~ i~, n a~ ,,,, n ~ „ ' „ r u~
..~.fiir, ~~~ l/l.',~ , n ...,.. ..:.'-!..~ ~...,{ ~!!'i . ... ~. ~~, .. "r„U Nh lllx~.~~ rr rn, P In n
GENERAL SPEC I F I C4T I ONS
INSTRUCTIONS TO BIDDERS. All bids must be regular in every
respect and no interlineations, excisions or special conditions
shall be made or included in the Bid Form by the Bidder.
b. Bid Documents including the Bid, the Bid Guaranty,
the Non-Collusion Affidavit and the Statement of Bidder's
Qualifications (if requested) shall be enclosed in envelopes
(outer and inner), both of which shall be sealed and clearly
labeled with the words "Bid Documents", project number, name of
Bidder, and date and time of bid opening in order to guard against
premature opening of the Bid.
c. The Local Public Agency may consider as irregular
any Bid on which there is an alteration of or departure from the
Bid Form hereto attached and at its option may reject the same.
d. If the Contract is awarded, it will be awarded by
the Local Public Agency to a responsible Bidder on the basis of
the lowest Bid and the selected Alternative Bid items, if any.
The Contract will require the completion of the work according to
the Contract Documents.
e. Each Bidder shall include in his Bid the following
information:
Principals
Names
Social Security Nursers
Home Addresses, including City,
State and Zip Code
Firm
Name
Treasury Number
Address
City, State & Zip Code
1 . B I D GUARANTY .
a. The Bid must be accompanied by a Bid guaranty which
shall not be less than ten percent (1090) of the amount of the Bid.
At the option of the Bidder, the guaranty may be a certified
check, bank draft, negotiable U.S. Government Bonds (at par
value), or a bid bond in the form attached. The bid bond shall be
secured by a guaranty or a surety company listed in the latest
issue of U.S. Treasury Circular 570. The amount of such Bid bond
shall be within the maximum amount specified for such company in
said Circular 570;. No Bid will be considered unless it is
accompanied by the required guaranty. Certified check or bank
draft must be made payable to the order of the City of Canton,
Illinois. Cash deposits tivill not be accepted. The bid guaranty
shall include the execution of the Agreement and the performance
of the bidder in completing the project.
2 . I NS PELT I OiV OF S I TE .
Each Bidder should visit the site of the proposed work
and fully acquaint himself with the existing conditions there
relating to construction and labor, and should fully inform
himself as to the facilities involved, the difficulties and
restrictions attending the performance of the Contract. The
Bidder should thoroughly examine and familiarize himself with the
Drawings, Technical Specifications, and all other Contract
Documents. The Contractor by the execution of the Contract shall
in no way be relieved of any obligation under it due to his
failure to receive or examine any form or legal instrument or to
visit .the site and acquaint himself with the conditions there
existing and the Local Public Agency will be justified in
rejecting any claim based on facts regarding which he should have
been on notice as a result thereof.
3. UNIT PRICES.
The unit price for each of the several items in the
proposal of each Bidder shall include its prorata share of
overhead so that the sum of the products obtained by multiplying
the quantity sha~rn for each item by the unit price bid represents
the total Bid. Any Bid not conforming to this requirement may be
rejected as informal. The special attention of all Bidders is
called to this provision, for should conditions make it necessary
to review the quantities, no limit will be fixed for such
increased or decreased quantities nor extra compensation allrnved,
provided the net monetary value of all such additive and
subtractive changes in quantities of such items of vrork (i.e.,
difference in cost) shall not increase or decrease the original
Contract price by more than twenty-five percent (25F;o), except for
work not covered in the Drawings and Technical Specifications as
provided for in Section 11 hereof.
4 . AV'JARD OF CONTRACT ; REJECTION OF 6 I DS .
a. It is the intent that the Contract will be awarded
to the responsible Bidder submitting the barest Bid complying ~.vith
the conditions of the Invitation for Bids. The 3idder to whom the
award is made will be notified at the earliest possible date. The
Local Public Agency, ho4vever, reserves the right to reject any and
all Bids and to waive any informality in Bids received whenever
such rejection or vraiver is in its interest.
b. The Local Public Agency reserves the right to
consider as unqualified to do the work of general construction any
Bidder who does not habitually perform with his own forces the
major portions of the work involved in construction of the
improvements embraced in this Contract.
