ADVERTISEMENT, PROPOSAL, CONTRACT DOCUMENTS, GENERAL CONDITIONS and SPECIFICATIONS FOR

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1 ADVERTISEMENT, PROPOSAL, CONTRACT DOCUMENTS, GENERAL CONDITIONS and SPECIFICATIONS FOR SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL LINE OWNER: THE CITY OF TROY, ALABAMA APRIL, 2017 PREPARED BY WATKINS CONSULTING ENGINEERING, Inc. 100 INDUSTRIAL BLVD, SUITE 108 TROY, ALABAMA F:\Buck\COT UNIVERSITY SANITARY SEWER SPECIFICATIONS i

2 Contents NOTICE TO CONTRACTORS... 1 INSTRUCTIONS TO BIDDERS RECEIPT AND OPENING OF BIDS PREPARATION OF BID QUALIFICATIONS OF BIDDER BID SECURITY TIME OF COMPLETION AND LIQUIDATED DAMAGES CONDITIONS OF WORK ADDENDA AND INTERPRETATION SECURITY FOR FAITHFUL PERFORMANCE POWER OF ATTORNEY LAWS AND REGULATIONS OBLIGATION OF BIDDER QUANTITIES ACCIDENT PREVENTIVE MEASURES AWARD OF CONTRACT RIGHT OF WAY DRUG FREE WORKPLACE... 5 BID PROPOSAL... 6 CONTRACT... 9 PAYMENT BOND BID BOND FORM NOTICE OF AWARD NOTICE TO PROCEED ACCEPTANCE OF NOTICE CHANGE ORDER GENERAL CONDITIONS CONTRACT AND CONTRACT DOCUMENTS DEFINITIONS MATERIALS, SERVICE AND FACILITIES CONTRACTOR S TITLE TO MATERIALS INSPECTION AND TESTING OF MATERIALS OR EQUAL CLAUSE SURVEYS, PERMITS AND REGULATIONS CONTRACTOR S OBLIGATIONS WEATHER CONDITIONS PROTECTION AND RESTORATION OF PROPERTY RESPONSIBILITY FOR DAMAGE CLAIMS INDEMNITY AND INSURANCE CONTRACTOR S RESPONSIBILITY FOR WORK PERSONAL LIABILITY OF PUBLIC OFFICIALS INSPECTION REPORTS, RECORDS AND DATE SUPERINTENDENCE BY CONTRACTOR EXTRAS TIME FOR COMPLETION AND LIQUIDATED DAMAGES CORRECTION OF WORK CLAIMS FOR EXTRA COSTS RIGHT OF THE OWNER TO TERMINATE CONTRACT CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES PAYMENTS TO CONTRACTOR ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE CONTRACT SECURITY ADDITIONAL OR SUBSTITUTE BOND ASSIGNMENTS ii

3 31. MUTUAL RESPONSIBILITY OF CONTRACTORS SEPARATE CONTRACT SUBCONTRACTING ENGINEER S AUTHORITY USE OF PREMISES AND REMOVAL OF DEBRIS QUANTITIES OF ESTIMATE GENERAL GUARANTY CONFLICTING CONDITIONS NOTICE AND SERVICE THEREOF PROVISIONS REQUIRED BY LAW DEEMED INSERTED WAGE RATES PAYMENT OF EMPLOYEES WAGE UNDERPAYMENTS AND ADJUSTMENTS - N/A NO DISCRIMINATION IN EMPLOYMENT INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS OR RESIDENT COMMISSIONER OTHER PROHIBITED INTEREST COOPERATION OF THE CONTRACTOR ACCEPTANCE AND FINAL PAYMENT SAFETY OBLIGATIONS OF CONTRACTOR THE CITY OF TROY UTILITIES STANDARD SPECIFICATIONS Section 1 General and Administrative Scope Work Included Inspection of The Work Contractor Credentials Engineers Certificate of Engineering Design and Construction E NGINEE R S CERTI FICAT E O F ENGINEERING DESIGN AND CONSTRUCTION Regulatory Requirements As-Built Drawings Burden of Testing Amendments Layout Abbreviations Section 2 Inspection and Handling of Materials Material Inspection Handling Pipe and Accessories Section 3 Trenching and Installation Preparation for Underground Construction Trenching Stability of Excavations Backfilling Section 4 Pipe Materials and Appurtenances Water Piping Valve Boxes Positive Displacement Meters Underground Pipe Markers Mechanical Joint Restraint Flange Adapter Accessories Preparation Bedding Installation Pipe Thrust Restraint Backfilling Section 5 Cutting and Replacement of Existing Pavements Section 6 Replacement of Concrete Driveways and Sidewalks iii

4 Section 7 Installation of Steel Casing by Boring and Jacking Section 8 Fire Hydrants Qualifications Delivery, Storage and Handling Environmental Requirements Fire Hydrants Preparation Installation Section 9 Valves Qualifications Delivery, Storage and Handling Environmental Requirements Tapping Sleeves and Valves Resilient Wedge Gate Valves Valve Boxes Preparation Installation Section 10 Backflow Preventers Reference Standards Service Application General Design Considerations Delivery, Storage and Handling of Backflow Devices Installation Enclosures Testing Section 11 Service Connections Cross-Linked Polyethylene Pipe (PEX) Corporation Stop Assembly Curb Stop Assembly Meter Box Water Meters Backflow Preventers Cutoff Valve Preparation Installation Corporation Stop Assembly Bedding Installation Pipe and Fittings Installation Curb Stop Assembly Installation Water Meters Installation Backflow Preventers Service Reconnections Section 12 Cross Connection and Backflow Prevention Section 13 Leakage and Pressure Testing Section 14 Disinfection Disinfection Procedure Laboratory Field Quality Control Disinfection Chemicals Bacteriological Report Section 15 Final Completion and Acceptance Section 16 Warranty Section 17 Water Infrastructure Ownership Applicability Private and Public Service Piping Addressing Water Service Disruptions Standard Water System Details SECTION iv

5 Description Materials Construction Requirements (a) CONSTRUCTION SEQUENCE (b) SEED MIXES FOR THE ESTABLISHMENT OF PERMANENT VEGETATION (c) INSPECTION (d) PREPARATION AND PLANTING IN SOFT SOIL (e) PREPARATION AND PLANTING IN ROCKY OR HARDPAN AREAS (f) PREPARATION AND PLANTING ON STEEP SLOPES (2H:1V or STEEPER) (g) SEEDING IN STUBBLE (h) ESTABLISHMENT AND ACCEPTANCE (i) MOWING Method of Measurement (a) SEEDING (b) MOWING Basis of Payment (a) UNIT PRICE COVERAGE (b) PAYMENT WILL BE MADE UNDER ITEM NO.: SECTION Description Materials Construction Requirements (a) MULCHING OPERATIONS (b) RATE OF MULCH APPLICATION (c) EQUIPMENT Method of Measurement Basis of Payment (a) UNIT PRICE COVERAGE (b) PAYMENT WILL BE MADE UNDER ITEM NO.: (a) PURE SEEDINGS (b) SEED MIXES DESIGNATED FOR AREAS OF FREQUENT MOWING (c) PLANTING ZONES (d) SEED MIXES Mulching Material (a) DRY BLOWN MULCH (b) HYDRAULIC MULCH PRODUCTS Grassy Mulch Material (a) GENERAL (b) HARVESTING AND HANDLING GRASSY MULCH Fertilizer (a) GENERAL (b) MANURE (c) MANUFACTURED FERTILIZERS (d) AGRICULTURAL LIMESTONE (e) BASIC SLAG Water v