5. EXECUTION OF AGREE1vENT: PERFORNhNCE AND PAYMENT BOLD
a. Subsequent to the award and within ten (10) days
after the prescribed forms are presented for signature, the
successful Bidder shall execute and deliver to the Local Public
Agency an Agreement in the form included in the Contract Documents
in such number of copies as the Local Public Agency may required.
b. The failure of the successful Bidder to execute such
Agreement within ten days after the prescribed forms are presented
for signature, or within such extended period as the Local Public
Agency may grant, based upon reasons determined sufficient by the
Local Public Agency, shall constitute a default, and the Local
Public Agency may either award the Contract to the next lowest
responsible Bidder or readvertise for Bids, and may charge against
the Bidder the difference between the amount of the bid and the
amount for which a Contract for the work is subsequently executed,
irrespective of whether the amount thus due exceeds the amount of
the bid bond. If a more favorable Bid is received by
readvertising the defaulting Bidder shall have no claim against
the Local Public Agency for a refund.
6. WAGES AND SALARIES.
a. Attention of Bidders is particularly called to the
requirements concerning the payment of not less than the
prevailing wage and salary rates specified in the Contract
Documents and the conditions of employment with respect to certain
categories and classifications of employees.
b. The rates of pay set forth under GENERAL OOI~DITIONS,
PART II, are the minimums to be paid during the life of the
Contract. It is therefore the responsibility of Bidders to inform
themselves as to local labor conditions, such as the length of
work day and work week, overtime compensation, health and welfare
contributions, labor supply and prospective changes or adjustments
of rates.
7 . EQlb4L EMPLOYMENT OPPORTUNITY.
Attention of Bidders is particularly called to the
requirement for ensuring that employees and applicants for
employment are not discriminated against because of their race,
color, religion, sex or national origin.
8 . PARTIAL PAYPJ~NTS .
a. The Contractor-'shall prepare his requisition for
partial payment as of the last day of the month and submit it,
with the required number of copies, to the Engineer for his
approval. The amount of the payment due the Contractor shall be
determined by adding to the total value of ~;vork completed to date,
the value of materials properly stored on the site and deducting
(1) ten percent (10°,0) of the total amount, to be retained until
final payment and (2) the amount of all previous payrents. The
total value of work completed to date shall be based on the
estimated quantities of work completed and on the unit prices
contained in the Agreement. The value of materials properly
stored on the site shall be based upon the estimated quantities of
such materials and the invoice prices. Copies of all invoices
shall be available for inspection of the Engineer.
b. Monthly or partial payments made by the Local Public
Agency to the Contractor are moneys advanced for the purpose of
assisting the Contractor to expedite the work of the construction.
The Contractor shall be responsible for the care and protection of
all materials and work upon which payments have been made until
final acceptance of such vrork and materials by the Local Public
Agency. Such payments shall not constitute a ~nraiver of the right
of the Local Public Agency to require the fulfillment of all terms
of the Contract and the delivery of all improvements embraced in
this Contract complete and satisfactory to the Local Public Agency
in all details.
The total value of work completed to date shall be
based upon the estimated quantities of work completed to date on
each item and the unit prices established in the COST BREAKDO."vN
and adjusted in accordance with the value of ~rork completed to
date on approved change orders.
9 . F I N4L PAYIbENT
a. After final inspection and acceptance by the Local
Public Agency of all work under the Contract, the Contractor shall
prepare his requisition for final payment vrhich shall be based
upon the carefully measured or computed quantity of each item of
work at the applicable unit prices stipulated in the Agreement.