6 Advertisement for Bids City of Troy, Alabama Owner NOTICE TO CONTRACTORS Separate sealed bids for SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL will be received by The City of Troy, Alabama at Troy City Hall located at 301 Charles Meeks Avenue, Troy, Alabama until 2 o'clock P.M. CDST, May 2nd, 2017, at which time said bids will be opened and publicly read aloud. The Project consists of the following major components: ITEM NO Description Quantity Unit 1 CLEARING & GRUBBING 1 L.S. 2 8" SDR 26 PVC SANITARY SEWER LINE 1312 L.F. 4' DIAMETER PRE-CAST CONCRETE 4 EACH 3 MANHOLES 4' DIAMETER PRE-CAST CONCRETE 1 EACH 4 DOGHOUSE MANHOLE 4" SANITARY SEWER SERVICE CONNECT 118 L.F. 5 (FROM BLDG ON SOCCER FIELD) 6 4" CLEANOUT 1 EACH 4" SERVICE CONNECTS FROM 25 EACH 7 BUILDINGS 8 ROADWAY CUT AND REPAIR 1 L.S. 9 SILT FENCE 1157 L.F. 10 REMOVE SILT FENCE 1157 L.F. 11 TRAFFIC CONTROL 1 L.S. 12 GRAVEL TO REPAIR DRIVES 1 13 REPAIR SIDEWALK 1 L.S. 14 REPAIR CURB 1 L.S. REMOVE AND RE-SET CHAIN LINK 1 L.S. 15 FENCE 16 Ground prep, fert /lime/seed/mulch 1 L.S. 17 REPAIR STORM DRAIN 1 ALLOWANCE 18 CONSTRUCTION ENTRANCE/EXIT PAD 1 EACH EROSION CONTROL IMPLEMENTATION 1 L.S. 19 AND MAINTENANCE Various associated work items for project complete. 1

7 The Information for Bidders, Form of Bid, Form of Contract, Specifications, and Form of Bid Bond, Performance and Payment Bonds and other Contract documents may be obtained from Watkins Consulting Engineering at 100 Industrial Boulevard, Suite 108, Troy, Alabama 36081, upon deposit of $25.00 per set, non-refundable. The Owner reserves the right to waive any or all informalities or to reject any or all bids. Each Bid must be submitted on the prescribed form and accompanied by security submitted on the prescribed Bid Bond form in the amount not less than five (5%) percent of the amount bid. All Contractor's are required to provide certification of compliance with the E-Verify program per Alabama Act A Pre-Bid meeting will be held at 10:00 a.m. CDST on April 26, 2017, at Troy City Hall. Bidder s attendance is mandatory. Any bids turned in by non-attendees will not be received or considered by the Owner. The basis for the decision will be the lowest responsible bidder and funds available. Bids must be submitted on proposal forms furnished by the Owner with all bid items addressed. All bidders bidding in amounts exceeding that established by the State Licensing Board for General Contractors must be licensed under the provisions of Title 34, Chapter 8, Code of Alabama, 1975, and must show evidence of license before bidding or bid will not be received or considered by the Owner. The Bidder shall show such evidence by clearly displaying his or her current license number on the outside of the sealed envelope in which the proposal is delivered. The Owner reserves the right to reject any and all bids and to waive technical errors if, in the Owner s judgment, the best interests of the Owner will be served. No bidder may withdraw his bid within 30 days after the actual date of the opening thereof. Engineer: Watkins Consulting Engineering 100 Industrial Blvd. Suite #108 Troy, Al Phone Watkins@troycable.net DATE: April 11, 2017 Jason A. Reeves, Mayor 2

8 INSTRUCTIONS TO BIDDERS 1. RECEIPT AND OPENING OF BIDS The Owner may consider informal any bid not prepared and submitted in accordance with the provisions hereof and may waive any informalities or reject any and all bids. Any bid may be withdrawn prior to the above scheduled time for the opening of bids or authorized postponement thereof. Any bid received after the time and date specified shall not be considered. No bidder may withdraw a bid within thirty (30) days after the actual date of the opening thereof. 2. PREPARATION OF BID Each Bid must be submitted on the prescribed form. All blank spaces for bid prices must be filled in. 3. QUALIFICATIONS OF BIDDER The Owner may make such investigations as he deems necessary to determine the ability of the bidder to perform the work, and the bidder shall furnish to the Owner all such information and date for this purpose as the Owner may request. The Owner reserves the right to reject any bid if the evidence submitted or investigations of such bidder fails to satisfy the owner that such bidder is properly qualified to carry out the obligations of the Contract and to complete the work contemplated therein. Conditional bids will not be accepted. 4. BID SECURITY Each bid must be accompanied by cash, certified check of the bidder, or a bid bond prepared on the form of bid bond attached hereto, duly executed by the bidder as principal and having as surety thereon a surety company approved by the Owner, in the amount of 5% of amount bid (Maximum amount $10,000.00). Such cash, checks or bid bonds will be returned to all except the three lowest bidders within three days after opening of bids, and the remaining cash, checks or bid bonds will be returned promptly after the Owner and the accepted bidder have executed the contract, or, if no award has been made within thirty (30) days after the date of the opening of the bids, upon demand of the bidder at any time thereafter, so long as he has not been notified of the acceptance of his bid. 6. TIME OF COMPLETION AND LIQUIDATED DAMAGES Bidder must agree to commence work within 10 days after receipt by him of Notice to Proceed and fully complete the project within forty (40) work days thereafter. Bidder must agree also to pay as liquidated damages, the sum of $ for each consecutive working day thereafter. 7. CONDITIONS OF WORK Each bidder must inform himself fully of the conditions relating to the construction of the project and the employment of labor thereon. Failure to do so will not relieve a successful bidder of his obligations to furnish all material and labor necessary to carry out the provisions of his contract. Insofar as possible the Contractor, in carrying out his work, must employ such methods or means as will not cause any interruption of or interference with the work of any other Contractor. 8. ADDENDA AND INTERPRETATION No interpretation of the meaning of the plans, specification or other pre-bid documents will be made to any bidder orally. 3

9 Every request for such interpretation should be in writing, addressed to: Watkins Consulting Engineering, Inc. 100 Industrial Boulevard, Suite 108 Troy, Alabama To be given consideration, the request must be received at least five days prior to the date fixed for the opening of bids. Any and all such interpretations and any supplemental instructions will be in the form of written addenda to the specification which, if issued, will be mailed by certified mail with return receipt requested to all prospective bidders (at the respective addresses furnished for such purposes), not later than three days prior to the date fixed for the opening of bids. Failure of any bidder to receive any such addendum or interpretation shall not relieve such bidder from any obligation under his bid as submitted. All addenda so issued shall become part of the contract documents. 9. SECURITY FOR FAITHFUL PERFORMANCE Simultaneously with his delivery of the executed contract, the contractor shall furnish a surety bond or bonds as security for faithful performance of this contract and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract, as specified in the General Conditions included herein. The surety on such bond or bonds shall be a duly authorized surety company satisfactory to the Owner. 10. POWER OF ATTORNEY Attorneys-in fact who sign bid bonds or contract bonds must file with a bond a certified and effectively dated copy of their power of attorney. 11. LAWS AND REGULATIONS The Bidder s attention is directed to the fact that all applicable State laws, municipal ordinances, and the rules and regulations of all authorities having jurisdiction over construction of the project shall apply to the contract throughout, and they will be deemed to be included in the contract the same as though herein written in full. 12. OBLIGATION OF BIDDER At the time of the opening of bids each bidder will be presumed to have inspected the site and to have read and to be thoroughly familiar with the plans and contract documents (including addenda). The failure or omission of any bidder to examine any form, instrument or document shall in no way relieve any bidder from any obligation in respect of his bid. 13. QUANTITIES The quantities are shown on the Unit Price Bid Sheet on Sheet number 7. 4

10 14. ACCIDENT PREVENTIVE MEASURES The Contractor shall furnish and maintain sufficient and adequate danger signals, lights, barriers, etc., necessary to prevent accidents and to protect the work. 15. AWARD OF CONTRACT If at any time this contract is to be awarded, and the bids do not exceed the amount of funds estimated by the Owner as available to finance the contract, the contract will be awarded. In the event the total amount of bids for all Contracts is above the project budget, the Owner reserves the right to delete items or to reduce the quantities in the Contract to bring the project within the funds then available. All information given on the Drawings or in the Contract Documents relative to existing utilities and other structures is from the best source at present available. All such information is furnished only for the information and convenience of the bidder. Watkins Consulting Engineering does not warrant the accuracy of existing utilities shown. The Contractor shall be responsible for locating existing utilities before beginning work. The Contractor shall also be responsible for any damage to existing utilities and shall repair and/or replace any damages to said utilities at his own expense. 17. RIGHT OF WAY Rights of way for all work will be secured by the Owner. This shall not relieve the Contractor of his responsibility for any damage caused by carelessness or negligence. 18. DRUG FREE WORKPLACE The Contractor shall be required to submit to the Owner records showing that the Contractor maintains a drug free workforce. Records shall document satisfactory compliance with a recent drug testing program of all employees including any subcontractors that may be employed by the Contractor. 5

11 BID PROPOSAL SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL CITY OF TROY, PIKE COUNTY, ALABAMA Date: PROPOSAL OF: LICENSE NO. OF for SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL, and associated work, City of Troy, County of Pike, State of Alabama. TO: Mayor Jason A. Reeves, City of Troy, Alabama SIR: The undersigned bidder has investigated the site and has carefully examined the drawings or plans, bid documents, the specifications, the general requirements, the general terms and conditions, this proposal, together with any addenda thereto, and agrees to furnish and deliver all the materials, and to do and perform all the work and labor required to be furnished and delivered, done and performed in and about the improvements as described above and in accordance with certain plans and specifications prepared for and approved by The City of Troy, Alabama, within the time set forth herein for the bid amount as shown. See following Bid Sheet. 6

12 BID SHEET ITEM NO ITEM Description Quantity Unit UNIT PRICE AMOUNT 1 201A002 CLEARING & GRUBBING 1 L.S A548 8" SDR 26 PVC SANITARY SEWER LINE 1312 L.F H510 4' DIAMETER PRE CAST CONCRETE MANHOLES 4 EACH 4 645H510 4' DIAMETER PRE CAST CONCRETE DOGHOUSE 1 EACH MANHOLE " SANITARY SEWER SERVICE 118 L.F G510 4" CLEANOUT 1 EACH 4" SERVICE CONNECTS FROM BUILDINGS 25 EACH ROADWAY CUT AND REPAIR 1 L.S D SAND TO FILL IN MANHOLE 22 C.Y M000 REMOVE EXISTING MANHOLE 2 EACH F030 MANHOLE HEIGHT ADJUSTMENT 1 EACH J002 SILT FENCE 1157 L.F O001 REMOVE SILT FENCE 1157 L.F A000 TRAFFIC CONTROL 1 L.S B003 GRAVEL TO REPAIR DRIVES 1 L.S. REMOVE & REPAIR SIDEWALK, MATCH 1 L.S C 618A EXIST REMOVE & REPAIR CURB 1 L.S D 623B 206D REMOVE AND RE SET CHAIN LINK FENCE 1 L.S A D REMOVE AND RE SET PRIVACY FENCE 1 L.S A Ground prep, fert /lime/seed/mulch 1 L.S A001 SOLID SOD, BERMUDA 378 S.Y A003 SOLID SOD, CENTIPEDE 1388 S.Y D000 MULCH CONTROL NETTING 642 S.Y. 24 REPAIR STORM DRAIN 1 ALLOWANCE $10,000 max. 25 CONSTRUCTION ENTRANCE/EXIT PAD 1 EACH O000 EROSION CONTROL IMPLEMENTATION 1 L.S. 27 PRESSURE TEST, PULL MANDRELL, VACUUM TEST 1 L.S A000 MOBILIZATION 1 L.S. TOTAL BID: WRITTEN AMOUNT: DOLLARS and CENTS.

13 The above bid shall include all labor, materials, bailing, shoring, removal, overhead, profit, insurance, license and fees, etc., to cover the finished work of the several kinds called for. Bidder understands that the Owner reserves the right to reject any or all bids and to waive any informalities in the bidding. The bidder agrees that this bid shall be good and may not be withdrawn for a period of 30 calendar days after the scheduled closing time for receiving bids. Upon receipt of a written notice of the acceptance of this bid, bidder will execute the formal contract attached within 10 days and deliver a Surety Bond or bonds as required by the General Conditions. The bid security attached in the sum of Five (5) Percent of Maximum Amount of Bid ($5% of Bid), maximum $10, is to become the property of the Owner in the event the contract and bond are not executed within the time set forth, as liquidated damages for the delay and additional expense to the OWNER caused thereby. Respectfully submitted By (Title) (Seal - if bid by a corporation) (Business address) 8

14 CONTRACT This agreement, made this the day of, by and between (1) The City of Troy, Alabama hereinafter called Owner, and (2) an individual doing business as a partnership, a corporation of the City of, County of and State of, hereinafter called Contractor. Witnesseth: That for and in consideration of the payments and agreements hereinafter mentioned, to be made and performed by the Owner, the Contractor hereby agrees with the Owner to commence and complete the Construction described as follows: SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL The construction of, hereinafter called the Project, for the bid amount of: DOLLARS and CENTS ($ ). and all extra work in connections therewith, under the terms as stated in the General Conditions of the Contract and at his (its or their) own proper cost and expense to furnish all the materials, supplies, machinery, equipment, tools, superintendence, labor, insurance, and other accessories and services necessary to complete the said project in accordance with the conditions stated in the proposal, the General Conditions, Supplemental General Conditions, Special Provisions and Special Conditions of the Contract, the plans, which include all maps, plats, blueprints, and other drawings and printed or written explanatory matter thereof, the specifications and contract documents therefore as prepared by Watkins Consulting Engineering, Inc., hereinafter entitled the Engineer, all of which are made a part hereof and collectively evidence and constitute the contract. The Contractor hereby agrees to commence work under this contract on or before a date to be specified in a written Work Order of the Owner and to fully complete the project within forty (40) work days thereafter. The Contractor further agrees to pay, as liquidated damages, the sum of $ for each consecutive work day thereafter 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 Contract. 9

15 IN WITNESS WHEREOF, the parties to these presents have executed this contract in six (6) counterparts, each of which shall be deemed an original, in the year and day first above mentioned. The City of Troy, Alabama (Owner) (SEAL) Attest: (Sign) Name: (Please Print) Title: City Clerk\Treasurer BY: (Sign) Title: Mayor CONTRACTOR: (SEAL) Attest: by: (please sign) Name: (please Print) Title Name: (Please Print) Address: (1) Corporate name of Owner. (2) Title of authorized official. (3) Strike out inapplicable terms. Clerk of the Owner should attest. If Contractor is corporation, Secretary should attest. Give proper title of each person executing contract. 10

16 PERFORMANCE BOND KNOW ALL MEN BY THESE PRESENTS; That we (1) a(2) hereinafter called Principal and (3) of, State of hereinafter called the Surety, are held and firmly bound unto (4) The City of Troy, Alabama hereinafter called Owner in the penal sum of DOLLARS and CENTS ($ ). in lawful money of the United States for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severally, firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of 2017, a copy of which is hereto attached and made a part hereof for the construction of: SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL, hereinafter called the Project. NOW THEREFORE, if the Principal shall well, truly and faithfully perform its duties, all the undertakings, covenants, terms, conditions and agreements of said contract during the original term thereof, and any extensions thereof which may be granted by the Owner, with or without notice to the Surety, and if he shall satisfy all claims and demands incurred under such contract, and shall fully indemnify and save harmless the Owner from all costs and damages which it may suffer by reason of failure to do so, and shall reimburse and repay the Owner all outlay and expense which the Owner may incur in making good any default, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED, FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be performed thereunder or the specifications accompanying the same shall in any way affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 11