The total amount of the final payment due the Contractor under
this Contract shall be the amount computed as described above less
all previous payments. Final payment to the Contractor shall be
made subject to his furnishing the Local Public Agency vrith a
release in satisfactory form of all claims against the Local
Public Agency arising under and by virtue of his Contract, other
than such claims, if any, as may be specifically excepted by the
Contractor from the operation of the release as provided under
Section 15 hereof.
b. The Local Public Agency, before paying the final
estimate, may require the Contractor to furnish releases or
receipts from all subcontractors having performed any vrork and all
persons having supplied materials, equipment (installed on the
project) and services to the Contractor, if the Local Public
Agency deems the same necessary in order to protect its interest.
The Local Public Agency, however, may if it deems such action
advisable, make payment in part or in full to the Contractor
without requiring the furnishing of such releases or receipts and
any payments so made shall in no way impair the obligations of any
surety or sureties furnished under this Contract.
10 . V! I ll-II-bLD I f J~a PAYi4'EPJT S .
The Local Public Agency may withhold from any payment
otheravise due the Contractor so much as may be necessary to
protect the Local Public Agency and if it so elects may also
withhold any amounts due from the Contractor to any subcontractors
or material dealers, for work performed or material furnished by
them. The foregoing provisions shall be construed solely for the
benefit of the Local Public Agency and will not require the Local
Public Agency to determine or adjust any claims or disputes
between the Contractor and his subcontractors or material dealers,
or to withhold any moneys for their protection unless the Local
Public Agency elects to do so. The failure or refusal of the
Local Public Agency to withhold any moneys from the Contractor
shall in no way impair the obligations of any surety or sureties
under any bond or bonds furnished under this Contract.
1 1 . Cti4'~ES I N THE
a. The Local Public Agency may make changes in the
scope of the work required to be performed by the Contractor under
the Contract or making the Contract, and without relieving or
releasing the Contractor from any of his obligations under the
Contract or 'any guarantee given by him pursuant to the Contract
provisions, and without affecting the validity of the guaranty
bonds, and without relieving or releasing the surety or sureties
of said bonds. All such work shall be executed under the terms of
the original Contract unless it is expressly provided othe revise.
b. Except for the purpose of affording protection
against any emergency endangering health, life, limb or property,
the Contractor shall make no change in the materials used or in
the specified manner of constructing and/or installing the
improvements or supply additional labor, services or materials
beyond that actually required for the execution of the Contract,
unless in pursuance of a written order from the Local Public
Agency authorizing the Contractor to proceed vrith the change. No
claim for any adjustment in the Contract Price, will be valid
unless so ordered.
expense of the Contractor and the Contractor and his surety shall
be liable to the Local Public Agency for any excess cost
occasioned the Local Public Agency thereby, and in such event the
Local Public Agency may take possession of and utilize in
completing the work, such materials, appliances, and plant as may
be on the site of the work and necessary therefore.
b. Liquidated Damages for Delays.
If the work is not completed within the time stipulated
including any extensions of time for
excusable delays as herein provided, the Contractor shall pay to
the Local Public Agency as fixed, agreed, and liquidated damages
(it being impossible to determine the actual darnaged occasioned by
the delay) for each calendar day of delay, until the work is
completed, the amount of $30.00.
c. Excusable Delays.
The right of the Contractor to proceed shall not be
terminated nor shall the Contractor be charged with liquidated
damages for any delays in the completion of the work due:
(1) To any acts of the Government, including controls
or restrictions upon or requisitioning of
materials, equipment, tools, or labor by reason of
war, National Defense, or any other national
emergency;
(2) To any acts of the Local Public Agency;
(3) To causes not reasonably foreseeable by the
parties to this Contract at the time of the
execution of the Contract which are beyond the
control and without the fault or negligence of
the Contractor, including, but not restricted
to, acts of God or of the public enemy, acts of
another Contractor in the performance of some
other Contract with the Local Public Agency,
fires, floods, epidemics, quarantine,
restrictions, strikes, freight embargos, and
weather of unusual severity such as hurricanes,
tornadoes, cyclones and other extreme weather
conditions; and
(4) To any delay of any subcontractor occasioned by
any of the causes specified in subparagraphs (1),
(2), and (3) of this paragraph "c".