17 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of, ATTEST: Principal by Witness as to Principal ATTEST: (Surety) Secretary Address Surety by Attorney-in-Fact Address SEAL: Witness as to Surety Address Note: Date of Bond must not be prior to Date of Contract. (1) Correct name of Contractor. (2) A Corporation, A Partnership or an Individual, as case may be. (3) Correct name of Surety (4) Correct name of Owner (5) If Contractor is Partnership, all partners should execute bond. 12

18 PAYMENT BOND KNOW ALL MY BY THESE PRESENTS: That we (1) a 2) hereinafter called Principal (3) of State of hereinafter called Surety, are held and firmly bound unto (4) The City of Troy, Alabama hereinafter called Owner, in the penal sum of DOLLARS and CENTS_($ )._ in lawful money of the United States, for the payment of which sum well and truly to be made, we bind ourselves, our heirs, executors, administrators and successors, jointly and severely firmly by these presents. THE CONDITION OF THIS OBLIGATION is such that Whereas, the Principal entered into a certain contract with the Owner, dated the day of, 2017, a copy of which is hereto attached and made a part hereof for the construction of SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL, hereinafter called the Project. NOW THEREFORE, if the Principal shall promptly make payments to all persons, firms, subcontractors, and corporations furnishing materials for or performing labor in the prosecution of the work provided for in such contract, and any authorized extension or modification thereof, including all amounts due for materials, lubricants, oil, gasoline, coal and coke, repairs on machinery, equipment and tools, consumed or used in connection with the construction of such work, and all insurance premiums on said work, and for all labor, performed in such work whether by subcontractor or otherwise, then this obligation shall be void; otherwise to remain in full force and effect. PROVIDED FURTHER, that the said Surety, for value received hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the contract or to the work to be in any wise affect its obligation on this bond, and it does hereby waive notice of any such change, extension of time, alteration or addition to the terms of the contract or to the work or to the specifications. PROVIDED FURTHER, that no final settlement between the Owner and the Contractor shall abridge the right of any beneficiary hereunder, whose claim may be unsatisfied. 13

19 IN WITNESS WHEREOF, this instrument is executed in six (6) counterparts, each one of which shall be deemed an original, this the day of, ATTEST: Principal by Witness as to Principal ATTEST: (Surety) Secretary Address Surety by Attorney-in-Fact Address SEAL: Witness as to Surety Address Note: Date of Bond must not be prior to Date of Contract. (1) Correct name of Contractor. (2) A Corporation, A Partnership or an Individual, as case may be. (3) Correct name of Surety (4) Correct name of Owner (5) If Contractor is Partnership, all partners should execute bond. 14

20 BID BOND FORM KNOW ALL MEN BY THESE PRESENTS, that we, the undersigned, as Principal, and as Surety, are hereby held and firmly bound unto The City of Troy, Alabama,as owner, in the penal sum of five percent (5%) of amount bid (maximum amount $10,000.00), lawful money of the United States, for the payment of which, well and truly to be made, we hereby jointly and severally bind ourselves, our heirs, executors, administrators, successors and assigns. Signed this day of The Condition of the above obligation is such that whereas the Principal has submitted to The City of Troy, Alabama a certain Bid, attached hereto and hereby made a part hereof to enter into a contract in writing for the SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL, hereinafter called the Project. NOW THEREFORE, (a) If said Bid shall be rejected, or in the alternate, (b) If said Bid shall be accepted and the Principal shall execute and deliver a contract in the Form of Contract attached hereto (properly completed in accordance with said Bid) and shall furnish a bond for his faithful performance of said contract and for the payment of all persons performing labor or furnishing materials in connection therewith, and shall in other respects perform the agreement created by the acceptance of said Bid, then, this obligation shall be void, otherwise the same shall remain in force and effect; it being expressly understood and agreed that the liability of the Surety for any and all claims hereunder shall, in no event, exceed the penal amount of this obligation as herein stated. The Surety, for value received, hereby stipulates and agrees that the obligations of said Surety and its bond shall be in no way impaired or affected by any extension of the time within which the Owner may accept such bid; and said surety does hereby waive notice of any such extension. IN WITNESS WHEREOF, the Principal and the Surety have hereunto set their hands and seals, and such of them as are corporations have caused their corporate seals to be hereto affixed and these presents to be signed by their proper officers, the day and year first set forth above Principal Surety SEAL By: 15

21 NOTICE OF AWARD TO:. Project: SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL The OWNER has considered the BID submitted by you for the above described WORK in response to its Advertisement for Bids dated, 2017, and Information for Bidders. You are hereby notified that your BID has been accepted for items in the amount of: DOLLARS and CENTS ($ ). You are required by the Information for Bidders to execute the Agreement and furnish the required CONTRACTOR S Performance BOND, Payment BOND and certificates of insurance within ten (10) calendar days from the date of this Notice to you. If you fail to execute said Agreement and to furnish said Bonds within ten (10) days from the date of this Notice, said Owner will be entitled to consider all your rights arising out of the OWNER S acceptance of your BID as abandoned and as a forfeiture of your BID BOND. The OWNER will be entitled to such other rights as may be granted by law. You are required to return an acknowledged copy of this NOTICE OF AWARD to the OWNER Dated this, The City of Troy, Alabama Owner By: Title: _Mayor ACCEPTANCE OF NOTICE Receipt of the above NOTICE OF AWARD is hereby acknowledged by this the day of, By Title 16

22 NOTICE TO PROCEED To:. Date Project: SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL You are hereby notified to commence work as noted in the Instructions to Bidders within ten (10) calendar days of receipt of this notice to you and to complete the work within forty (40) work days. You are to begin work on or before, 2017, and you are to complete the WORK by The City of Troy, Alabama Owner By Title ACCEPTANCE OF NOTICE Receipt of the above NOTICE TO PROCEED is hereby acknowledged by this the day of, By Title 17

23 CHANGE ORDER Order No. Date: Agreement Date: NAME OF PROJECT: SANITARY SEWER IMPROVEMENTS, FOLMAR STREET TO PARK STREET OUTFALL OWNER: The City of Troy, Alabama CONTRACTOR: The following changes are hereby made to the CONTRACT DOCUMENTS: Justification: Change to CONTRACT PRICE: Original CONTRACT PRICE: Current CONTRACT PRICE adjusted by previous CHANGE ORDER The CONTRACT PRICE due to this CHANGE ORDER will be (increased) (decreased) by: $. The new CONTRACT PRICE including this CHANGE ORDER will be. Change to CONTRACT TIME: The CONTRACT TIME WILL BE (increased) (decreased) by calendar days. The date for completion of all work will by (Date). Approvals Required: To be effective this Order must be approved by the Federal agency if it changes the scope or objective of the PROJECT, or as may otherwise be required by the SUPPLEMENTAL GENERAL CONDITIONS. Requested by: Recommended by: Ordered by : Accepted by: 18

24 GENERAL CONDITIONS 1. CONTRACT AND CONTRACT DOCUMENTS The Plans, Specifications, Addenda and all other related documents shall form part of this Contract and the provisions thereof shall be as binding upon the parties hereto as if they were herein fully set forth. The table of contents, titles, headings, running headlines and marginal notes contained herein and in said documents are solely to facilitate reference to various provisions of the Contract Documents and in no way affect, limit or cast light on the interpretation of the provisions to which they refer. 2. DEFINITIONS The following terms as used in this contract are respectively defined as follows: (a) (b) (c) Contractor : A person, firm or corporation with whom the Contract is made by the Owner. Subcontractor : A person, firm or corporation supplying labor and materials or only labor for work at the site of the project for, and under separate contract or agreement with, the Contractor. Work on (at) the Project : Work to be performed at the location of the project, including the transportation of materials and supplies to or from the location of the project by employees of the Contractor and any Subcontractor. 3. MATERIALS, SERVICE AND FACILITIES (a) It is understood that except as otherwise specifically stated in the Contract Documents, the Contractor shall provide and pay for all materials, labor, tools, equipment, water, light, power, transportation, superintendence, temporary construction of every nature whatsoever necessary to execute compete and deliver the work within the specified time. (b) Any work necessary to be performed after regular working hours on Sundays or legal holidays, shall be performed without additional expense to the Owner. 4. CONTRACTOR S TITLE TO MATERIALS No materials or supplies for the work shall be purchased by the Contractor or by any subcontractor subject to any chattel mortgage or under a conditional sales contract or other agreement by which an interest is retained by the seller. The Contractor warrants that he has good title to all materials and supplies used by him in the work, free from all liens, claims or encumbrances. 5. INSPECTION AND TESTING OF MATERIALS (a) All materials and equipment used in the construction of the project shall be subject to adequate inspection and testing in accordance with accepted standards. (b) Materials of construction, particularly those upon which the strength and durability of the structure may depend, shall be subject to inspection and testing to establish conformance with specifications and suitability for uses intended. 19

25 6. OR EQUAL CLAUSE Whenever a material or article required is specified or shown on the plans by using the name of the proprietary product or of a particular manufacturer or vendor, any material or article which will perform adequately the duties imposed by the general design will be considered equal and satisfactory providing the material or article so proposed is of equal substance and function in the Engineer s opinion. It shall not be purchased or installed without his written approval. 7 (a) The Contractor shall hold and save the Owner and its officers, agents, servants, and employees harmless from liability of any nature or kind, including cost and expenses for, or on account of, any patented or unpatented invention, process, article or appliance manufactured or used by the Owner, unless otherwise specifically stipulated in the Contract Documents. (b) License or Royalty Fees: License and/or Royalty Fees for the use of a process which is authorized by the Owner of the project must be reasonable, and paid to the holder of the patent, or his authorized licensee, direct by the Owner and not by or through the Contract. (c) If the Contractor uses any design, device or materials covered by letters, patent or copyright, he shall provide for such use by suitable agreement with the Owner of such patented or copyrighted design, device or material. It is mutually agreed and understood that, without exception, the contract prices shall include all royalties or costs arising from the use of such design, a device or materials, in any way involved in the work. The Contractor and/or his Sureties shall indemnify and save harmless the Owner of the project from any and all claims for infringement by reason of the use of such patented or copyrighted design, device or materials or any trademark or copyright in connection with work agreed to be performed under this contract, and shall indemnify the Owner for any cost expense of damage which it may be obliged to pay by reason of such infringement at any time during the prosecution of the work or after completion of the work. 8. SURVEYS, PERMITS AND REGULATIONS The Contractor shall procure and pay for all permits, licenses and approvals necessary for the execution of his contract. The Contractor shall comply with all laws, ordinances, rules, orders and regulations relating to the performance of the work, the protection of adjacent property, and the maintenances of passageway, guard fences or other protective facilities. 9. CONTRACTOR S OBLIGATIONS The Contractor shall and will, in good workmanlike manner, do and perform all work and furnish all supplies and materials, machinery, equipment, facilities and means, except as herein otherwise expressly specified, necessary or proper to perform and complete all the work required by this contract, within the time herein specified in accordance with the directions of the Engineer as given from time to time during the process of the work. He shall furnish, erect, maintain, and remove such construction plant and such temporary works as may be required. He alone shall be responsible for the safety, efficiency, and adequacy of his plant, appliances, and methods, and for any damage which may result from their failure or their improper construction maintenance, or operation. The Contractor shall observe, comply with, and be subject to all terms, conditions, requirements, and limitations of the contract and specifications, and shall do, carry on and complete the entire work to the satisfaction of the Engineer and the Owner. 20

26 10. WEATHER CONDITIONS In the event of temporary suspension of work, or during inclement weather, or whenever the Engineer shall direct, the Contractor will and will cause his subcontractors to protect carefully his and their work and materials against damage or injury from the weather. If, in the opinion of the Engineer, any work or materials shall have been damaged or injured by reason of failure on the part of the Contractor or any of his subcontractors so to protect his work, such materials shall be removed and replaced at the expense of the Contractor. 11. PROTECTION AND RESTORATION OF PROPERTY (a) Trees, Shrubs, Plants or Grass: The Contractor shall not remove injure, cut or destroy trees, shrubs, plants or grass that are to remain on the site of the Work or those which are privately owned, without proper authority. Unless otherwise provided in the Special Provisions or the Proposal, the Contractor shall replace and replant all plants, shrubs, grass and restore the grounds back to its original good condition to the satisfaction of the Owner and the property owner. The Contractor shall assume the responsibility of replanting and guarantees that plants, shrubs grass will be watered, fertilized and cultivated until they are in a growing condition. No direct payment will be made for removing and replanting of trees, shrubs, plants or grass unless such items are set forth in the proposal. (b) Reparation: When or where any direct or indirect damage or injury is done to public or private property by or on account of any act, omission, neglect or otherwise of the Contractor, he shall make good such damage or injury in an acceptable manner. 12. RESPONSIBILITY FOR DAMAGE CLAIMS (a) General: The Contractor shall indemnify and save harmless the Owner, the Engineer, its officers and employees from all suits, actions, or claims of any character brought because of any injuries or damages received or sustained by any person, persons, or property on account of the operations of the said Contractor, in the construction work involved in this Contract, or on account of or in consequence of any neglect in safeguarding the Work; or through use of unacceptable materials in construction of the Work; or because of any act or omission, neglect or misconduct of said Contractor; or because of any claims or amounts recovered from any infringements of patent, trademark, or copyright, or from any claims or amounts arising or recovered under the Workmen s Compensation Act or any other law, ordinance, order, or decree; and so much of the money due the said Contractor under and by virtue of his Contract as shall be considered necessary by the Owner for such purpose, may be retained for the use of the Owner; or, in case no money is due, his Surety shall be held until such suits, action or actions, claim or claims for injuries or damages as aforesaid shall have been settled and suitable evidence to that effect furnished to the Owner and Engineer. The Owner or Engineer shall not be liable to the Contractor for damages or delays resulting from Work by third parties or by injunctions or other restraining orders obtained by third parties. (b) Accidents: The Contractor shall report to the Engineer and Owner all accidents occurring on the Work within forty-eight (48) hours after their occurrence. The report shall contain the complete information on the accident, including names, addresses of persons involved, and names and addresses of witnesses. Accidents involving Workman s Compensation claims need not be reported as they are a direct responsibility of the Contractor. 21

27 13. INDEMNITY AND INSURANCE (a) Hold Harmless Provision: The Contractor shall at all times indemnify and save harmless the Owner and Engineer, their officers and employees against all liability, claim of liability, loss, cost of damage, including death, and loss of services, on account of any injury to persons or property, occurring from any cause whatsoever in the construction work involved in the contract, and will at his expense defend on behalf of the Owner and Engineer their officers and employees, either or all, any suit brought against them or any of them, arising from any such case. Contractor does hereby agree to name the City of Troy as Additional Insured-As Their Interest May Appear, in the Contractors Commercial Auto Liability Insurance and Commercial General Liability Insurance; and to keep in effect at all times during the term of this agreement the following minimum limits of insurance; and to provide the City of Troy with Certificates of Insurance with a 30 day Notice of Cancellation evidencing such insurance: b) Commercial Automobile Liability Insurance including Hired and Non-Owned Auto Liability: $1,000,000 Combined Single Limit of Liability; c) Commercial General Liability Insurance: $1,000,000 Combined Single Limit Per Occurrence/$2,000,000 Aggregate Limit of Liability; $1,000,000 Personal and Advertising Injury; $2,000,000 Products and Completed Operations Liability; d) Workers Compensation and Employers Liability Insurance: Insurance must meet the insurance requirements as set forth in the current Workers Compensation Act of the State of Alabama. Minimum Employers Liability Limits: $1,000,000 Each Accident; $1,000,000 Disease Each Employee; $1,000,000 Disease policy Limit. e) Certificates of Insurance: Before Commencing operations the Contractor shall furnish the Engineer with one certified copy of all required policies of insurance, being acceptable to the Engineer, showing limits of liability as previously set forth in this section. The Contractor shall also furnish the Engineer six (6) copies of Certificates of Insurance on each Policy. (d) Responsibility of Contractor for Subcontractor: The Contractor will be wholly responsible for securing and keeping in his possession certificates of insurance from all subcontractors showing coverage and limits of liability carried by the subcontractor in accordance with subsections (b), (c), and (d) of this Section. 14. CONTRACTOR S RESPONSIBILITY FOR WORK Until final acceptance of the Work by the Engineer as evidenced by approval of the final estimate, the Work shall be in the custody and under the charge and care of the Contractor and he shall take every necessary precaution against injury or damage to any part thereof by the action of the elements or from any other cause, whether arising from execution or from the non-execution of the Work, unless otherwise provided for elsewhere in the Specifications or Contract. The Contractor shall rebuild, repair, restore and make good, without extra compensation, all injuries or damages to any portion of the work occasioned by any of the above causes before its completion and acceptance, and shall bear the expenses thereof. In case of suspension of the Work from any cause whatever, the Contractor shall be responsible for all materials and equipment and shall properly store them if necessary and shall provide suitable shelter from damage and shall erect temporary structures where necessary. 22