Provided haNever, that the Contractor promptly notifies
the Local Public Agency within ten (10) days in vrritiny of the
cause of the delay. Upon receipt of such notification the Local
Public Agency shall ascertain the facts and the cause and extent
of delay. If, upon the basis of the facts and the terms of this
12. CLAIN6 FOR EXTRA COST.
a. If the Contractor claims that any instructions by
Drawings or otherwise involve extra cost or extension of time, he
shall, within ten days after the receipt of such instructions, and
in any event before proceeding to execute the work, submit his
protest thereto in writing to the Local Public Agency, stating
clearly and in detail the basis of his objections. No such claim
will be considered unless so made.
b. Claims for additional compensation for extra work,
due to alleged errors in ground elevations, contour lines, or
bench marks, will not be recognized unless accompanied by
certified survey data, made prior to the time the original ground
was disturbed, clearly showing that errors exist which resulted,
or would result, in handling more material, or performing more
work, that would be reasonably estimated from the Drawings and
maps issued.
c. Any discrepancies which may be discovered between
actual conditions and those represented by the drawings and maps
shall at once be reported to the Local Public Agency and work
shall not proceed except at the Contractor's risk, until written
instructions have been received by him from the Local Public
Agency.
d. If, on the basis of the available evidence, the
Local Public Agency determines that an adjustment of the Contract
Price and/or time is justifiable, the procedure shall be as
provided in Section 11 thereof.
13 . TERMINATION : DELAYS : AND L 1 QU I [SATED LII~AAoC'ES .
a. Right of the Local Public Agency to Terminate
Contract.
In the event that any of the provisions of this
Contract are violated by the Contractor, or by any of his
subcontractors, the Local Public Agency may serve written notice
upon the Contractor and the surety of its intention to terminate
the Contract, such notices to contain the reasons for such
intention to terminate the Contract, and unless within ten (10)
days after the serving of such notice upon the Contractor, such
violation or delay shall cease and satisfactory arrangement of
correction be made, the Contract shall, upon the expiration of
said ten (10) days, cease and terminate. In the event of any such
termination, the Local Public Agency shall immediately serve
notice thereof upon the surety and the Contractor and the surety
shall have the right to take over and perform the Contract;
provided, however, that if the surety does not commence
performance thereof within ten (10) days from the date of the
mailing to such surety of notice of termination, the Local Public
Agency may take over the work and prosecute the same to completion
by Contract or by force account for the account and at the
expense of the Contractor and the Contractor and his surety shall
be liable to the Local Public Agency for any excess cost
occasioned the Local Public Agency thereby, and in such event the
Local Public Agency may take possession of and utilize in
corr~leting the work, such materials, appliances, and plant as may
be on the site of the work and necessary therefore.
b. Liquidated Damages for Delays.
If the work is not completed within the time stipulated
in Section hereof, including any extensions of time for
excusable delays as herein provided, the Contractor shall pay to
the Local Public Agency as fixed, agreed, and liquidated damages
(it being impossible to determine the actual damaged occasioned by
the delay) for each calendar day of delay; until the work is
completed, the amount of $50.00.
c. Excusable Delays.
The right of the Contractor to proceed shall not be
terminated nor shall the Contractor be charged with liquidated
damages for any delays in the completion of the work due:
(1) To any acts of the Government, including controls
or restrictions upon or requisitioning of
materials, equipment, tools, or labor by reason of
war, National Defense, or any other national
emergency;
(2) To any acts of the Local Public Agency;
(3) To causes not reasonably foreseeable by the
parties to this Contract at the time of the
execution of the Contract which are beyond the
control and without the fault or negligence of
the Contractor, including, but not restricted
to, acts of God or of the public enemy, acts of
another Contractor in the performance of some
other Contract with the Local Public Agency,
fires, floods, epidemics, quarantine,
restrictions, strikes, freight embargos, and
weather of unusual severity such as hurricanes,
tornadoes, cyclones and other extreme weather
conditions; and
(4) To any delay of any subcontractor occasioned by
any of the causes specified in subparagraphs (1),
(2), and (3) of this paragraph "c".