28 15. PERSONAL LIABILITY OF PUBLIC OFFICIALS In carrying out any of the provisions of these specifications or in exercising any power of authority granted to them by or within the scope of the Contract there shall be no liability upon the Owner, Engineer, or their authorized representatives, either personally or as officials of the Owner, it being understood that in such matters they act solely as agents and representatives of the Owner. 16. INSPECTION The authorized representative of the Owner or Government Agencies involved shall be permitted to inspect all work materials, payrolls, records of personnel, invoices of materials, and other relevant date and records. 17. REPORTS, RECORDS AND DATE The Contractor shall submit to the Owner such schedules of quantities and costs, progress schedules, payrolls, reports, estimates, records and other data as the Owner may request concerning work performed, or to be performed under this contract. 18. SUPERINTENDENCE BY CONTRACTOR At the site of the work the Contractor shall employ a construction superintendent or foreman who shall have full authority to act for the Contractor. It is understood that such representatives shall be acceptable to the Engineer and shall be one who can continue in that capacity for the particular job involved unless he ceases to be on the Contractor s payroll. Said superintendent shall be on site at all times. It is understood that he may be required to leave for short periods of time; however, if said superintendent leaves the site for any extended length of time, work shall stop. 19. No changes in the work covered by the approved contract documents shall be made without having prior written approval of the Owner. Charges or credits for the work covered by the approved change shall be determined by one or more, or a combination of the following methods: (a) (b) (c) Unit bid prices previously approved. An agreed lump sum. The Actual Cost of: 1. Labor, including foreman. 2. Materials entering permanently into the work. 3. The ownership or rental cost of construction plant and equipment during the time of use on the extra work. 4. Power and consumable supplies for the operation of power and equipment. 5. Insurance 6. Social Security and old age and unemployment contributions. To the cost under (c) there shall be added a fixed fee to be agreed upon but not to exceed fifteen percent (15%) of the estimated cost of the work. The fee shall be compensation to cover the cost of supervision, overhead, bond, profit and other general expense. 23

29 20. EXTRAS Without invalidating the contract, the Owner may order extra work or make changes by altering, adding to or deducting from the work, the contract sum being adjusted accordingly, and the consent of the Surety being first obtained where necessary or desirable. All the work of the kind bid upon shall be paid for at the price stipulated in the proposal, and no claims for any extra work or materials shall be allowed unless the work is ordered in writing by the Owner or its Engineer, acting officially for the Owner, and the price is stated in such order. 21. TIME FOR COMPLETION AND LIQUIDATED DAMAGES It is hereby understood and mutually agreed, by and between the Contractor and the Owner, that the date of beginning and the time for completion as specified in the Contract of the Work to be done hereunder and ESSENTIAL CONDITIONS of this Contract; and it is further mutually understood and agreed that the work embraced in this contract shall be commenced on a date to be specified in the work order. The Contractor agrees that said work shall be prosecuted regularly, diligently, and uninterruptedly at such rate of progress as will insure full completion thereof within the time specified. It is expressly understood and agreed, by and between the Contractor and the Owner, that the time for completion of the same, taking into consideration the average climatic range and usual industrial conditions prevailing in this locality. If the said Contractor shall neglect, fail or refuse to complete the work within the time herein specified, or any proper extension thereof granted by the Owner, then the Contractor does hereby agree as a part consideration for the awarding of this contract, pay to the Owner the amount specified in the Contract, not as a penalty, but as liquidated damages for such breach of contract as hereinafter set forth, for each and every working day that the Contractor shall be in default after the time stipulated in the contract for completing the work. The said amount is fixed and agreed upon by and between the Contractor and the Owner because of the impracticability and extreme difficulty of fixing and ascertaining the actual damages the Owner would in such event sustain, and said amount is agreed to be the amount of damages which the Owner would sustain and said amount shall be retained from time to time by the Owner from current periodical estimates. It is further agreed that time is of the essence of each and every portion of this contract and of the specifications wherein a definite and certain length of time is fixed for the performance of any act whatsoever; and where under the contract an additional time is allowed for the completion of any work, the new time limit fixed by such extension shall be of the essence of this contract, PROVIDED that the Contractor shall not be charged with liquidated damages or any excess cost when the delay in completion of the work is due: (a) (b) To any preference, priority or allocation order duly issued by the Government; To unforeseeable cause 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 the Owner, acts of another contractor in the performance of a contract with the Owner, fires, floods, epidemics, quarantine restrictions, strikes, freight embargoes and unusually severe weather; and 24

30 (c) To any delays or subcontractors or supplies occasioned by and of the causes specified in subsections (a) and (b) of this article: Provided further, that the Contractor shall, within ten (10) days from the beginning of such delay, unless the Owner shall grant a further period of time prior to the date of final settlement of the contract, notify the Owner, in writing, of the causes of the delay, who shall ascertain the facts and extent of the delay and notify the Contractor within a reasonable time of its decision in the matter. 22. CORRECTION OF WORK All work, all materials, whether incorporated in the work or not, all processes of manufacture, and all methods of construction shall be at all times and places subject to the inspection of the Engineer, who shall be the final judge of the quality and suitability of the work, materials, processed of the manufacturer, and methods of construction for the purposes for which they are used. Should they fail to meet his approval they shall be forthwith reconstructed, made good, replaced and/or corrected, as the case may be, by the Contractor at his own expense. Rejected material shall immediately be removed from the site. If, in the opinion of the Engineer, it is undesirable to replace any defective or damaged materials or to reconstruct or correct any portion of the work injured or not performed in accordance with the Contract Documents, the compensation to be paid to the Contractor hereunder shall be reduced by such amount as in the judgment of the Engineer shall be equitable. 23. CLAIMS FOR EXTRA COSTS No claim for extra work or cost shall be allowed unless the same was done in pursuance of a written order of the Engineer approved by the Owner, as aforesaid, and the claim presented with the first estimate after the changed or extra work is done. When work is performed under the terms of subparagraph 19(c) of the General Conditions, the Contractor shall furnish satisfactory bills, payrolls and vouchers covering all items of cost and when requested by the Owner, give the Owner access to accounts, relating thereto. 24. RIGHT OF THE OWNER 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 Owner 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 Owner shall immediately serve notice thereof upon the Surety and the Contractor, 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 Owner 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 Owner for any excess cost occasioned the Owner thereby, and in such event the Owner 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 thereof. 25. CONSTRUCTION SCHEDULE AND PERIODIC ESTIMATES Immediately after execution and delivery of the contract, and before the first partial payment is made, the Contractor shall deliver to the Owner an estimated construction progress schedule in form 25

31 satisfactory to the Owner, showing the proposed date of commencement and completion of each of the various subdivisions of work required under the Contract Documents and the anticipated amount of each monthly payment that will become due the Contractor in accordance with the progress schedule. The Contractor shall also submit to the Owner an itemized Schedule of Values of work items for the purpose of making partial payments hereon. The Engineer will decide whether any Schedule of Value prices are unbalanced either excessively above or below a reasonable cost analysis value, particularly if these unbalanced amounts are substantial and contrary to the interest to the Owner. The costs employed in making up any of these schedules will be used only for determining the basis of partial payments and will not be considered as fixing a basis for additions to or deductions from the contract price. 26. PAYMENTS TO CONTRACTOR (a) Not later than the 15th of each calendar month the Owner will make a partial payment to the Contractor on the basis of a duly certified and approved estimate of the work performed during the preceding calendar month under this contract, but to insure the proper performance of this contract, the Owner shall retain five percent (5%) of the amount of each estimate until final completion and acceptance of all work covered by this contract: Provided, that the Owner at any time after 50% of the work has been completed, may make any of the remaining progress payments in full. (b) All material and work covered by partial payments made shall thereupon become the sole property of the Owner, but this provision shall not be construed as relieving the Contractor from the sole responsibility for the care and protection of materials, and work upon which payments have been made or the restoration of any damaged work, or as a waiver of the right of the Owner to require the fulfillment of all terms of the contract. (c) Should any defective work or materials be discovered, or should a reasonable doubt arise as to the integrity of any part of the work completed previous to the final acceptance and payment there will be deducted from the first estimate rendered after the discovery of such defective or questioned work, and this work will not be included in the subsequent estimates until the defects have been remedied or the cause for doubt removed. (d) Any or all estimates may be withheld indefinitely until any or all of the orders given by the Engineer in compliance with and by virtue of the terms of the Contract have been complied with by the Contractor. (e) Owner s right to withhold certain amounts and make application thereof: The Contractor agrees that he will indemnify and save the Owner harmless from all claims growing out of the lawful demands of subcontractors, laborers, workmen, mechanics, materialmen, and furnishers of machinery and parts thereof, equipment, power tools, and all supplies, including commissary, incurred in the furtherance of this contract. The Contractor shall furnish satisfactory evidence that all obligations of the nature hereinabove designated have been paid, discharged, or waived. If the Contractor fails to do so, then the Owner may, after having served written notice on the said Contractor, either pay unpaid bills, of which the Owner has written notice, direct, or withhold from the Contractor s unpaid compensation a sum of money deeded reasonable sufficient to pay any and all such lawful claims until satisfactory evidence is furnished that all liabilities have been fully discharged, whereupon payment to the Contractor shall be resumed, in accordance with the terms of this contract, but in no event shall the provisions of this sentence be construed to impose any obligations upon the Owner to either the Contractor or his surety. In paying any unpaid bills of the Contractor, the Owner shall be deemed the agent of the Contractor, any payment so made by the Owner shall be considered as a payment made under the contract by the Owner to the Contractor and the Owner shall not be liable to the Contractor for any such payment made in good faith. 26

32 27. ACCEPTANCE OF FINAL PAYMENT CONSTITUTES RELEASE The acceptance by the Contractor of final payment shall be and shall operate as a release to the Owner of all claims and all liability to the Contractor for all things done or furnished in connection with this work and for every act and neglect of the Owner and others relating to or arising out of this work. No payment, however, final or otherwise, shall operate to release the Contractor or his Sureties from any obligations under this contract or the Performance and Payment Bond. 28. CONTRACT SECURITY The Contractor shall furnish a performance bond in an amount at least equal to one hundred percent (100%) of the contract prices as security for the faithful performance of this contract and also a payment bond in amount not less than one hundred percent (100%) of the contract price or in a penal sum not less that prescribed by State, territorial or local law, as security for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The performance bond and the payment bond may be in one or separate instruments in accordance with local law. 29. ADDITIONAL OR SUBSTITUTE BOND If at any time the Owner for justifiable cause, shall be or become dissatisfied with any surety or sureties upon the Performance or Payment Bonds, the Contractor shall within five (5) days after notice from the Owner to do so substitute an acceptance bond (or bonds) in such form and sum and signed by such other surety or sureties as may be satisfactory to the Owner. The premiums on such bond shall be paid by the Contractor. No further payments shall be deemed due nor shall be made until the new surety or sureties shall have furnished such an acceptable bond to the Owner. 30. ASSIGNMENTS The Contractor shall not assign the whole or any part of this contract or any monies due or to become due hereunder without written consent of the Owner. In case the Contractor assigns all or any part of any monies due or to become due under this contract, the instrument of assignment shall contain a clause substantially to the effect that it is agreed that the right of the assignee in and to any monies due or to become due to the Contractor shall be subject to prior claims of all persons, firms and corporations for services rendered or materials supplied for the performance of the work called for in this contract. 31. MUTUAL RESPONSIBILITY OF CONTRACTORS If, through acts of neglect on the part of the Contractor, any other Contractor or any subcontractor shall suffer loss or damage on the work, the Contractor agrees to settle with such other Contractor or subcontractors by agreement or arbitration - if such other Contractor or subcontractors will so settle. If such other Contractor or subcontractor shall assert any claim against the Owner on account of any damage alleged to have been sustained, the Owner shall notify the Contractor, who shall indemnify and save harmless the Owner against any such claim. 32. SEPARATE CONTRACT The Contractor shall coordinate his operations with those of other Contractors. Cooperation will be required in the arrangement for the storage of materials and in the detailed execution of the work. The Contractor, including his subcontractors, shall keep informed of the progress and the detail work of other Contractors and shall notify the Engineer immediately of lack of progress or defective 27

33 workmanship on the part of other Contractors. Failure of a Contractor to keep informed of the work progressing on the site and failure to give notice of lack of progress or defective workmanship by others shall be construed as acceptance by him of the status of the work as being satisfactory for proper coordination with his own work. 33. SUBCONTRACTING (a) The Contractor may utilize the service of specialty subcontractors on those parts of the work which, under normal contracting practice, are performed by specialty subcontractors. (b) The Contractor shall not award any work to any subcontractor without prior written approval of the Owner, which approval will not be given until the Contractor submits to the Owner a written statement concerning the proposed award to the subcontractor, which statement shall contain such information as the Owner may require. (c) The Contractor shall be fully responsible to the Owner for the acts and omissions of his subcontractors, and of persons either directly or indirectly employed by them, as he is for the acts and omissions of persons directly employed by him. (d) The Contractor shall cause appropriate provisions to be inserted in all subcontractors relative to the work to bind subcontractors to the Contractor by the terms of the General Conditions and other contract documents insofar as applicable to the work of subcontractors and to give the Contractor the same power as regards terminating any subcontractor that the Owner may exercise over the Contractor under any provision of the contract documents. (e) Nothing contained in this contract shall create any contractual relations between any subcontractor and the Owner. 34. ENGINEER S AUTHORITY The Engineer shall give all orders and directions contemplated under this Contract and specifications relative to the execution of the work. The Engineer shall determine the amount, quality, acceptability, and fitness of the several kinds of work and materials which are to be paid for under this contract and shall decide all questions which may arise in relation to said work and the construction thereof. The Engineer s estimates and decisions shall be final and conclusive, except as herein otherwise expressly provided. In case any question shall arise between the parties hereto relative to said contract or specifications, the determination or decision of the Engineer shall be a condition precedent to the right of the Contract or to receive any money or payment for work under this contract affected in any manner or any extent by such question. The Engineer shall decide the meaning and intent of any portion of the Specifications and of any plans or drawings where the same may be found obscure or be in dispute. Any differences or conflicts in regard to their work which may arise between the Contractor under this contract and other Contractors performing work for the Owner shall be adjusted and determined by the Engineer. 35. USE OF PREMISES AND REMOVAL OF DEBRIS The Contractor expressly undertakes at his own expense: (a) To take every precaution against injuries to persons or damage to property. 28