Provided however, that the Contractor promptly notifies
the Local Public Agency within ten (10) days in writing of the
cause of the delay. Upon receipt of such notification the Local
Public Agency shall ascertain the facts and the cause and extent
of delay. If, upon the basis of the facts and the terms of this
Contract, the delay is properly excusable, the Local Public Agency
shall extend the time for completing the work for a period of time
commensurate with the period of excusable delay.
14 . ASS I C~VVENT OR NO'VAT I ON.
The Contractor shall not assign or transfer, whether by
an assignment or novation, any of its rights, duties, benefits,
obligations, liabilities, or responsibilities under this Contract
without the written consent of the Local Public Agency; provided,
however, the assignments to banks, trust companies, or other
financial institutions may be made without the consent of the
Local Public Agency. No assignment or novation of this Contract
shall be valid unless the assignment or. novation expressly
provides that the assignment of any of the Contractor's rights or
benefits under the Contract is subject to a prior lien for labor
performed, services rendered, and materials, tools, and equipment
supplied for the performance of the work under this Contract in
favor of all persons, firms, or corporations rendering such labor
or services or supplying such materials, tools, or equipment.
15. DISPUTES.
a. All disputes arising under this Contract or its
interpretation except those disputes covered by FEDERAL
LABOR- STAWARDS PRpV I S I OIVS u nde r GEt~E]~AL CCl\D I T I CNS , PART I I
whether involving law or fact or both, or extra work, and all
claims for alleged breach of Contract shall within ten (10) days
of commencement of the dispute be presented by the Contractor to
the Local Public Agency for decision. All papers pertaining to
claims shall be filed in quadruplicate. Such notice need not
detail the amount of the claim, but shall state the facts
surrounding the claim in sufficient detail to identify the claim,
together with its character and scope. In the meantime the
Contractor shall proceed with the work as directed. Any claim not
presented within the time limit specified in this paragraph shall
be deemed to have been waived, except that if the claim is of a
continuing character and notice of the claim is not given within
ten (10) days of its commencement, the claim will be considered
only for a period commencing ten (10) days prior to th receipt by
the Local Public Agency of notice thereof.
b. The Contractor shall submit in detail his claim and
his proof thereof. Each decision by the governing body of the
Local Public Agency will be in writing and will be mailed to the
Contractor by registered or certified mail, return receipt
requested, directed to his last known address.
c. If the Contractor does not agree with any decision
of the Local Public Agency, he shall in no case allow the dispute
to delay the work but shall notify the Local Public Agency
prcxmptly that he is proceeding with the work under protest and he
may then except the matter in question from the final release.
16. CARE OF WORK.
a. The Contractor shall be responsible for all damages
to person or property that occur as a result of his fault or
negligence in connection with the prosecution of the work and
shall be responsible for the proper care and protection of all
materials delivered and work performed until completion and final
acceptance, whether or not the same has been covered in whole or
in part by payments made by the Local Public Agency.
b. The Contractor shall provide sufficient competent
watchmen, both day and night, including Saturdays, Sundays, and
holidays, from the time the work is commenced until final
completion and acceptance.
c. In an emergency affecting the safety of life, limb
or property, including adjoining property, the Contractor,
without special instructions or authorization from the Local
Public Agency, is authorized to act at his discretion to prevent
such threatened loss or injury, and he shall so act. He shall
likewise act if instructed to do so by the Local Public Agency.
Any compensation claimed by the Contractor on account of such
emergency work will be determined by the Local Public Agency as
provided in Section 11 hereof.
d. The Contractor shall avoid damage as a result of his
operations to existing sidewalks, streets, curbs, pavements,
utilities (except those which are to be replaced or removed),
adjoining property, etc., and he shall at his own expense
completely repair any damage thereto caused by his operations.
e. The Contractor shall store up, brace, underpin,
secure, and protect as may be necessary, all foundations and other
parts of existing structures adjacent to, adjoining, and in the
vicinity of the site, which may be in any way affected by the
excavations or other operations connected with the construction of
the improvements embraced in this Contract. The Contractor shall
be responsible for the giving of any and all required notices to
any adjoining or adjacent property owner or other party before the
commencement of any work. The Contractor shall indemnify and save
harmless the Local Public Agency from any damages on account of
settlements or the loss of lateral support of adjoining property
and from all loss or expense and all damages for which the Local
Public Agency may become liable in consequence of such injury or
damage to adjoining and adjacent structures and their premises.