34 (b) (c) (d) (e) (f) To store his apparatus, materials, supplies and equipment in such orderly fashion at the site of the work as will not unduly interfere with the progress of his work or the work of any other contractors. To place upon the work or any part hereof only such loads as are consistent with the safety of that portion of the work. To clean up frequently all refuse, rubbish, scrap materials, and debris caused by his operation, to the end that all times the site of the work shall present a neat, orderly and workmanlike appearance. Before the final payment to remove all surplus material, falsework, temporary structures, including foundations thereof, plant of any description and debris of every nature resulting from his operations, and to put the site in a neat, orderly condition. To effect all cutting, fitting or patching of his work required to make the same to conform to the plans and specifications and, except with the consent of the Engineer, not to cut or otherwise alter the work of any other Contractor. 36. QUANTITIES OF ESTIMATE Wherever the estimated quantities of work to be done and materials to be furnished under this contract are shown in any of the documents including the proposal, they are given for use in comparing bids and the right is especially reserved except as herein otherwise specifically limited, to increase or diminish them as may be deemed reasonably necessary or desirable by the Owner to complete the work contemplated by this contract, and such increases or diminution shall in no way vitiate this contract, nor shall any such increase or diminution give cause for claims of liability for damages. 37. GENERAL GUARANTY Neither the final certificate of payment nor any provision in the Contract Documents nor partial or entire occupancy of the premises by the Owner shall constitute an acceptance of work not done in accordance with the Contract Documents or relieve the Contractor of liability in respect to any express warranties or responsibility for faulty materials or workmanship. The Contractor shall remedy any defects in the work and pay for any damage to the work resulting therefrom, which shall appear within a period of one year from the date of final acceptance of the work unless a longer period is specified. The Owner will give notice of observed defects with reasonable promptness. 38. CONFLICTING CONDITIONS Any provision in any of the Contract Documents which may be in conflict or inconsistent with any of the Paragraphs in these General Conditions shall be void to the extent of such conflict or inconsistency. 39. NOTICE AND SERVICE THEREOF Any notice to any Contractor from the Owner relative to any part of this contract shall be in writing and considered delivered and the service thereof completed, when said notice is posted, by certified or registered mail, to the said Contractor at his last given address, or delivered in person to said Contractor or his authorized representative on work. 40. PROVISIONS REQUIRED BY LAW DEEMED INSERTED Each and every provision of law and clause required by law to be inserted in this contract shall be deemed to be inserted herein and the contract shall be read and enforced as though it were included herein, and if through mistake or otherwise any such provision is not inserted, or is not correctly 29

35 inserted, then upon the application of either party the contract shall forthwith be physically amended to make insertion or correction. 41. WAGE RATES The construction of said project shall in all respects conform to all applicable requirements of State and Local Laws and ordinances. 42. PAYMENT OF EMPLOYEES The Contractor shall comply with the regulations of the Secretary of Labor made pursuant to the Anti- Kickback Act of June 13, 1940, 40 U.S.C. 276 (c) and any amendments or modifications thereto. The Contractor shall cause appropriate provision to be inserted in any subcontracts for the work which he may let to insure compliance with said Anti-Kickback law by all subcontractors subject thereto, and the Contractor shall be responsible for the submission of affidavits required of subcontractors by said Anti- Kickback Act except as the Secretary of Labor may specifically provide for reasonable limitations, variations and exemptions from the requirement thereof. 43. WAGE UNDERPAYMENTS AND ADJUSTMENTS - N/A 44. NO DISCRIMINATION IN EMPLOYMENT In connection with the performance of work under this contract, the Contractor agrees not to discriminate against any employee or applicant for employment because of race, religion, color or national origin. The aforesaid provision shall include but not be limited to the following: employment, upgrading, demotion, or transfer; recruitment advertising, layoff or termination, rates of pay or other forms of compensation, and selection for training, including apprenticeship. The Contractor agrees to post hereafter in conspicuous places, available for employees and applicants for employment, notices setting forth the provisions of these nondiscrimination clauses. The Contractor further agrees to insert the foregoing provision in all subcontractors for standard commercial supplies of raw materials. 45. INTEREST OF MEMBER OF OR DELEGATE TO CONGRESS OR RESIDENT COMMISSIONER No member of or delegate to Congress or Resident Commissioner shall be admitted to any share or part of this contract or to any benefit that may arise therefrom, but this provision shall not be construed to extend to this contract if made a corporation for its general benefit. 46. OTHER PROHIBITED INTEREST No official of the Owner who is authorized in such capacity and on behalf of the Owner to negotiate, make accept or approve or to take part in negotiating, making, accepting, or approving any architectural, engineering, inspection construction or material supply contract or any subcontract in connection with the construction of the project, shall become directly or indirectly interested personally in this contract or in any part hereof. No officer, employee, architect, attorney, engineer or inspector of or for the Owner who is authorized in such capacity and on behalf of the Owner to exercise any legislative executive, supervisory or other similar functions in connection with the construction of the project, shall 30

36 become directly or indirectly interested personally in this contract or any part thereof, any material supply contract, subcontract insurance contract, or any other contract pertaining to the project. 47. COOPERATION OF THE CONTRACTOR The Contractor will be supplied with two copies of the Plans, Specifications, Supplemental Specifications and Special Provisions. The Contractor shall have available on the work at all times, one copy of each Special Provision; he shall give the work the constant attention necessary to facilitate the progress thereof and shall cooperate with the Engineer, Inspectors, and with other Contractors in every way possible. The Contractor shall at all times have a competent superintendent on the work, capable of reading and thoroughly understanding the Plans and Specifications, as his agent on the work, with full authority to execute the orders or directions of the Engineer without delay and to supply promptly such materials, tools, plant equipment, and labor as may be required. Such superintendent shall be furnished irrespective of the amount of work sublet and shall have full authority over all subcontract work. The Contractor shall schedule and conduct his work and dispose of his materials so as to avoid causing unnecessary inconveniences and delay to other Contractors engaged on adjacent work and so as to join his work to that of other Contractors in a proper manner, and in accordance with the spirit of the Plans and Specifications and so as to perform his work in the sequence in relation to that of other adjacent work, all as may be directed by the Engineer. Each Contractor shall so conduct his operations and maintain the work in such condition that adequate drainage shall be affected at all times. It is mutually agreed that in case of a dispute arising between two or more Contractors engaged on the same work, as to the respective rights of each under these Specifications, the Engineer shall determine the matters at issue and shall define the respective rights of the various interests in order to secure completion of all parts of the work in general harmony and with satisfactory results, and his decision shall be final and binding on all parties concerned and shall not in any way be cause for claims for extra compensation by any of the parties. 48. ACCEPTANCE AND FINAL PAYMENT Final payment shall be due thirty (30) days after substantial completion of the work, provided the work is then fully completed and the contract fully performed. The Contractor shall advertise notice of completion for four consecutive weeks in a newspaper of local circulation and provide the Owner with proof of publication by affidavit of the publisher and a printed copy of the notice. The Contractor shall furnish the Owner a letter from the Surety stating that all bills have been paid and a release of surety notice before final payment is made. 49. SAFETY OBLIGATIONS OF CONTRACTOR The Contractor shall be solely responsible for the safety of his workers. This includes but is not limited to any safety equipment required to maintain a safe workplace and the proper use of said safety equipment. The Contractor shall be solely responsible for compliance with any state and federal safety laws that apply to the work on this particular project. 31

37 City of Troy Utilities Water Department P.O. Box Charles W. Meeks Ave. Troy, Alabama THE CITY OF TROY UTILITIES STANDARD SPECIFICATIONS APRIL 2016 WATER DISTRIBUTION IMPROVEMENTS LAST REVISED 04/14/16 Specifications contained herein supersede all previously published versions