17. ACCIDENT PREVENTION.
a. No laborer or mechanic employed in the performance
of this Contract shall be required to work in surroundings or
under working conditions which are unsanitary, hazardous, or
dangerous to his health or safety as determined under construction
safety and health standards promulgated by the Secretary of Labor.
b. The Contractor shall exercise proper precaution at
all times for the protection of persons and property and shall be
responsible for all damages to persons or property, either on or
off the site, which occur as a result of his prosecution of the
work. The safety provisions of applicable laws and building and
construction codes shall be observed and the Contractor shall take
or cause to be taken such additional safety and health measures as
the Local Public Agency may determine to be reasonably necessary.
Machinery, equipment and ail hazards shall be guarded in
accordance with the safety provisions of the "Manual of Accident
Prevention in Construction" published by the Associated General
Contractors of America, Inc., to the extent that such provisions
are not in conflict with applicable laws.
c. The Contractor shall maintain an accurate record of
all cases of death, occupational disease, or injury requiring
medical attention or causing loss of time from work, arising out
of and in the course of employment on work under the Contract.
The Contractor shall promptly furnish the Local Public Agency with
reports concerning these matters.
d. The Contractor shall indemnify and save harmless the
Local Public Agency from any claims for damages resulting from
property damage, personal injury and/or death suffered or alleged
to have been suffered by any person as a result of any work
conducted under this Contract.
18. INSPECTION.
a. All materials and workmanship shall be subject to
inspection, examination, or test by the Local Public Agency and
the Engineer at any and all times during manufacture or
construction and at any and all places where such manufacture or
construction is carried on. The Local Public Agency shall have
the right to reject defective material and workmanship or require
its correction. Unacceptable workmanship shall be satisfactorily
corrected. Rejected material shall be promptly segregated and
removed from the project area and replaced with material of
specified quality without charge therefore. If the Contractor
fails to proceed at once with the correction of rejected
workmanship or defective material, the Local Public Agency may by
contract or otherwise have the defects remedied or rejected
materials removed from the project area and charge the cost of the
same against any monies which may be due the Contractor, without
prejudice to any other rights or remedies of the Local Public
Agency.
b. The Contractor shall furnish promptly all materials
reasonably necessary for any tests which may be required. (See
Part II hereof). All tests by the Local Public Agency will be
performed in such manner as not to delay the work unnecessarily
and will be made in accordance with the provisions of the
Technical Specifications.
c. The Contractor shall notify the Local Public Agency
sufficiently in advance of backfilling or concealing any
facilities to permit proper inspection. If any facilities are
concealed without approval or consent of the Local Public Agency,
the Contractor shall uncover for inspection and recover such
facilities all at his otivn expense, when so requested by the Local
Public Agency.
d. Should it be considered necessary or advisable by
the Local Public Agency at any time before final acceptance of the
entire work to make an examination of work already completed by
uncovering the same, the Contractor shall on request promptly
furnish all necessary facilities, labor, and material. If such
work is found to be defective in any important or essential
respect, due to fault of the Contractor or hid subcontractors, the
Contractor shall defray all the expenses of such examination and
of satisfactory reconstruction. If, however, such work is found
to meet the requirements of the Contract, the actual cost of labor
and material necessarily involved in the examination and
replacement, plus 15 percent of such costs to cover
superintendence, general expenses and profit, shall be allowed the
Contractor and he shall, in addition, if completion of the work of
the entire Contractor has been delayed thereby, be granted a
suitable extension of time on account of the additional work
involved.
e. Inspection of materials and appurtenances to be
incorporated in the improvements embraced in this Contract may be
made at the place of production, manufacture or shipment, whenever
the quantity justifies it, and such inspection and acceptance,
unless otherwise stated in the Technical Specifications, shall be
final, except as regards (1) latent defects, (2) departures from
specific requirements of the Contract, (3) damage or loss in
transit, or (4) fraud or such gross mistakes as amount to fraud.
Subject to the requirements contained in the preceding sentence,
the inspection of material as a whole or in part will be made to
the project site.
f. Neither inspection, testing, approval nor
acceptance of the work in whole or in part, by the Local Public
Agency or its agents shall relieve the Contractor or his sureties
of full responsibility for materials furnished or work performed
not in strict accordance with the Contract.
19. REVIEW BY LOCAL PUBLIC AGENCY.
The Local Public Agency, its authorized
representatives and agents and the representative for the
secretary shall, at all times have access to and be permitted to
observe and review all work, materials, equipment, payrolls,
personnel records, employment conditions, material invoices, and
other relevant data and records pertaining to this Contract,
provided, however that all instructions and approval with respect
to the work will be given to the Contractor only by the Local
Public Agency through its authorized representatives or agents.
20. FIN4L INSPECTION.
a. When the improvements embraced in this Contract are
substantially completed, the Contractor shall notify the Local
Public Agency in writing that the work will be ready for final
inspection on a definite date which shall be stated in the notice.
The Notice will be given at least ten (10) days prior to the date
stated for final inspection, and bear the signed concurrence of
the representative of the Local Public Agency having charge of
inspection. If the Local Public Agency determines that the status
of the improvements is as represented, it will make the
arrangements necessary to have final inspection commenced on the
date stated in the notice, or as soon thereafter as is
practicable. The inspection party will. also include the
representatives of each department of the Local Government having
in charge improvements of like character when such improvements
are later to be accepted by the Locai Government.
21. DEDUC,'T i CN FOR tAVOpRFZEGTED WORK.
If the Locai Public Agency deems it not expedient to
require the Contractor to correct work not done in accordance with
the Contract Documents, an equitable deduction from the contract
price will be made by agreement between the Contractor and the
Local Public agency and subject to settlement, in case of dispute,
as herein provided.
22. i NSIJ~WCE.
The Contractor shall not comr~ence work under this
Contract until he has obtained all the insurance required under
this paragraph and such insurance has been approved by the Local
Public Agency, nor shall the Contractor allow any subcontractor to
commence work on his subcontract until the insurance required of
the subcontractor has been obtained and approved.
a. Compensation Insurance. The Contractor shall
procure and shall maintain during the life of this contract
Workmen's Compensation Insurance as required by applicable state
or territorial law for all of his employees to be engaged in work
at the site of the project under this Contract and, in case of any
such work sublet, the Contractor shall require the subcontractor
similarly to provide Workmen's Compensation Insurance for ail of
the tatter's employees to be engaged in such work unless such
employees are covered by the protection afforded by the
Contractor's Workmen s Compensation Insurance. In case any class
of employees engaged in hazardous work on the project under this
contract is not protected under the Workmen's Compensation
Statute, the Contractor shall provide and shall cause each
subcontractor to provide adequate employer's liability insurance
for the protection of such of his employees as are not otherwise
protected.
b. Contractor's Public Liability and Property Damage
Insurance and Vehicl ilitY Insurance. The
Contractor shall re and shall maintain during the life of
this Contract Contractor's Public Liability Insurance,
Contractor's Property Damage Insurance and Vehicle Liability
Insurance in the amounts specified in the Special Conditions.
c. Subcontractor's Public Liability and Property
Damage Insurance and Vehicle Liability
Insurance. The Contractor shall require each of his
subcontractors to procure and to maintain during the life of his
subcontract, subcontractor's Public Liability and Property Damage
Insurance and Vehicle Liability Insurance of the type in the
amounts specified in the Special Conditions specified in
subparagraph (b) hereof.
d. Scope of Insurance and S eciai Hazards. The
insurance required under subparagraph~b) and c) hereof shall
provide adequate protection for the Contractor and his
subcontractors, respectively, against damage claims which may
arise from operation under this Contract, whether such operations
be by the insured or by anyone directly or indirectly employed by
him and, also against any of the special hazards which may be
encountered in the performance of this Contract as enumerated in
the Special Conditions.
e. Builder's Risk Insurance (Fire and Extended
Coverage. Until the project is completed and
accepted by the Local Public Agency, the Local Public Agency, or
Contractor (at the Local Public Agency's option as indicted in
the Special Conditions) is required to maintain Builder's Risk
Insurance (fire and extended coverage) on a 100 percent completed
value basis on the insurable portion of the project for the
benefit of the Local Public Agency, the Contractor, and
subcontractors as their interests may appear. The Contractor
shall not include any costs for Builder's Risk Insurance (fire and
extended coverage) premiums during construction unless the
Contractor is required to provide such insurance; however, this
provision shall not release the Contractor from his obligation to
complete, according to plans and specifications, the project
covered by the Contract, and the Contractor and his surety shall
be obligated to full performance of the Contractor's undertaking.
f. Proof of Carriage of Insurance. The Contractor
shall furnish the Local Public Agency with certificates showing
the type, amount, class of operations covered, effective dates and
date of expiration of policies. Such certificates shall also
contain substantially the following statement: "The insurance
covered by this certificate will not be cancelled or materially
altered, except after ten (10) days written notice has been
received by the Local Public Agency."
23. PATENTS.
The Contractor shall hold and save the Local Public
Agency, its officers, and employees, harmless from liability of
any nature or kind, including costs and expenses, for, or on
account of, any patented or unpatented invention, process,
article, or appliance manufactured or used in the performance of
the Contract,. specifically stipulated in the Technical
Specifications.
24 . VIfARRANTY OF T I TLE .
No material, supplies, or equipment to be installed or
furnished under this Contract shall be purchased subject to any
chattel mortgage or under a conditional sale, lease-purchase or
other agreement by which an interest therein or in any part
thereof is retained by the seller or supplier. The Contractor
shall warrant good title to ail materials, supplies, and equipment
installed or incorporated in the work and upon completion of all
work, shall- deliver the same together with all improvements and
appurtenances constructed or placed thereon by him to the Local
Public Agency free from any claims, liens, or charges. Neither the
Contractor nor any person, firm, or corporation furnishing any
material or labor for any work covered by this Contract shall have
any right to a lien upon any improvement or appurtenance thereon.
Nothing contained in this paragraph, however, shall defeat or
impair the right of persons furnishing materials or labor to
recover under any bond given by the Contractor for their
protection or ay rights under any law permitting such persons to
look to funds due the Contractor in the hands of the Local Public
Agency. The provisions of this paragraph shall be inserted in all
subcontracts and material contracts and notice of its provisions
shall be given to all persons furnishing materials for th work
when no formal contract is entered into for such materials.
25. GENERAL Gl1ARANTY.
Neither the final certificate of payment nor any
provision in the Contract nor partial or entire use of the
improvements embraced in this Contract by the Local Public Agency
or the public shall constitute an acceptance of work not done in
accordance with the Contract or relieve the Contractor of
liability in respect to any express warranties or responsibility
for faulty materials or workmanship. The Contractor shall
promptly remedy any defects in the work and pay for any damage to
other work resulting therefrom which shall appear within a period
of twelve (12) months from the date of final acceptance of the
work.
26 . OCt~ff"RA~CTOR' S APD SUBCOnITRA(.`TOR' S PURL I C L I AB I L ! TY, VEHICLE
LIABILITY, AJ~D PROPERTY QAM~GE INSURANCE.
As required under Section 22 of the General
conditions, the Contractor's Public Liability Insurance and
Vehicle Liability Insurance shall be an amount not less than
$500,000 for injuries, including accidental death, to any one
person, and subject to the same limit for each person, in an
amount not less than $500,000 on account of one accident, and
Contractor's Property Damage Insurance in an amount not less than
$200,000.
The Contractor shall either (1) required each of his
subcontractors to procure and to maintain during the life of his
subcontract, Subcontractor's Public Liability and Property Damage
of the type and in the same amounts as specified in the preceding
paragraph, or (2) insure the activities of his subcontractors in
his own policy.